No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depository or any other Person with respect to the accuracy of the records of the Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depository) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the holders and all payments to be made to the holders under the Notes shall be given or made only to the registered holders (which shall be the Depository or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depository subject to the applicable rules and procedures of the Depository. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depository with respect to its members, participants and any beneficial owners.
Appears in 70 contracts
Samples: Indenture (Caesars Entertainment, Inc.), Indenture (Davita Inc.), Indenture (Garrett Motion Inc.)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global NoteSecurity, a member of, or a participant in the Depository or any other Person with respect to the accuracy of the records of the Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depository) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such NotesSecurities. All notices and communications to be given to the holders Holders and all payments to be made to the holders Holders under the Notes Securities shall be given or made only to the registered holders Holders (which shall be the Depository or its nominee in the case of a Global NoteSecurity). The rights of beneficial owners in any Global Note Security shall be exercised only through the Depository subject to the applicable rules and procedures of the Depository. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depository with respect to its members, participants and any beneficial owners.
Appears in 42 contracts
Samples: Indenture (Berry Global Group, Inc.), Indenture (Berry Global Group, Inc.), Indenture (Berry Global Group, Inc.)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depository or any other Person with respect to the accuracy of the records of the Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depository) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the holders Holders and all payments to be made to the holders Holders under the Notes shall be given or made only to the registered holders Holders (which shall be the Depository or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depository subject to the applicable rules and procedures of the Depository. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depository with respect to its members, participants and any beneficial owners.
Appears in 34 contracts
Samples: Indenture (Coronado Global Resources Inc.), Indenture (Emergent Capital, Inc.), Indenture (Coronado Global Resources Inc.)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global NoteSecurity, a member of, or a participant in the Depository Depositary or any other Person with respect to the accuracy of the records of the Depository Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the DepositoryDepositary) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such NotesSecurities. All notices and communications to be given to the holders Holders and all payments to be made to the holders Holders under the Notes Securities shall be given or made only to the registered holders Holders (which shall be the Depository Depositary or its nominee in the case of a Global NoteSecurity). The rights of beneficial owners in any Global Note Security shall be exercised only through the Depository Depositary subject to the applicable rules and procedures of the DepositoryDepositary. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depository Depositary with respect to its members, participants and any beneficial owners.
Appears in 15 contracts
Samples: Indenture (Alamosa Holdings LLC), Indenture (Dex Media Inc), Indenture (Peninsula Cellular Services Inc)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of an interest in a Global Note, a member of, or a participant in the Depository Agent Members or any other Person Persons with respect to the accuracy of the records of the Depository DTC or its nominee or of any participant or member thereofAgent Members, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, memberAgent Member, beneficial owner or other Person (other than the DepositoryDTC) of any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, amount or delivery of any Notes (or other security or property) under or with respect to such Notes. All notices and communications to be given to the holders Holders and all payments to be made to the holders under Holders in respect of the Notes shall be given or made only to or upon the order of the registered holders Holders (which shall be the Depository DTC or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depository DTC, subject to the applicable rules and procedures of the DepositoryDTC. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depository DTC with respect to its members, participants Agent Members and any beneficial owners.
Appears in 14 contracts
Samples: Indenture (Cemex Sab De Cv), Indenture (Cemex Sab De Cv), Indenture (Cemex Sab De Cv)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global NoteSecurity, a member of, or a participant in the Depository or any other Person with respect to the accuracy of the records of the Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depository) of any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, under or with respect to such NotesSecurities. All notices and communications to be given to the holders Holders and all payments to be made to the holders Holders under the Notes Securities shall be given or made only to or upon the order of the registered holders Holders (which shall be the Depository or its nominee in the case of a Global NoteSecurity). The rights of beneficial owners in any Global Note Security shall be exercised only through the Depository subject to the applicable rules and procedures of the Depository. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depository with respect to its members, participants and any beneficial owners.
Appears in 12 contracts
Samples: Bridge Loan Agreement (William Lyon Homes), Indenture (United Surgical Partners International Inc), Indenture (Up Offshore (Holdings) Ltd.)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depository Depositary or any other Person with respect to the accuracy of the records of the Depository Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the DepositoryDepositary) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the holders Holders and all payments to be made to the holders Holders under the Notes shall be given or made only to the registered holders Holders (which shall be the Depository Depositary or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depository Depositary subject to the applicable rules and procedures of the DepositoryDepositary. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depository Depositary with respect to its members, participants and any beneficial owners.
Appears in 8 contracts
Samples: Supplemental Indenture (J M SMUCKER Co), First Supplemental Indenture (DIEBOLD NIXDORF, Inc), Fourth Supplemental Indenture (J M SMUCKER Co)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depository or any other Person with respect to the accuracy of the records of the Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depository) of any notice (including any notice of redemption or repurchaseoptional redemption) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the holders Holders and all payments to be made to the holders Holders under the Notes shall be given or made only to or upon the order of the registered holders Holders (which shall be the Depository or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depository subject to the applicable rules and procedures of the Depository. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depository with respect to its members, participants and any beneficial owners.
Appears in 8 contracts
Samples: Indenture (Comstock Oil & Gas GP, LLC), Indenture (Pacific Drilling S.A.), Indenture (Pacific Drilling S.A.)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global NoteSecurity, a member of, or a participant in in, the Depository or any other Person with respect to the accuracy of the records of the Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depository) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such NotesSecurities. All notices and communications to be given to the holders Holders and all payments to be made to the holders Holders under the Notes Securities shall be given or made only to the registered holders Holders (which shall be the Depository or its nominee in the case of a Global NoteSecurity). The Except as may be otherwise permitted pursuant to Section 2.14 of the Indenture, the rights of beneficial owners in any Global Note Security shall be exercised only through the Depository subject to the applicable rules and procedures of the Depository. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depository with respect to its members, its participants and any beneficial owners.
Appears in 8 contracts
Samples: Indenture (Aquestive Therapeutics, Inc.), Indenture (Aquestive Therapeutics, Inc.), Indenture (Egalet Corp)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global NoteSecurity, a member of, or a participant in the Depository or any other Person with respect to the accuracy of the records of the Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depository) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such NotesSecurities. All notices and communications to be given to the holders Holders and all payments to be made to the holders Holders under the Notes Securities shall be given or made only to the registered holders Holders (which shall be the Depository or its nominee in the case of a Global NoteSecurity). The rights of beneficial owners in any Global Note Security shall be exercised only through the Depository subject to the applicable rules and procedures of the Depository. The Trustee may conclusively rely and shall be fully protected in so relying upon information furnished by the Depository with respect to its members, participants and any beneficial owners.
Appears in 7 contracts
Samples: Indenture (Party City Holdco Inc.), Indenture (Party City Holdco Inc.), Indenture (Party City Holdco Inc.)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depository Depository, Euroclear or Clearstream or any other Person with respect to the accuracy of the records of the Depository Depository, Euroclear or its Clearstream or any nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depository) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the holders Holders and all payments to be made to the holders Holders under the Notes shall be given or made only to the registered holders Holders (which shall be the Depository or its any nominee thereof in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depository Depository, subject to the applicable rules and procedures of the Depository. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depository with respect to its any members, participants and any beneficial ownersowners thereof.
Appears in 7 contracts
Samples: Restructuring Support, Forbearance, and Settlement Agreement (CAESARS ENTERTAINMENT Corp), Indenture (Momentive Performance Materials Inc.), Indenture (Momentive Performance Materials Inc.)
No Obligation of the Trustee. (i) The Trustee None of the Trustee, the Registrar or the Paying Agent shall have no any responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depository any Agent Member or any other Person with respect to the accuracy of the records of the Depository or its nominee or of any participant or member Agent Member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, memberAgent Member, beneficial owner or other Person (other than the Depository) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the holders Holders and all payments to be made to the holders Holders under the Notes shall be given or made only to the registered holders Holders (which shall be the Depository or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depository subject to the applicable rules and procedures of the Depository. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depository with respect to its members, participants Agent Member and any beneficial owners.
Appears in 4 contracts
Samples: Purchase Agreement (GeoEye, Inc.), Indenture (GeoEye, Inc.), Indenture (Orbimage Inc)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global NoteSecurity, a member of, or a participant in the Depository or any other Person with respect to the accuracy of the records of the Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depository) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such NotesSecurities. All notices and communications to be given to the holders Holders and all payments to be made to the holders Holders under the Notes Securities shall be given or made only to the registered holders Holders (which shall be the Depository or its nominee in the case of a Global NoteSecurity). The rights of beneficial owners in any Global Note Security shall be exercised only through the Depository subject to the applicable rules and procedures of the Depository. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depository with respect to its members, participants and any beneficial owners.
Appears in 4 contracts
Samples: Indenture (Clean Harbors Inc), Indenture (Clean Harbors Inc), Indenture (Clean Harbors Inc)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depository DTC or any other Person with respect to the accuracy of the records of the Depository DTC or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the DepositoryDTC) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the holders and all payments to be made to the holders under the Notes shall be given or made only to the registered holders (which shall be the Depository DTC or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depository DTC subject to the applicable rules and procedures of the DepositoryDTC. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depository DTC with respect to its members, participants and any beneficial owners.
Appears in 4 contracts
Samples: Indenture (Forward Air Corp), Indenture (XPO, Inc.), Indenture (XPO, Inc.)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant Participant in the Depository Depositary or any other Person with respect to the accuracy of the records of the Depository Depositary or its nominee or of any participant Participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participantParticipant, member, beneficial owner Indirect Participant or other Person (other than the DepositoryDepositary) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the holders Holders and all payments to be made to the holders Holders under the Notes shall be given or made only to the registered holders Holders (which shall be the Depository or its nominee Depositary in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depository Depositary subject to the applicable rules and procedures of the DepositoryDepositary. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depository Depositary with respect to its members, participants Participants and any beneficial ownersIndirect Participants.
Appears in 3 contracts
Samples: Indenture (ACCO BRANDS Corp), Indenture (Acco Brands Corp), Indenture (Acco Brands Corp)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depository Depositary (“Agent Members”) or any other Person with respect to the accuracy of the records of the Depository Depositary or its nominee their respective nominees or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the DepositoryDepositary) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the holders Holders and all payments to be made to the holders Holders under the Notes shall be given or made only to the registered holders Holders (which shall be the Depository Depositary or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depository Depositary subject to the applicable rules and procedures of the DepositoryDepositary. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depository Depositary with respect to its members, participants and any beneficial owners.
Appears in 3 contracts
Samples: Nineteenth Supplemental Indenture (Rogers Communications Inc), Supplemental Indenture (Rogers Communications Inc), First Supplemental Indenture (Rogers Communications Inc)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depository or any other Person with respect to the accuracy of the records of the Depository or its any nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depository) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the holders and all payments to be made to the holders under the Notes shall be given or made only to the registered holders (which shall be the Depository or its any nominee thereof in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depository subject to the applicable rules and procedures of the Depository. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depository with respect to its any members, participants and any beneficial ownersowners thereof.
Appears in 3 contracts
Samples: Indenture (G Iii Apparel Group LTD /De/), Indenture (Abercrombie & Fitch Co /De/), Indenture (Gap Inc)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depository or any other Person with respect to the accuracy of the records of the Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depository) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the holders Holder and all payments to be made to the holders Holder under the Notes shall be given or made only to the registered holders Holder (which shall be the Depository or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depository subject to the applicable rules and procedures of the Depository. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depository with respect to its members, participants and any beneficial owners.
Appears in 3 contracts
Samples: Indenture (Amn Healthcare Services Inc), Indenture (Amn Healthcare Services Inc), Indenture (Amn Healthcare Services Inc)
No Obligation of the Trustee. (i) The Trustee shall have no ---------------------------- responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depository or any other Person with respect to any ownership interest in the Notes, with respect to the accuracy of the records of the Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes thereof or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depository) of any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the holders Holders and all payments to be made to the holders Holders under the Notes shall be given or made only to the registered holders Holders (which shall be the Depository or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note in global form shall be exercised only through the Depository subject to the applicable rules and procedures of the Depository. The Trustee may rely and shall be fully protected and indemnified pursuant to Section 607 in relying upon information furnished by the Depository with respect to its members, participants and any beneficial owners, its members and participants.
Appears in 3 contracts
Samples: Indenture (Mediacom LLC), Indenture (Paragon Health Network Inc), Indenture (Details Inc)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depository or any other Person with respect to the accuracy of the records of the Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depository) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the holders Holders and all payments to be made to the holders Holders under the Notes shall be given or made only to the registered holders Holders (which shall be the Depository or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depository subject to the applicable rules and procedures of the Depository. The Trustee may conclusively rely and shall be fully protected in so relying upon information furnished by the Depository with respect to its members, participants and any beneficial owners.
Appears in 3 contracts
Samples: Indenture (Homefed Corp), Indenture (Homefed Corp), Indenture (Metaldyne Performance Group Inc.)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depository Depository, Euroclear or Clearstream or any other Person with respect to the accuracy of the records of the Depository Depository, Euroclear or its Clearstream or any nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depository) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the holders and all payments to be made to the holders under the Notes shall be given or made only to the registered holders (which shall be the Depository or its any nominee thereof in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depository Depository, subject to the applicable rules and procedures of the Depository. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depository with respect to its any members, participants and any beneficial ownersowners thereof.
Appears in 2 contracts
Samples: Indenture (Vici Properties Inc.), Indenture (Vici Properties Inc.)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global NoteSecurity, a member of, or a participant in the Depository or any other Person with respect to the accuracy of the records of the Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depository) of any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, under or with respect to such NotesSecurities. All notices and communications to be given to the holders Holders and all payments to be made to the holders Holders under the Notes Securities shall be given or made only to or upon the order of the registered holders Holders (which shall be the Depository or its nominee in the case of a Global NoteSecurity). The rights of beneficial owners in any Global Note Security shall be exercised only through the Depository subject to the applicable rules and procedures of the Depository. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depository with respect to its members, participants and any beneficial owners.the
Appears in 2 contracts
Samples: Indenture (Shaw Group Inc), Indenture (Healthsouth Corp)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depository applicable Depositary or any other Person with respect to the accuracy of the records of the Depository applicable Depositary or its any nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the DepositoryDepositary) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the holders Holders and all payments to be made to the holders Holders under the Notes shall be given or made only to the registered holders Holders (which shall be the Depository Depositary or its any nominee thereof in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depository Depositary, subject to the applicable rules and procedures of the DepositoryApplicable Procedures. The Trustee may conclusively rely and shall be fully protected in relying upon information furnished by the Depository Depositary with respect to its any members, participants and any beneficial ownersowners thereof.
Appears in 2 contracts
Samples: Indenture (Coty Inc.), Indenture (Coty Inc.)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Common Depository or any other Person with respect to the accuracy of the records of the Common Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Common Depository) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the holders and all payments to be made to the holders under the Notes shall be given or made only to the registered holders (which shall be the Common Depository or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Common Depository subject to the applicable rules and procedures of the Common Depository. The Trustee may rely and shall be fully protected in relying upon information furnished by the Common Depository with respect to its members, participants and any beneficial owners.
Appears in 2 contracts
Samples: Indenture (Dana Inc), Indenture (Dana Inc)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depository applicable Depositary or any other Person with respect to the accuracy of the records of the Depository applicable Depositary or its any nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the DepositoryCommon Depositary) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the holders Holders and all payments to be made to the holders Holders under the Notes shall be given or made only to the registered holders Holders (which shall be the Depository Common Depositary or its any nominee thereof in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depository Common Depositary, subject to the applicable rules and procedures of the DepositoryApplicable Procedures. The Trustee may conclusively rely and shall be fully protected in relying upon information furnished by the Depository applicable Depositary with respect to its any members, participants and any beneficial ownersowners thereof.
Appears in 2 contracts
Samples: Indenture (Coty Inc.), Indenture (Coty Inc.)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depository or any other Person with respect to the accuracy of the records of the Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depository) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the holders Holders and all payments to be made to the holders Holders under the Notes shall be given or made only to the registered holders Holders (which shall be the Depository or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depository subject to the applicable rules and procedures of the Depository. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depository with respect to its members, participants and any beneficial owners.
Appears in 2 contracts
Samples: Third Supplemental Indenture (J M SMUCKER Co), Supplemental Indenture (J M SMUCKER Co)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of an interest in a Global Note, a member of, or a participant in the Depository in, DTC or any other Person with respect to the accuracy of the records of the Depository DTC or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the DepositoryDTC) of any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, amount or delivery of any Notes (or other security or property) under or with respect to such Notes. All notices and communications to be given to the holders Holders and all payments to be made to the holders under Holders in respect of the Notes shall be given or made only to or upon the order of the registered holders Holders (which shall be the Depository DTC or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depository DTC subject to the applicable rules and procedures of the DepositoryDTC. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depository DTC with respect to its members, participants and any beneficial owners.
Appears in 2 contracts
Samples: Indenture (Homex Development Corp.), Indenture (Homex Development Corp.)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global NoteSecurity, a member of, or a participant in the Depository or any other Person with respect to the accuracy of the records of the Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depository) Appendix - 13 of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such NotesSecurities. All notices and communications to be given to the holders Holders and all payments to be made to the holders Holders under the Notes Securities shall be given or made only to the registered holders Holders (which shall be the Depository or its nominee in the case of a Global NoteSecurity). The rights of beneficial owners in any Global Note Security shall be exercised only through the Depository subject to the applicable rules and procedures of the Depository. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depository with respect to its members, participants and any beneficial owners.
Appears in 2 contracts
Samples: Indenture (Denbury Resources Inc), Indenture (Denbury Resources Inc)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depository or any other Person with respect to the accuracy of the records of the Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depository) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the holders Holders and all payments to be made to the holders Holders under the Notes shall be given or made only to the registered holders Holders (which shall be the Depository or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depository subject to the applicable rules and procedures of the Depository. The Trustee may conclusively rely and shall be fully protected in relying upon information furnished by the Depository with respect to its members, participants and any beneficial owners.
Appears in 2 contracts
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depository or any other Person person with respect to the accuracy of the records of the Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person person (other than the Depository) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the holders and all payments to be made to the holders under the Notes shall be given or made only to the registered holders (which shall be the Depository or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depository subject to the applicable rules and procedures of the Depository. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depository with respect to its members, participants and any beneficial owners.
Appears in 2 contracts
Samples: Indenture (Fresh Market Holdings, Inc.), Indenture (Fresh Market Holdings, Inc.)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depository in, any Depositary or any other Person with respect to the accuracy of the records of the Depository any Depositary or its nominee their nominees or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the DepositoryDepositary) of or any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, amount or delivery of any Notes (or other security or property) under or with respect to such Notes. All notices and communications to be given to the holders Holders and all payments to be made to the holders under Holders in respect of the Notes shall be given or made only to or upon the order of the registered holders Holders (which shall be the Depository Depositary or its nominee in the case of a Global NoteNotes). The rights of beneficial owners in any Global Note shall be exercised only through the Depository Depositary subject to the applicable rules and procedures of the DepositoryApplicable Procedures. The Trustee may conclusively rely and shall be fully protected in relying upon information furnished by the Depository Depositary with respect to its members, participants and any beneficial owners.
Appears in 2 contracts
Samples: Indenture (Collins & Aikman Corp), Indenture (Collins & Aikman Corp)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depository or any other Person with respect to the accuracy of the records of the Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depository) of any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the holders Holders and all payments to be made to the holders Holders under the Notes shall be given or made only to or upon the order of the registered holders Holders (which shall be the Depository or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depository subject to the applicable rules and procedures of the Depository. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depository with respect to its members, participants and any beneficial owners.
Appears in 2 contracts
Samples: Indenture (TransDigm Group INC), Indenture (Affinia Group Intermediate Holdings Inc.)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depository Depositary or any other Person with respect to the accuracy of the records of the Depository Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the DepositoryDepositary) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the holders Holders and all payments to be made to the holders Holders under the Notes shall be given or made only to the registered holders Holders (which shall be the Depository Depositary or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depository Depositary subject to the applicable rules and procedures of the DepositoryDepositary. The Trustee may conclusively rely and shall be fully protected in so relying upon information furnished by the Depository Depositary with respect to its members, participants and any beneficial owners.
Appears in 2 contracts
Samples: Second Supplemental Indenture (Babcock & Wilcox Enterprises, Inc.), Supplemental Indenture (Babcock & Wilcox Enterprises, Inc.)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depository or any other Person with respect to the accuracy of the records of the Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depository) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the holders Holders and all payments to be made to the holders Holders under the Notes shall be given or made only to the registered holders Holders (which shall be the Depository or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depository subject to the applicable rules and procedures of the Depository. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depository with respect to its members, participants and any beneficial owners.
Appears in 2 contracts
Samples: Indenture (Delta Tucker Holdings, Inc.), Indenture (Worldwide Recruiting & Staffing Services LLC)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global NoteSecurity, a member of, or a participant in the Depository or any other Person with respect to the accuracy of the records of the Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depository) of any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, under or with respect to such NotesSecurities. All notices and communications to be given to the holders Holders and all payments to be made to the holders Holders under the Notes Securities shall be given or made only to or upon the order of the registered holders Holders (which shall be the Depository or its nominee in the case of a Global NoteSecurity). The rights of beneficial owners in any Global Note Security shall be exercised only through the Depository subject to the applicable rules and procedures of the Depository. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depository with respect to its members, participants and any beneficial owners.
Appears in 1 contract
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global NoteSecurity, a member of, or a participant in the Depository or any other Person with respect to the accuracy of the records of the Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depository) of any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, under or with respect to such NotesSecurities. All notices and communications to be given to the holders Holders and all payments to be made to the holders Holders under the Notes Securities shall be given or made only to or upon the order of the registered holders Holders (which shall be the Depository or its nominee in the case of a Global NoteSecurity). The rights of beneficial owners in any Global Note Security shall be exercised only through the Depository subject to the applicable rules and procedures pro- cedures of the Depository. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depository with respect to its members, participants and any beneficial owners.
Appears in 1 contract
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depository DTC or any other Person with respect to the accuracy of the records of the Depository DTC or its any nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the DepositoryDTC) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the holders and all payments to be made to the holders under the Notes shall be given or made only to the registered holders (which shall be the Depository DTC or its any nominee thereof in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depository DTC subject to the applicable rules and procedures of the DepositoryDTC. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depository DTC with respect to its any members, participants and any beneficial ownersowners thereof.
Appears in 1 contract
Samples: Indenture (Gap Inc)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global NoteSecurity, a member of, or a participant in in, the Depository or any other Person with respect to the accuracy of the records of the Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depository) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such NotesSecurities. All notices and communications to be given to the holders Holders and all payments to be made to the holders Holders under the Notes Securities shall be given or made only to the registered holders Holders (which shall be the Depository or its nominee in the case of a Global NoteSecurity). The Except as may be otherwise permitted pursuant to Section 2.13 of the Indenture, the rights of beneficial owners in any Global Note Security shall be exercised only through the Depository subject to the applicable rules and procedures of the Depository. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depository with respect to its members, its participants and any beneficial owners.
Appears in 1 contract
No Obligation of the Trustee. (i1) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global NoteSecurity, a member of, or a participant in in, the Depository or any other Person with respect to the accuracy of the records of the Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depository) of any notice (including any notice of redemption or repurchase) or the payment of any amount, amount or delivery of any Securities (or other security or property) under or with respect to such NotesSecurities. All notices and communications to be given to the holders Holders and all payments to be made to Holders in respect of the holders under the Notes Securities shall be given or made only to or upon the order of the registered holders Holders (which shall be the Depository or its nominee in the case of a Global NoteSecurity). The rights of beneficial owners in any Global Note Security shall be exercised only through the Depository subject to the applicable rules and procedures of the Depository. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depository with respect to its members, participants and any beneficial owners.
Appears in 1 contract
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global NoteSecurity, a member of, or a participant in the Depository Depositary or any other Person with respect to the accuracy of the records of the Depository Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the DepositoryDepositary) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such NotesSecurities. All notices and communications to be given to the holders Holders and all payments to be made to the holders Holders under the Notes Securities shall be given or made only to the registered holders Holders (which shall be the Depository Depositary or its nominee in the case of a Global NoteSecurity). The rights of beneficial owners in any Global Note Security shall be exercised only through the Depository Depositary subject to the applicable rules and procedures of the DepositoryDepositary. The Trustee may conclusively rely and shall be fully protected in relying upon information furnished by the Depository Depositary with respect to its members, participants and any beneficial owners.
Appears in 1 contract
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global NoteSecurity, a member of, an Agent Member or a participant in the Depository or any other Person with respect to the accuracy of the records of the Depository or its nominee or of any participant or member thereofAgent Member, with respect to any ownership interest in the Notes Securities or with respect to the delivery to any participant, member, beneficial owner Agent Member or other Person (other than the Depository) of any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, amount or delivery of any Securities (or other security or property) under or with respect to such NotesSecurities. All notices and communications to be given to the holders Holders and all payments to be made to the holders under Holders in respect of the Notes Securities shall be given or made only to or upon the registered holders order of the Holders as reflected on the Register (which shall be the Depository or its nominee in the case of a Global NoteSecurity). The rights of beneficial owners in any Global Note Security shall be exercised only through the Depository subject to the applicable rules and procedures of the Depository. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depository with respect to its members, participants and any beneficial ownersAgent Members.
Appears in 1 contract
Samples: Indenture (Mounger Corp)
No Obligation of the Trustee. (i) The Trustee shall have ---------------------------- no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depository Depositary or any other Person with respect to any ownership interest in the Notes, with respect to the accuracy of the records of the Depository Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes thereof or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the DepositoryDepositary) of any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the holders Holders and all payments to be made to the holders Holders under the Notes shall be given or made only to the registered holders Holders (which shall be the Depository Depositary or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note in global form shall be exercised only through the Depository Depositary subject to the applicable rules and procedures of the DepositoryDepositary. The Trustee may rely and shall be fully protected and indemnified pursuant to Section 607 in relying upon information furnished by the Depository Depositary with respect to its members, participants and any beneficial owners, its members and participants.
Appears in 1 contract
Samples: Indenture (Mediacom Broadband Corp)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depository Depositary or any other Person with respect to the accuracy of the records of the Depository Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the DepositoryDepositary) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the holders Holders and all payments to be made to the holders Holders under the Notes shall be given or made only to the registered holders Holders (which shall be the Depository Depositary or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depository Depositary subject to the applicable rules and procedures of the DepositoryDepositary. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depository with respect to its members, participants and any beneficial owners.fully
Appears in 1 contract
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global NoteSecurity, a member of, or a participant in the Depository or any other Person with respect to the accuracy of the records of the Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depository) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such NotesSecurities. All notices and communications to be given to the holders Holders and all payments to be made to the holders Holders under the Notes Securities shall be given or made only to the registered holders Holders (which shall be the Depository or its nominee in the case of a Global NoteSecurity). The rights of beneficial owners in any Global Note Security shall be exercised only through the Depository subject to the applicable rules and procedures of the Depository. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depository with respect to its members, participants and any beneficial owners.
Appears in 1 contract
Samples: Indenture (SFX Entertainment, INC)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in in, the Depository Depositary or any other Person with respect to the accuracy of the records of the Depository Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the DepositoryDepositary) of any notice (including any notice of redemption or repurchase) or the payment of any amount, amount or delivery of any Notes (or other security or property) under or with respect to such Notes. All notices and communications to be given to the holders Holders and all payments to be made to the holders under Holders in respect of the Notes shall be given or made only to or upon the order of the registered holders Holders (which shall be the Depository Depositary or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depository Depositary subject to the applicable rules and procedures of the Depository. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depository with respect to its members, participants and any beneficial owners.rules
Appears in 1 contract
Samples: Indenture (Quiksilver Inc)
No Obligation of the Trustee. (i) The Trustee None of the Trustee, Registrar or Paying Agent shall have no any responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depository or any other Person with respect to the accuracy of the records of the Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depository) of any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the holders Holders and all payments to be made to the holders Holders under the Notes shall be given or made only to or upon the order of the registered holders Holders (which shall be the Depository or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depository subject to the applicable rules and procedures of the Depository. The Trustee Trustee, Registrar and Paying Agent may rely and shall be fully protected in relying upon information furnished by the Depository with respect to its members, participants and any beneficial owners.
Appears in 1 contract
Samples: Indenture (Iac/Interactivecorp)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global NoteSecurity, a member of, or a participant in in, the Depository Depositary or any other Person with respect to the accuracy of the records of the Depository Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the DepositoryDepositary) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such NotesSecurities. All notices and communications to be given to the holders Holders and all payments to be made to the holders Holders under the Notes Securities shall be given or made only to the registered holders Holders (which shall be the Depository Depositary or its nominee in the case of a Global NoteSecurity). The rights of beneficial owners in of any Global Note Security shall be exercised only through the Depository Depositary subject to the applicable rules and procedures of the DepositoryDepositary. The Trustee may conclusively rely and shall be fully protected in relying upon information furnished by the Depository Depositary with respect to its members, its participants and any beneficial owners.
Appears in 1 contract
Samples: Indenture (Kansas City Southern)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depository Depository, or any other Person with respect to the accuracy of the records of the Depository Depository, or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depository) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the holders Holders and all payments to be made to the holders Holders under the Notes shall be given or made only to the registered holders Holders (which shall be the Depository or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depository subject to the applicable rules and procedures of the Depository. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depository Depository, with respect to its members, participants and any beneficial owners.
Appears in 1 contract
Samples: Indenture (At Home Group Inc.)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depository Depositary or any other Person with respect to the accuracy of the records of the Depository Depositary or its nominee nominees or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the DepositoryDepositary) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the holders Holders and all payments to be made to the holders Holders under the Notes shall be given or made only to the registered holders Holders (which shall be the Depository Depositary or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depository Depositary subject to the applicable rules and procedures of the DepositoryDepositary. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depository Depositary with respect to its members, participants and any beneficial owners.
Appears in 1 contract
Samples: Indenture (Howard Hughes Corp)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant Participant in the Depository Depositary or any other Person with respect to the accuracy of the records of the Depository Depositary or its nominee or of any participant Participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participantParticipant, member, beneficial owner Indirect Participant or other Person (other than the DepositoryDepositary) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the holders Holders and all payments to be made to the holders Holders under the Notes shall be given or made only to the registered holders Holders (which shall be the Depository or its nominee Depositary in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depository Depositary subject to the applicable rules and procedures of the DepositoryDepositary. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depository Depositary with respect to its members, participants Participants and any beneficial ownersIndirect Participants.
Appears in 1 contract
Samples: Indenture (ACCO BRANDS Corp)
No Obligation of the Trustee. (i) The Neither the Trustee nor any Agent shall have no any responsibility or obligation to any beneficial owner of in a Global Note, a member of, or a participant in the Depository Depositary or any other Person with respect to the accuracy of the records of the Depository Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the DepositoryDepositary) of any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the holders Holders and all payments to be made to the holders Holders under the Notes shall be given or made only to or upon the order of the registered holders Holders (which shall be the Depository Depositary or its nominee in the case of a the Global Note). The rights of beneficial owners in any the Global Note shall be exercised only through the Depository Depositary subject to the applicable rules and procedures of the DepositoryDepositary. The Trustee and each Agent may rely and shall be fully protected in relying upon information furnished by the Depository Depositary with respect to its members, participants and any beneficial owners.
Appears in 1 contract
Samples: Indenture (Gencorp Inc)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global NoteSecurity, a member of, or a participant in the Depository Depositary or any other Person with respect to the accuracy of the records of the Depository Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the DepositoryDepositary) of or any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the holders Holders and all payments to be made to the holders Holders under the Notes shall be given or made only to or upon the order of the registered holders Holders (which shall be the Depository Depositary or its nominee in the case of a Global NoteSecurity). The rights of beneficial owners in any Global Note Security shall be exercised only through the Depository Depositary subject to the applicable rules and procedures of the DepositoryDepositary. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depository Depositary with respect to its members, participants and any beneficial owners.
Appears in 1 contract
Samples: Indenture (Lomak Petroleum Inc)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner Beneficial Owner of a Global NoteSecurity, a member of, or a participant in the Depository Depositary or any other Person with respect to the accuracy of the records of the Depository Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes Securities or with respect to the delivery to any participant, member, beneficial owner Beneficial Owner or other Person (other than the DepositoryDepositary) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such NotesSecurities. All notices and communications to be given to the holders Holders and all payments to be made to the holders Holders under the Notes Securities shall be given or made only to the registered holders Holders (which shall be the Depository Depositary or its nominee in the case of a Global NoteSecurity). The rights of beneficial owners Beneficial Owners in any Global Note Security shall be exercised only through the Depository Depositary subject to the applicable rules and procedures of the DepositoryDepositary. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depository Depositary with respect to its members, participants and any beneficial ownersBeneficial Owners.
Appears in 1 contract
Samples: Indenture (Sea Coast Foods, Inc.)
No Obligation of the Trustee. (i1) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global NoteSecurity, a member of, or a participant in the Depository or any other Person with respect to the accuracy of the records of the Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depository) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such NotesSecurities. All notices and communications to be given to the holders Holders and all payments to be made to the holders Holders under the Notes Securities shall be given or made only to the registered holders Holders (which shall be the Depository or its nominee in the case of a Global NoteSecurity). The rights of beneficial owners in any Global Note Security shall be exercised only through the Depository subject to the applicable rules and procedures of the Depository. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depository with respect to its members, participants and any beneficial owners.
Appears in 1 contract
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depository or any other Person with respect to any ownership interest in the Notes, with respect to the accuracy of the records of the Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes thereof or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depository) of any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the holders Holders and all payments to be made to the holders Holders under the Notes shall be given or made only to the registered holders Holders (which shall be the Depository or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note in global form shall be exercised only through the Depository subject to the applicable rules and procedures of the Depository. The Trustee may rely and shall be fully protected and indemnified pursuant to Section 607 in relying upon information furnished by the Depository with respect to its members, participants and any beneficial owners., its members and participants. 56 56
Appears in 1 contract
Samples: Indenture (Colortyme Inc)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global NoteSecurity, a member of, or a participant in the Depository or any other Person with respect to the accuracy of the records of the Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depository) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such NotesSecurities. All notices and communications to be given to the holders Holders and all payments to be made to the holders Holders under the Notes Securities shall be given or made only to the registered holders Holders (which shall be the Depository or its nominee in the case of a Global NoteSecurity). The rights of beneficial owners in any Global Note Security shall be exercised only through the Depository Depository, subject to the applicable rules and procedures of the Depository. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depository with respect to its members, participants and any beneficial owners.
Appears in 1 contract
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global NoteSecurity, a member of, or a participant in in, the Depository or any other Person with respect to the accuracy of the records of the Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depository) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such NotesSecurities. All notices and communications to be given to the holders Holders and all payments to be made to the holders Holders under the Notes Securities shall be given or made only to the registered holders Holders (which shall be the Depository or its nominee in the case of a Global NoteSecurity). The rights of beneficial owners in any Global Note Security shall be exercised only through the Depository subject to the applicable rules and procedures of the Depository. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depository with respect to its members, participants and any beneficial owners.
Appears in 1 contract
Samples: Indenture (Salt Holdings Corp)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global NoteSecurity, a member of, or a participant in the Depository or any other Person with respect to the accuracy of the records of the Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depository) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such NotesSecurities. All notices and communications to be given to the holders Holders and all payments to be made to the holders Holders under the Notes Securities shall be given or made only to the registered holders Holders (which shall be the Depository or its nominee in the case of a Global NoteSecurity). The rights of beneficial owners in any Global Note Security shall be exercised only through the Depository subject to the applicable rules and procedures of the Depository. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depository with respect to its members, participants and any beneficial owners.
Appears in 1 contract
Samples: Indenture (Amc Entertainment Inc)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global NoteSecurity, a member of, or a participant in the Depository Depositary or any other Person with respect to the accuracy of the records of the Depository Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the DepositoryDepositary) of any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, under or with respect to such NotesSecurities. All notices and communications to be given to the holders Holders and all payments to be made to the holders Holders under the Notes Securities shall be given or made only to the registered holders Holders (which shall be the Depository Depositary or its nominee in the case of a Global NoteSecurity). The rights of beneficial owners in any Global Note Security shall be exercised only through the Depository Depositary subject to the applicable rules and procedures of the DepositoryDepositary. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depository Depositary with respect to its members, participants and any beneficial owners.
Appears in 1 contract
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of an interest in a Global Note, a member of, or a participant in the Depository Agent Members or any other Person Persons with respect to the accuracy of the records of the Depository DTC or its nominee or of any participant or member thereofAgent Members, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, memberAgent Member, beneficial owner or other Person (other than the DepositoryDTC) of any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, amount or delivery of any Notes (or other security or property) under or with respect to such Notes. All notices and communications to be given to the holders Holders and all payments to be made to the holders under Holders in respect of the Notes shall be given or made only to or upon the order of the registered holders Holders (which shall be the Depository DTC or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depository DTC subject to the applicable rules and procedures of the DepositoryDTC. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depository DTC with respect to its members, participants Agent Members and any beneficial owners.
Appears in 1 contract
Samples: Indenture (Cemex Sab De Cv)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global NoteSecurity, a member of, or a participant in the Depository Depositary or any other Person with respect to the accuracy of the records of the Depository Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the DepositoryDepositary) of any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, under or with respect to such NotesSecurities. All notices and communications to be given to the holders Holders and all payments to be made to the holders Holders under the Notes Securities shall be given or made only to or upon the order of the registered holders Holders (which shall be the Depository Depositary or its nominee in the case of a Global NoteSecurity). The rights of beneficial owners in any Global Note Security shall be exercised only through the Depository Depositary subject to the applicable rules and procedures of the DepositoryDepositary. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depository Depositary with respect to its members, participants and any beneficial owners.
Appears in 1 contract
Samples: Indenture (Terex Corp)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global NoteSecurity, a member of, of or a participant in the Depository Depositary or any other Person with respect to the accuracy of the records of the Depository Depositary or its nominee or of any participant or member thereof, thereof with respect to any ownership interest in the Notes Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the DepositoryDepositary) of any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, amount under or with respect to such NotesSecurities. All notices and communications to be given to the holders Holders and all payments to be made to the holders Holders under the Notes Securities shall be given or made only to or upon the order of the registered holders Holders (which shall be the Depository Depositary or its nominee in the case of a Global NoteSecurity). The rights of beneficial owners in any Global Note Security shall be exercised only through the Depository Depositary subject to the applicable rules and procedures of the DepositoryDepositary. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depository Depositary with respect to its members, participants and any beneficial owners.
Appears in 1 contract
Samples: Guaranteed Senior Secured Notes Indenture (Winstar Communications Inc)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global NoteSecurity, a member of, or a participant in the Depository or any other Person with respect to the accuracy of the records of the Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depository) of any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, under or with respect to such NotesSecurities. All notices and communications to be given to the holders Holders and all payments to be made to the holders Holders under the Notes Securities shall be given or made only to or upon the order of the registered holders Holders (which shall be the Depository or its nominee in the case of a Global NoteSecurity). The rights of beneficial owners in any Global Note Security shall be exercised only through the Depository subject to the applicable rules and procedures of the Depository. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depository with respect to its members, participants and any beneficial owners.relying
Appears in 1 contract
Samples: Indenture (J H Heafner Co Inc)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global NoteSecurity, a member of, or a participant in the Depository or any other Person with respect to the accuracy of the records of the Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depository) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such NotesSecurities. All notices and communications to be given to the holders Holders and all payments to be made to the holders Holders under the Notes Securities shall be given or made only to the registered holders Holders (which shall be the Depository or its nominee in the case of a Global NoteSecurity). The rights of beneficial owners in any Global Note Security shall be exercised only through the Depository subject to the applicable rules and procedures of the Depository. The Trustee may conclusively rely and shall be fully protected in so relying upon information furnished by the Depository with respect to its members, participants and any beneficial owners.
Appears in 1 contract
Samples: Indenture (PQ Group Holdings Inc.)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depository or any other Person with respect to the accuracy of the records of the Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depository) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the holders Holders and all payments to be made to the holders Holders under the Notes shall be given or made only to the registered holders Holders (which shall be the Depository or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depository subject to the applicable rules and procedures of the Depository. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depository with respect to its members, participants and any beneficial owners.
Appears in 1 contract
Samples: Indenture (CDW Corp)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global NoteSecurity, a member ofan Agent Member, or a participant in the Depository or any other Person with respect to the accuracy of the records of the Depository or its nominee or of any participant or member thereofan Agent Member, with respect to any ownership interest in the Notes Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depository) of any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, under or with respect to such NotesSecurities. All notices and communications to be given to the holders Holder and all payments to be made to the holders Holders under the Notes Securities shall be given or made only to or upon the order of the registered holders Holders (which shall be the Depository or its nominee in the case of a Global NoteSecurity). The rights of beneficial owners in any Global Note Security shall be exercised only through the Depository subject to the applicable rules and procedures of the Depository. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depository with respect to its members, participants and any beneficial owners.
Appears in 1 contract
Samples: Indenture (Willcox & Gibbs Inc /De)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global NoteSecurity, a member of, or a participant in the Depository or any other Person with respect to the accuracy of the records of the Depository or its nominee or of any participant or member thereofAgent Members, with respect to any ownership interest in the Notes Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depository) of any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, under or with respect to such NotesSecurities. All notices and communications to be given to the holders Holders and all payments to be made to the holders Holders under the Notes Securities shall be given or made only to or upon the order of the registered holders Holders (which shall be the Depository or its nominee in the case of a Global NoteSecurity). The rights of beneficial owners in any Global Note Security shall be exercised only through the Depository subject to the applicable rules and procedures of the Depository. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depository with respect to its members, participants and any beneficial owners.
Appears in 1 contract
Samples: Indenture (Premier Parks Inc)
