Common use of NOTES ISSUABLE IN THE FORM OF A GLOBAL NOTE Clause in Contracts

NOTES ISSUABLE IN THE FORM OF A GLOBAL NOTE. (a) If the Issuer establishes pursuant to Sections 3.02 and 4.01 that the Notes of a particular Series, Class or Tranche are to be issued in whole or in part in the form of one or more Global Notes, then the Issuer will execute and the Indenture Trustee or its agent will, in accordance with Section 4.03 and the Issuer Certificate delivered to the Indenture Trustee or its agent thereunder, authenticate and deliver, such Global Note or Notes, which, unless otherwise provided in the applicable Indenture Supplement (i) will represent, and will be denominated in an amount equal to the aggregate Stated Principal Amount (or in the case of Discount Notes, the aggregate Stated Principal Amount at the Expected Final Payment Date of such Notes) of the Outstanding Notes of such Series, Class or Tranche to be represented by such Global Note or Notes, or such portion thereof as the Issuer will specify in an Issuer Certificate, (ii) in the case of Registered Notes, will be registered in the name of the Depository for such Global Note or Notes or its nominee, (iii) will be delivered by the Indenture Trustee or its agent to the Depository or pursuant to the Depository’s instruction, (iv) if applicable, will bear a legend substantially to the following effect: “Unless this Note is presented by an authorized representative of The Depository Trust Company, a New York corporation (“DTC”), to the Issuer or its agent for registration of transfer, exchange or payment, and any Note issued is registered in the name of Cede & Co. or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), any transfer, pledge or other use hereof for value or otherwise by or to any person is wrongful inasmuch as the registered owner hereof, Cede & Co., has an interest herein” and (v) may bear such other legend as the Issuer, upon advice of counsel, deems to be applicable.

NOTES ISSUABLE IN THE FORM OF A GLOBAL NOTE. (a) If the Issuer establishes Company shall establish pursuant to Sections 3.02 and 4.01 Section 2.05 hereof that the Notes of a particular Series, Class or Tranche series are to be issued in whole or in part in the form of one or more Global Notes, then the Issuer will Company shall execute and the Indenture Trustee or its agent willshall, in accordance with Section 4.03 2.05 hereof and the Issuer Certificate Company Order delivered to the Indenture Trustee or its agent thereunder, authenticate and deliver, deliver such Global Note or Notes, which, unless otherwise provided specified in the applicable Indenture Supplement such Company Order, (i) will shall represent, and will shall be denominated in an amount equal to the aggregate Stated Principal Amount (or in principal amount of, and shall have the case of Discount Notessame terms as, the aggregate Stated Principal Amount at the Expected Final Payment Date of such Notes) of the Outstanding outstanding Notes of such Series, Class or Tranche series to be represented by such Global Note or Notes, or such portion thereof as the Issuer will specify in an Issuer Certificate, (ii) in the case of Registered Notes, will shall be registered in the name of the Depository for such Global Note or Notes Depositary or its nominee, (iii) will shall be delivered by the Indenture Trustee or its agent to the Depository Depositary or pursuant to the Depository’s instruction, Depositary's instruction and (iv) if applicable, will shall bear a legend substantially to the following effect: “"This Note is a Global Note registered in the name of the Depositary (referred to herein) or a nominee thereof and, unless and until it is exchanged in whole for the individual Notes represented hereby as provided in the Indenture referred to below, this Global Note may not be transferred except as a whole by the Depositary to a nominee of the Depositary or by a nominee of the Depositary to the Depositary or another nominee of the Depositary or by the Depositary or any such nominee to a successor Depositary or a nominee of such successor Depositary. Unless this Global Note is presented by an authorized representative of The Depository Trust CompanyCompany (55 Xxxxx Xxxxxx, a New York corporation (“DTC”Xxx Xxxx, Xxx Xxxx), to the Issuer or its agent Trustee for registration of transfer, exchange or payment, and any Note certificate issued is registered in the name of Cede & Co. or in such other name as is requested by an authorized representative of DTC (The Depository Trust Company and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC)Co., any transfer, pledge or other use hereof for value or otherwise by or to any person is wrongful inasmuch as since the registered owner hereof, Cede & Co., has an interest herein” and (v) may bear " or such other legend as may be required by the Issuer, upon advice rules and regulations of counsel, deems to be applicablethe Depositary.

NOTES ISSUABLE IN THE FORM OF A GLOBAL NOTE. (a) If the Issuer Issuing Entity establishes pursuant to Sections 3.02 2.02 and 4.01 3.01 that the Notes of a particular Series, Class or Tranche are to be issued in whole or in part in the form of one or more Global Notes, then the Issuer Issuing Entity will execute and the Indenture Trustee or its agent will, in accordance with Section 4.03 3.03 and the Issuer Issuing Entity Certificate delivered to the Indenture Trustee or its agent thereunder, authenticate and deliver, such Global Note or Notes, which, unless otherwise provided in the applicable Indenture Supplement (i) will represent, and will be denominated in an amount equal to the aggregate Stated Principal Amount (or in the case of Discount Notes, the aggregate Stated Principal Amount at the Expected Final Scheduled Principal Payment Date of such Notes) of the Outstanding Notes of such Series, Class or Tranche to be represented by such Global Note or Notes, or such portion thereof as the Issuer Issuing Entity will specify in an Issuer Issuing Entity Certificate, (ii) in the case of Registered Notes, will be registered in the name of the Depository for such Global Note or Notes or its nominee, (iii) will be delivered by the Indenture Trustee or its agent to the Depository or pursuant to the Depository’s instruction, (iv) if applicable, will bear a legend substantially to the following effect: “Unless this Note is presented by an authorized representative of The Depository Trust Company, a New York corporation (“DTC”), to the Issuer Issuing Entity or its agent for registration of transfer, exchange or payment, and any Note issued is registered in the name of Cede & Co. or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), any transfer, pledge or other use hereof for value or otherwise by or to any person is wrongful inasmuch as the registered owner hereof, Cede & Co., has an interest herein” and (v) may bear such other legend as the IssuerIssuing Entity, upon advice of counsel, deems to be applicable.

NOTES ISSUABLE IN THE FORM OF A GLOBAL NOTE. (a) If the Issuer establishes pursuant to Sections Section 3.02 and Section 4.01 that the Notes of a particular Series, Series or Class or Tranche are to be issued in whole or in part in the form of one or more Global Notes, then the Issuer will execute and the Indenture Trustee or its agent will, in accordance with Section 4.03 and the Issuer Certificate delivered to the Indenture Trustee or its agent thereunder, authenticate and deliver, such Global Note or Notes, which, unless otherwise provided in the applicable Indenture Supplement (i) will represent, and will be denominated in an amount equal to the aggregate Stated Principal Amount (or in the case of Discount Notes, the aggregate Stated Principal Amount at the Expected Final Payment Date of such Notes) of the Outstanding Notes of such Series, Series or Class or Tranche to be represented by such Global Note or Notes, or such portion thereof as the Issuer will specify in an Issuer Certificate, (ii) in the case of Registered Notes, will be registered in the name of the Depository for such Global Note or Notes or its nominee, (iii) will be delivered by the Indenture Trustee or its agent to the Depository or pursuant to the Depository’s instruction, (iv) if applicable, will bear a legend substantially to the following effect: “Unless this Note is presented by an authorized representative of The Depository Trust Company, a New York corporation (“DTC”), to the Issuer or its agent for registration of transfer, exchange or payment, and any Note issued is registered in the name of Cede & Co. or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), any transfer, pledge or other use hereof for value or otherwise by or to any person is wrongful inasmuch as the registered owner hereof, Cede & Co., has an interest herein” and (v) may bear such other legend as the Issuer, upon advice of counsel, deems to be applicable.

NOTES ISSUABLE IN THE FORM OF A GLOBAL NOTE. (a) If the Issuer establishes Company shall establish pursuant to Sections 3.02 and 4.01 Section 2.05 hereof that the Notes of a particular Series, Class or Tranche series are to be issued in whole or in part in the form of one or more Global Notes, then the Issuer will Company shall execute and the Indenture Trustee or its agent willshall, in accordance with Section 4.03 2.05 hereof and the Issuer Certificate Company Order delivered to the Indenture Trustee or its agent thereunder, authenticate and deliver, deliver such Global Note or Notes, which, unless otherwise provided in the applicable Indenture Supplement which (i) will shall represent, and will shall be denominated in an amount equal to the aggregate Stated Principal Amount (or in principal amount of, and shall have the case of Discount Notessame terms as, the aggregate Stated Principal Amount at the Expected Final Payment Date of such Notes) of the Outstanding outstanding Notes of such Series, Class or Tranche series to be represented by such Global Note or Notes, or such portion thereof as the Issuer will specify in an Issuer Certificate, (ii) in the case of Registered Notes, will shall be registered in the name of the Depository for such Global Note or Notes Depositary or its nominee, (iii) will shall be delivered by the Indenture Trustee or its agent to the Depository Depositary or pursuant to the Depository’s instruction, Depositary's instruction and (iv) if applicable, will shall bear a legend substantially to the following effect: “"This Note is a Global Note registered in the name of the Depositary (referred to herein) or a nominee thereof and, unless and until it is exchanged in whole for the individual Notes represented hereby as provided in the Indenture referred to below, this Global Note may not be transferred except as a whole by the Depositary to a nominee of the Depositary or by a nominee of the Depositary to the Depositary or another nominee of the Depositary or by the Depositary or any such nominee to a successor Depositary or a nominee of such successor Depositary. Unless this Global Note is presented by an authorized representative of The Depository Trust CompanyCompany (55 Xxxxx Xxxxxx, a New York corporation (“DTC”Xxx Xxxx, Xxx Xxxx), to the Issuer or its agent Trustee for registration of transfer, exchange or payment, and any Note certificate issued is registered in the name of Cede & Co. or in such other name as is requested by an authorized representative of DTC (The Depository Trust Company and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC)Co., any transfer, pledge or other use hereof for value or otherwise by or to any person is wrongful inasmuch as since the registered owner hereof, Cede & Co., has an interest herein” and (v) may bear " or such other legend as may be required by the Issuer, upon advice rules and regulations of counsel, deems to be applicablethe Depositary.

NOTES ISSUABLE IN THE FORM OF A GLOBAL NOTE. (a) If the Issuer establishes pursuant to Sections 3.02 2.02 and 4.01 3.01 that the Notes of a particular Series, Series or Class or Tranche are to be issued in whole or in part in the form of one or more Global Notes, then the Issuer will shall execute and the Indenture Trustee or its agent willshall, in accordance with Section 4.03 3.03 and the Issuer Certificate delivered to the Indenture Trustee or its agent thereunder, authenticate and deliver, such Global Note or Notes, which, unless otherwise provided in the applicable Indenture Supplement (i) will shall represent, and will shall be denominated in an amount equal to the aggregate Stated Principal Amount (or in the case of Discount Notes, the aggregate Stated Principal Amount at the Expected Scheduled Final Payment Date of such Notes) of the Outstanding Notes of such Series, Series or Class or Tranche to be represented by such Global Note or Notes, or such portion thereof as the Issuer will shall specify in an Issuer Certificate, (ii) in the case of Registered Notes, will shall be registered in the name of the Depository for such Global Note or Notes or its nominee, (iii) will shall be delivered by the Indenture Trustee or its agent to the Depository or pursuant to the Depository’s 's instruction, (iv) if applicable, will shall bear a legend substantially to the following effect: “"Unless this Note is presented by an authorized representative of The Depository Trust Company, a New York corporation (“"DTC”"), to the Issuer or its agent for registration of transfer, exchange or payment, and any Note note issued is registered in the name of Cede & Co. or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), any transfer, pledge or other use hereof for value or otherwise by or to any person is wrongful inasmuch as the registered owner hereof, Cede & Co., has an interest herein” " and (v) may bear such other legend as the Issuer, upon advice of counsel, deems to be applicable.

NOTES ISSUABLE IN THE FORM OF A GLOBAL NOTE. (a) If the Issuer establishes pursuant to Sections 3.02 2.02 and 4.01 3.01 that the Notes of a particular Series, Class series or Tranche class are to be issued in whole or in part in the form of one or more Global Notes, then the Issuer will shall execute and the Indenture Trustee or its agent willshall, in accordance with Section 4.03 3.03 and the Issuer Certificate delivered to the Indenture Trustee or its agent thereunder, authenticate and deliver, such Global Note or Notes, which, unless otherwise provided in the applicable Indenture Supplement (i) will shall represent, and will shall be denominated in an amount equal to the aggregate Stated Principal Amount (or in the case of Discount Notes, the aggregate Stated Principal Amount at the Expected Final Principal Payment Date of such Notes) of the Outstanding Notes of such Series, Class series or Tranche class to be represented by such Global Note or Notes, or such portion thereof as the Issuer will shall specify in an Issuer Certificate, (ii) in the case of Registered Notes, will shall be registered in the name of the Depository for such Global Note or Notes or its nominee, (iii) will shall be delivered by the Indenture Trustee or its agent to the Depository or pursuant to the Depository’s instruction, (iv) if applicable, will shall bear a legend substantially to the following effect: “Unless this Note is presented by an authorized representative of The Depository Trust Company, a New York corporation (“DTC”), to the Issuer or its agent for registration of transfer, exchange or payment, and any Note note issued is registered in the name of Cede & Co. or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), any transfer, pledge or other use hereof for value or otherwise by or to any person is wrongful inasmuch as the registered owner hereof, Cede & Co., has an interest herein” and (v) may bear such other legend as the Issuer, upon advice of counsel, deems to be applicable.

NOTES ISSUABLE IN THE FORM OF A GLOBAL NOTE. (a) If the Issuer Issuing Entity establishes pursuant to Sections 3.02 2.02 and 4.01 3.01 that the Notes of a particular Series, Series or Class or Tranche are to be issued in whole or in part in the form of one or more Global Notes, then the Issuer Issuing Entity will execute and the Indenture Trustee or its agent will, in accordance with Section 4.03 3.03 and the Issuer Issuing Entity Certificate delivered to the Indenture Trustee or its agent thereunder, authenticate and deliver, such Global Note or Notes, which, unless otherwise provided in the applicable Indenture Supplement (i) will represent, and will be denominated in an amount equal to the aggregate Stated Principal Amount (or in the case of Discount Notes, the aggregate Stated Principal Amount at the Expected Final Payment Principal Distribution Date of such Notes) of the Outstanding Notes of such Series, Series or Class or Tranche to be represented by such Global Note or Notes, or such portion thereof as the Issuer Issuing Entity will specify in an Issuer Issuing Entity Certificate, (ii) in the case of Registered Notes, will be registered in the name of the Depository for such Global Note or Notes or its nominee, (iii) will be delivered by the Indenture Trustee or its agent to the Depository or pursuant to the Depository’s instruction, (iv) if applicable, will bear a legend substantially to the following effect: “Unless this Note is presented by an authorized representative of The Depository Trust Company, a New York corporation (“DTC”), to the Issuer Issuing Entity or its agent for registration of transfer, exchange or payment, and any Note note issued is registered in the name of Cede & Co. or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), any transfer, pledge or other use hereof for value or otherwise by or to any person is wrongful inasmuch as the registered owner hereof, Cede & Co., has an interest herein” and (v) may bear such other legend as the IssuerIssuing Entity, upon advice of counsel, deems to be applicable.

NOTES ISSUABLE IN THE FORM OF A GLOBAL NOTE. (a) If the Issuer establishes pursuant to Sections 3.02 202 and 4.01 301 that the Notes of a particular Seriesseries, Class class or Tranche tranche are to be issued in whole or in part in the form of one or more Global Notes, then the Issuer will execute and the Indenture Trustee or its agent will, in accordance with Section 4.03 303 and the Issuer Certificate delivered to the Indenture Trustee or its agent thereunder, authenticate and deliver, such Global Note or Notes, which, unless otherwise provided in the applicable Indenture Supplement (i) will represent, and will be denominated in an amount equal to the aggregate Stated Principal Amount (or in the case of Discount Notes, the aggregate Stated Principal Amount at the Expected Final Principal Payment Date of such Notes) of the Outstanding Notes of such Seriesseries, Class class or Tranche tranche to be represented by such Global Note or Notes, or such portion thereof as the Issuer will specify in an Issuer Certificate, (ii) in the case of Registered Notes, will be registered in the name of the Depository for such Global Note or Notes or its nominee, (iii) will be delivered by the Indenture Trustee or its agent to the Depository or pursuant to the Depository’s instruction, (iv) if applicable, will bear a legend substantially to the following effect: “Unless this Note is presented by an authorized representative of The Depository Trust Company, a New York corporation (“DTC”), to the Issuer or its agent for registration of transfer, exchange or payment, and any Note note issued is registered in the name of Cede & Co. or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), any transfer, pledge or other use hereof for value or otherwise by or to any person is wrongful inasmuch as the registered owner hereof, Cede & Co., has an interest herein” and (v) may bear such other legend as the Issuer, upon advice of counsel, deems to be applicable.

NOTES ISSUABLE IN THE FORM OF A GLOBAL NOTE. (a) If the Issuer establishes pursuant to Sections 3.02 and 4.01 that the Notes of a particular Series, Class or Tranche are to be issued in whole or in part in the form of one or more Global Notes, then the Issuer will execute and the Indenture Trustee or its agent will, in accordance with Section 4.03 and the Issuer Certificate delivered to the Indenture Trustee or its agent thereunder, authenticate and deliver, such Global Note or Notes, which, unless otherwise provided in the applicable Indenture Supplement (i) will represent, and will be denominated in an amount equal to the aggregate Stated Principal Amount (or in the case of Discount Notes, the aggregate Stated Principal Amount at the Expected Final Payment Date of such Notes) of the Outstanding Notes of such Series, Class or Tranche to be represented by such Global Note or Notes, or such portion thereof as the Issuer will specify in an Issuer Certificate, (ii) in the case of Registered Notes, will be registered in the name of the Depository for such Global Note or Notes or its nominee, (iii) will be delivered by the Indenture Trustee or its agent to the Depository or pursuant to the Depository’s instruction, (iv) if applicable, will bear a legend substantially to the following effect: (A) “Unless this Note is presented by an authorized representative of The Depository Trust Company, a New York corporation (“DTC”), to the Issuer Evergreen Credit Card Trust (the “Issuer”) or its agent for registration of transfer, exchange or payment, and any Note issued is registered in the name of Cede & Co. or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), any transfer, pledge or other use hereof for value or otherwise by or to any person is wrongful inasmuch as the registered owner hereof, Cede & Co., has an interest herein” ”, or (B) “Unless this Note is presented by an authorized representative of CDS Clearing and Depository Services Inc. (“CDS”), to the Issuer or its agent for registration of transfer, exchange or payment, and any Note issued is registered in the name of CDS & Co. or in such other name as is requested by an authorized representative of CDS (and any payment is made to CDS & Co. or to such other entity as is requested by an authorized representative of CDS), any transfer, pledge or other use hereof for value or otherwise by or to any person is wrongful since the registered owner hereof, CDS & Co., has a property interest in the securities represented by this note herein and it is a violation of its rights for another person to hold, transfer or deal with this note”, and (v) may bear such other legend as the Issuer, upon advice of counsel, deems to be applicable.

NOTES ISSUABLE IN THE FORM OF A GLOBAL NOTE. (a) If the Issuer establishes pursuant to Sections 3.02 202 and 4.01 301 that the Notes of a particular Seriesseries, Class class or Tranche tranche are to be issued in whole or in part in the form of one or more Global Notes, then the Issuer will execute and the Indenture Trustee or its agent will, in accordance with Section 4.03 303 and the Issuer Certificate delivered to the Indenture Trustee or its agent thereunder, authenticate and deliver, such Global Note or Notes, which, unless otherwise provided in the applicable Indenture Supplement terms document (i) will represent, and will be denominated in an amount equal to the aggregate Stated Principal Amount stated principal amount (or in the case of Discount Notes, the aggregate Stated Principal Amount stated principal amount at the Expected Final Principal Payment Date of such Notes) of of, the Outstanding Notes of such Seriesseries, Class class or Tranche tranche to be represented by such Global Note or Notes, or such portion thereof as the Issuer will specify in an Issuer Certificate, (ii) in the case of Registered Notes, will be registered in the name of the Depository for such Global Note or Notes or its nominee, (iii) will be delivered by the Indenture Trustee or its agent to the Depository or pursuant to the Depository’s instruction, (iv) if applicable, will bear a legend substantially to the following effect: “Unless this Note is presented by an authorized representative of The Depository Trust Company, a New York corporation (“DTC”), to the Issuer or its agent for registration of transfer, exchange or payment, and any Note note issued is registered in the name of Cede & Co. or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), any transfer, pledge or other use hereof for value or otherwise by or to any person is wrongful inasmuch as the registered owner hereof, Cede & Co., has an interest herein” and (v) may bear such other legend as the Issuer, upon advice of counsel, deems to be applicable.