o Check if Transfer is Pursuant to Other Exemption. (i) The Transfer is being effected pursuant to and in compliance with an exemption from the registration requirements of the Securities Act other than Rule 144, Rule 903 or Rule 904 and in compliance with the transfer restrictions contained in the Indenture and any applicable blue sky securities laws of any state of the United States and (ii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act. Upon consummation of the proposed Transfer in accordance with the terms of the Indenture, the transferred beneficial interest or Definitive Note will not be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the Restricted Global Notes or Restricted Definitive Notes and in the Indenture. This certificate and the statements contained herein are made for your benefit and the benefit of the Company. [Insert Name of Transferor] By: Name: Title: Dated: 1. The Transferor owns and proposes to transfer the following: (a) o a beneficial interest in the: (i) o 144A Global Note (CUSIP ), or (ii) o Regulation S Global Note (CUSIP ), or (iii) o IAI Global Note (CUSIP ); or (b) a Restricted Definitive Note. 2. After the Transfer the Transferee will hold: (a) a beneficial interest in the: (i) o 144A Global Note (CUSIP ), or (ii) o Regulation S Global Note (CUSIP ), or (iii) o IAI Global Note (CUSIP ); or (iv) o Unrestricted Global Note (CUSIP ); or (b) o a Restricted Definitive Note; or (c) o an Unrestricted Definitive Note, in accordance with the terms of the Indenture. FiberTower Corporation 000 Xxxxx Xxxxxx, Suite 4800 San Francisco, CA 94107 Xxxxx Fargo Bank, National Association Corporate Trust Services 0000 Xxxx Xxxxxx, 2nd Floor Dallas, TX 75202-2812 Re: 9.00% Senior Secured Notes due 20[ ] (CUSIP ) Reference is hereby made to the Indenture, dated as of November 9, 2006 (the “Indenture”), among FiberTower Corporation, as issuer (the “Company”), the Guarantors party thereto, and Xxxxx Fargo Bank, National Association, as Trustee. Capitalized terms used but not defined herein shall have the meanings given to them in the Indenture. , (the “Owner”) owns and proposes to exchange the Note[s] or interest in such Note[s] specified herein, in the principal amount of $ in such Note[s] or interests (the “Exchange”). In connection with the Exchange, the Owner hereby certifies that:
Appears in 3 contracts
Samples: Indenture (FiberTower CORP), Indenture (FiberTower CORP), Indenture (FiberTower CORP)
o Check if Transfer is Pursuant to Other Exemption. (i) The Transfer is being effected pursuant to and in compliance with an exemption from the registration requirements of the Securities Act other than Rule 144, Rule 903 or Rule 904 and in compliance with the transfer restrictions contained in the Indenture and any applicable blue sky securities laws of any state of the United States and (ii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act. Upon consummation of the proposed Transfer in accordance with the terms of the Indenture, the transferred beneficial interest or Definitive Note will not be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the Restricted Global Notes or Restricted Definitive Notes and in the Indenture. This certificate and the statements contained herein are made for your benefit and the benefit of the Company. [Insert Name of Transferor] By: Name: Title: Dated:
1. The Transferor owns and proposes to transfer the following:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
(b) a Restricted Definitive Note.
2. After the Transfer the Transferee will hold:
(a) a beneficial interest in the:
(i) o 144A Global Note (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
(iv) o Unrestricted Global Note (CUSIP ); or
(b) o a Restricted Definitive Note; or
(c) o an Unrestricted Definitive Note, in accordance with the terms of the Indenture. FiberTower Corporation 000 Xxxxx Xxxxxx, Suite 4800 San Francisco, CA 94107 Xxxxx Fargo Bank, National Association Corporate Trust Services 0000 Xxxx Xxxxxx, 2nd Floor Dallas, TX 75202-2812 Re: 9.00% Mandatorily Redeemable Convertible Senior Secured Notes due 20[ ] 2012 (CUSIP ) Reference is hereby made to the Indenture, dated as of November 9, 2006 2009 (the “Indenture”), among FiberTower Corporation, as issuer (the “Company”), the Guarantors party thereto, and Xxxxx Fargo Bank, National Association, as Trustee. Capitalized terms used but not defined herein shall have the meanings given to them in the Indenture. , (the “Owner”) owns and proposes to exchange the Note[s] or interest in such Note[s] specified herein, in the principal amount of $ in such Note[s] or interests (the “Exchange”). In connection with the Exchange, the Owner hereby certifies that:
Appears in 3 contracts
Samples: Indenture (FiberTower CORP), Indenture (FiberTower CORP), Indenture (FiberTower CORP)
o Check if Transfer is Pursuant to Other Exemption. (i) The Transfer is being effected pursuant to and in compliance with an exemption from the registration requirements of the Securities Act other than Rule 144, Rule 903 or Rule 904 and in compliance with the transfer restrictions contained in the Indenture and any applicable blue sky securities laws of any state State of the United States and (ii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act. Upon consummation of the proposed Transfer in accordance with the terms of the Indenture, the transferred beneficial interest or Definitive Note Security will not be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the Restricted Global Notes Securities or Restricted Definitive Notes Securities and in the Indenture. This certificate and the statements contained herein are made for your benefit and the benefit of the Company. Dated: [Insert Name of Transferor] By: Name: Title: Dated:
1. The Transferor owns and proposes proposed to transfer the following: [CHECK ONE OF (a) OR (b)]
(a) o a beneficial interest in the:
(i) o 144A Global Security (CUSIP ), or
(ii) o Regulation S Global Security (CUSIP ), or
(b) o a Restricted Definitive Security.
2. After the transfer the Transferee will hold:
(a) o a beneficial interest in the:
(i) o 144A Global Note Security (CUSIP ), or
(ii) o Regulation S Global Note Security (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
(b) a Restricted Definitive Note.
2. After the Transfer the Transferee will hold:
(a) a beneficial interest in the:
(i) o 144A Global Note (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
(iv) o Unrestricted Global Note Security (CUSIP ); or
(b) o a Restricted Definitive NoteSecurity; or
(c) o an Unrestricted Definitive NoteSecurity, in accordance with the terms of the Indenture. FiberTower Corporation 000 Tyco International Finance S.A. 00 Xxxxxx xx xx Xxxxx Xxxxxx, Suite 4800 San Francisco, CA 94107 Xxxxx Fargo Bank, National Association Corporate Trust Services 0000 Xxxx Xxxxxx, 2nd Floor Dallas, TX 75202-2812 X-0000 Xxxxxxxxxx Attention: The Managing Directors [Address of Trustee] Re: 9.00% Senior Secured Notes due 20[ [insert description of the Securities] (CUSIP ) Ladies and Gentlemen, Reference is hereby made to the Indenture, dated as of November 9, 2006 (the “Indenture”), among FiberTower CorporationTyco International Finance S.A., as issuer a Luxembourg company (the “Company”), the Guarantors party theretoTyco International Ltd., a Bermuda company (“Parent”), and Xxxxx Fargo Bank, National Associationa , as trustee (the “Trustee”) [as supplemented by that certain supplemental indenture dated as of ][and the Board Resolution adopted ] (together, the “Indenture”). Capitalized terms used but not defined herein shall have the meanings given to them in the Indenture. , (the “Owner”) owns and proposes to exchange transfer the Note[sSecurity or Securities or interest[s] or interest in such Note[s] Security or Securities specified herein, in the principal amount of $ in such Note[sSecurity or Securities or interest[s] or interests (the “Exchange”). In connection with the ExchangeTransfer, the Owner Transferor hereby certifies that:
Appears in 2 contracts
Samples: Indenture (Tyco International Finance S.A.), Indenture (Tyco International Finance S.A.)
o Check if Transfer is Pursuant to Other Exemption. (i) The Transfer is being effected pursuant to and in compliance with an exemption from the registration requirements of the Securities Act other than Rule 144, Rule 903 or Rule 904 and in compliance with the transfer restrictions contained in the Indenture and any applicable blue sky securities laws of any state State of the United States and (ii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act. Upon consummation of the proposed Transfer in accordance with the terms of the Indenture, the transferred beneficial interest or Definitive Note Security will not be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the Restricted Global Notes Securities or Restricted Definitive Notes Securities and in the Indenture. This certificate and the statements contained herein are made for your benefit and the benefit of the Company. [Insert Name of Transferor] By: Name: Title: Dated:
1. The Transferor owns and proposes to transfer the following:
(a) o a beneficial interest in the:
(i) o 144A Global Note Security (CUSIP CUSIP/ISIN ), or
(ii) o Regulation S Global Note Security (CUSIP CUSIP/ISIN ), or
(iiib) o IAI Global Note (CUSIP ); or
(b) a Restricted Definitive NoteSecurity.
2. After the Transfer the Transferee will hold:
(a) o a beneficial interest in the:
(i) o 144A Global Note Security (CUSIP CUSIP/ISIN ), or
(ii) o Regulation S Global Note Security (CUSIP CUSIP/ISIN ), or
(iii) o IAI Global Note (CUSIP ); or
(iv) o Unrestricted Global Note Security (CUSIP CUSIP/ISIN ); , or
(b) o a Restricted Definitive NoteSecurity; or
(c) o an Unrestricted Definitive NoteSecurity, in accordance with the terms of the Indenture. FiberTower Corporation 000 Xxxxx Xxxxx-Xxxxxxxx Glass Container Inc. One SexXxxx Xxxxxx, Suite 4800 San Francisco, CA 94107 Xxxxx Fargo Bank, National Association Corporate Trust Services 0000 Xxxx Xxxxxx, 2nd Floor Dallas, TX 75202-2812 Re00000 Attention: 9.00% Senior Secured Notes due 20[ ] (CUSIP ) Treasurer Reference is hereby made to the Indenture, dated as of November 9May 6, 2006 2003 (the “Indenture”), by and among FiberTower CorporationXxxxx-Xxxxxxxx Glass Container Inc., as issuer (the “Company”), the Guarantors party thereto, and Xxxxx Fargo Bank, U.S. Bank National Association, as Trusteetrustee. Capitalized terms used but not defined herein shall have the meanings given to them in the Indenture. , (the “Owner”) owns and proposes to exchange the Note[s] or interest in such Note[s] specified herein, in the principal amount of $ in such Note[s] or interests (the “Exchange”). In connection with the Exchange, the Owner hereby certifies that:
1. Exchange of Restricted Definitive Securities or Beneficial Interests in a Restricted Global Security for Unrestricted Definitive Securities or Beneficial Interests in an Unrestricted Global Security
(a) o Check if Exchange is from beneficial interest in a
Appears in 2 contracts
Samples: Indenture (Owens Illinois Inc /De/), Indenture (Owens Illinois Group Inc)
o Check if Transfer is Pursuant to Other Exemption. (i) The Transfer is being effected pursuant to and in compliance with an exemption from the registration requirements of the Securities Act other than Rule 144, Rule 903 or Rule 904 and in compliance with the transfer restrictions contained in the Indenture and any applicable blue sky securities laws of any state State of the United States and (ii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act. Upon consummation of the proposed Transfer in accordance with the terms of the Indenture, the transferred beneficial interest or Definitive Note will not be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the Restricted Global Notes or Restricted Definitive Notes and in the Indenture. This certificate and the statements contained herein are made for your benefit and the benefit of the CompanyIssuers. [Insert Name of Transferor] By: Name: Title: Dated:
1. The Transferor owns and proposes to transfer the following:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
(b) o a Restricted Definitive Note.
2. After the Transfer the Transferee will hold:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
(iv) o Unrestricted Global Note (CUSIP ); or
(b) o a Restricted Definitive Note; or
(c) o an Unrestricted Definitive Note, in accordance with the terms of the Indenture. FiberTower Corporation 000 Interface Security Systems Holdings, Inc. Interface Security Systems, L.L.C. 0000 Xxxxxxxxx Xxxxxx Xxxxx XxxxxxXxxxx Xxxx, Suite 4800 San Francisco, CA 94107 Xxxxxxxx 00000 Attention: Chief Financial Officer Xxxxx Fargo Bank, National Association N.A. 000 X. Xxxxx Xxxx Xxxxx, Suite 1750 Dallas, Texas 75201 Attention: Corporate Trust Services 0000 Xxxx Xxxxxx, 2nd Floor Dallas, TX 75202-2812 Re: 9.009 ¼ % Senior Secured Notes due 20[ ] (CUSIP ) 2018 Reference is hereby made to the Indenture, dated as of November 9January 18, 2006 2013 (the “Indenture”), among FiberTower CorporationInterface Security Systems Holdings, as issuer Inc., a Delaware corporation (“Holdings”) and Interface Security Systems, L.L.C., a Louisiana limited liability company (the “Company” and together with Holdings, the “Issuers”), the Guarantors from time to time party thereto, thereto and Xxxxx Fargo Bank, National AssociationN.A., as TrusteeTrustee and as Collateral Agent. Capitalized terms used but not defined herein shall have the meanings given to them in the Indenture. , (the “Owner”) owns and proposes to exchange the Note[s] or interest in such Note[s] specified herein, in the principal amount of $ in such Note[s] or interests (the “Exchange”). In connection with the Exchange, the Owner hereby certifies that:
Appears in 2 contracts
Samples: Indenture (Interface Security Systems, L.L.C.), Indenture (Interface Security Systems Holdings Inc)
o Check if Transfer is Pursuant to Other Exemption. (i) The Transfer is being effected pursuant to and in compliance with an exemption from the registration requirements of the Securities Act other than Rule 144, Rule 903 144 or Rule 904 and in compliance with the transfer restrictions contained in the Indenture and any applicable blue sky securities laws of any state of the United States and (ii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act. Upon consummation of the proposed Transfer in accordance with the terms of the Indenture, the transferred beneficial interest or Definitive Note Security will not be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the Restricted Global Notes Securities or Restricted Definitive Notes Securities and in the Indenture. This certificate and the statements contained herein are made for your benefit and the benefit of the CompanyCompany and the Guarantor. [Insert Name of Transferor] By: Name: Title: Dated:: ,
1. The Transferor owns and proposes to transfer the following:: [CHECK ONE OF (a) OR (b)]
(a) o a beneficial interest in the:
(i) o 144A a Global Note Security (CUSIP [ ]), or
(iib) o Regulation S Global Note (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
(b) a Restricted Definitive NoteSecurity (CUSIP [ ]).
2. After the Transfer the Transferee will hold:: [CHECK ONE]
(a) o a beneficial interest in the:
(i) o 144A a Global Note Security (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
(iv) o Unrestricted Global Note (CUSIP [ ]); or
(b) o a Restricted Definitive NoteSecurity (CUSIP [ ]); or
(c) o an Unrestricted Definitive NoteSecurity (CUSIP [ ]), in accordance with the terms of the Indenture. FiberTower Corporation Xxxxxx Industries, Inc. 000 Xxxx Xxxxxx Xxxx, Xxxxx Xxxxxx0000 Xxxxxxx, Suite 4800 San Francisco, CA 94107 Xxxxx Fargo Bank00000 Attention: General Counsel Wilmington Trust, National Association Corporate Trust Services Xxxxxx Square North 0000 Xxxx X. Xxxxxx Xxxxxx Xxxxxxxxxx, Xxxxxxxx 00000 Attention: W. Xxxxxx Xxxxxx, 2nd Floor DallasII Citibank, TX 75202-2812 N.A. 000 Xxxxxxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxx Xxxx Re: 9.00[2.350% Senior Secured Notes due 20[ ] (2016 CUSIP 629568 AY2(1) Reference is hereby made to the Indenture, dated as of November 9, 2006 (the “Indenture”), among FiberTower Corporation, as issuer (the “Company”), the Guarantors party thereto, and Xxxxx Fargo Bank, National Association, as Trustee. Capitalized terms used but not defined herein shall have the meanings given to them in the Indenture. , (the “Owner”CUSIP U6295Y AF0(2) owns and proposes to exchange the Note[s] or interest in such Note[s] specified herein, in the principal amount of $ in such Note[s] or interests (the “Exchange”). In connection with the Exchange, the Owner hereby certifies that:or
Appears in 1 contract
Samples: Indenture (Nabors Industries LTD)
o Check if Transfer is Pursuant to Other Exemption. (i) The Transfer is being effected pursuant to and in compliance with an exemption from the registration requirements of the Securities Act other than Rule 144, Rule 903 or Rule 904 and in compliance with the transfer restrictions contained in the Indenture and any applicable blue sky securities laws of any state State of the United States and (ii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act. Upon consummation of the proposed Transfer in accordance with the terms of the Indenture, the transferred beneficial interest or Definitive Note will not be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the Restricted Global Notes or Restricted Definitive Notes and in the Indenture. This certificate and the statements contained herein are made for your benefit and the benefit of the CompanyIssuer. __________________________________ [Insert Name of Transferor] By: :____________________________ Name: Title: Dated:: _______________________
1. The Transferor owns and proposes to transfer the following:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP _________), or
(ii) o Regulation S Global Note (CUSIP _________), or
(iii) o IAI Global Note (CUSIP _________); or
(b) o a Restricted Definitive Note.
2. After the Transfer the Transferee will hold:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP _________), or
(ii) o Regulation S Global Note (CUSIP _________), or
(iii) o IAI Global Note (CUSIP _________); or
(iv) o Unrestricted Global Note (CUSIP _________); or
(b) o a Restricted Definitive Note; or
(c) o an Unrestricted Definitive Note, in accordance with the terms of the Indenture. FiberTower Corporation Iron Mountain Nova Scotia Funding Company c/o Iron Mountain Incorporated 000 Xxxxx Xxxxxxxx Xxxxxx Xxxxxx, Suite 4800 San Francisco, CA 94107 Xxxxx Fargo Bank, National Association Corporate Trust Services 0000 Xxxx Xxxxxx, 2nd Floor Dallas, TX 75202-2812 Xxxxxxxxxxxxx 00000 Attention: Chief Financial Officer [Registrar address block] Re: 9.00% Iron Mountain Nova Scotia Funding Company 7½% Senior Secured Subordinated Notes due 20[ ] 2017 (CUSIP ____________) Reference is hereby made to the Senior Subordinated Indenture, dated as of November 9December 30, 2006 2002, between Iron Mountain Incorporated and the Bank of New York Trust Company, N.A., as successor trustee (the “Trustee”) (the “Base Indenture” and as supplemented by the Sixth Supplemental Indenture, dated as of March 15, 2007, by and among Iron Mountain Nova Scotia Funding Company (the “Issuer”), the Guarantors party thereto and the Trustee (the “Indenture”), among FiberTower Corporation, as issuer () and the “Company”), the Guarantors party thereto, and Xxxxx Fargo Bank, National Association, as TrusteeIndenture. Capitalized terms used but not defined herein shall have the meanings given to them in the Indenture. __________________________, (the “Owner”) owns and proposes to exchange the Note[s] or interest in such Note[s] specified herein, in the principal amount of $ $____________ in such Note[s] or interests (the “Exchange”). In connection with the Exchange, the Owner hereby certifies that:
Appears in 1 contract
o Check if Transfer is Pursuant to Other Exemption. (i) The Transfer is being effected pursuant to and in compliance with an exemption from the registration requirements of the Securities Act other than Rule 144, Rule 903 or Rule 904 and in compliance with the transfer restrictions contained in the Indenture and any applicable blue sky securities laws of any state State of the United States and (ii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act. Upon consummation of the proposed Transfer in accordance with the terms of the Indenture, the transferred beneficial interest or Definitive Note will not be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the Restricted Global Notes or Restricted Definitive Notes and in the Indenture. This certificate and the statements contained herein are made for your benefit and the benefit of the CompanyIssuer. [Insert Name of Transferor] By: Name: Title: Dated:
1. The Transferor owns and proposes to transfer the following:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP ___________), or
(ii) o Regulation S Global Note (CUSIP ___________), or
(iii) o IAI Global Note (CUSIP ___________), or
(iv) o Unrestricted Global Note (CUSIP ___________); or
(b) o a Restricted Definitive Note.
2. After the Transfer the Transferee will hold:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP ___________), or
(ii) o Regulation S Global Note (CUSIP ___________), or
(iii) o IAI Global Note (CUSIP ); or
(iv) o Unrestricted Global Note (CUSIP ___________); or
(b) o a Restricted Definitive Note; or
(c) o an Unrestricted Definitive Note, in accordance with the terms of the Indenture. FiberTower Corporation Horsehead Holding Corp. 0000 Xxxxxxxxxxxx Xxxx Xxxxx 000 Xxxxx Xxxxxxxxxx, Xxxxxxxxxxxx 00000 U.S. Bank National Association 000 Xxxx Xxxxxx, Suite 4800 San FranciscoXxxxx 0000 Xxx Xxxx, CA 94107 Xxxxx Fargo Bank, National Association Xxx Xxxx 00000 Attention. Global Corporate Trust Services 0000 Xxxx Xxxxxx, 2nd Floor Dallas, TX 75202-2812 Re: 9.00% Senior Secured Notes due 20[ ] 2017 (CUSIP the “Notes”) of Horsehead Holding Corp. Reference is hereby made to the Indenture, dated as of November 9July 29, 2006 2014 (the “Indenture”), among FiberTower CorporationHorsehead Holding Corp., as issuer a Delaware corporation (the “CompanyIssuer”), the Guarantors party thereto, subsidiary guarantors named therein and Xxxxx Fargo Bank, U.S. Bank National Association, as Trusteetrustee. Capitalized terms used but not defined herein shall have the meanings given to them in the Indenture. __________________, (the “Owner”) owns and proposes to exchange the Note[s] or interest in such Note[s] specified herein, in the principal amount of $ $_________ in such Note[s] or interests (the “Exchange”). In connection with the Exchange, the Owner hereby certifies that:
1. Exchange of Restricted Definitive Notes or Beneficial Interests in a Restricted Global Note for Unrestricted Definitive Notes or Beneficial Interests in an Unrestricted Global Note:
(a) o Check if Exchange is from beneficial interest in a Restricted Global Note to beneficial interest in an Unrestricted Global Note. In connection with the Exchange of the Owner’s beneficial interest in a Restricted Global Note for a beneficial interest in an Unrestricted Global Note in an equal principal amount, the Owner hereby certifies (i) the beneficial interest is being acquired for the Owner’s own account without transfer, (ii) such Exchange has been effected in compliance with the transfer restrictions applicable to the Global Notes and pursuant to and in accordance with the Securities Act of 1933, as amended (the “Securities Act”), (iii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act and (iv) the beneficial interest in an Unrestricted Global Note is being acquired in compliance with any applicable blue sky securities laws of any state of the United States.
(b) o Check if Exchange is from beneficial interest in a
Appears in 1 contract
Samples: Indenture (Horsehead Holding Corp)
o Check if Transfer is Pursuant to Other Exemption. (i) The Transfer is being effected pursuant to and in compliance with an exemption from the registration requirements of the Securities Act other than Rule 144, Rule 903 or Rule 904 and in compliance with the transfer restrictions contained in the Indenture and any applicable blue sky securities laws of any state State of the United States and (ii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act. Upon consummation of the proposed Transfer in accordance with the terms of the Indenture, the transferred beneficial interest or Definitive Note Security will not be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the Restricted Global Notes Securities or Restricted Definitive Notes Securities and in the Indenture. This certificate and the statements contained herein are made for your benefit and the benefit of the Company. Dated: [Insert Name of Transferor] By: Name: Title: Dated:
1. The Transferor owns and proposes proposed to transfer the following: [CHECK ONE OF (a) OR (b)]
(a) o a beneficial interest in the:
(i) o 144A Global Security (CUSIP ), or
(ii) o Regulation S Global Security (CUSIP ), or
(b) o a Restricted Definitive Security.
2. After the transfer the Transferee will hold:
(a) o a beneficial interest in the:
(i) o 144A Global Note Security (CUSIP ), or
(ii) o Regulation S Global Note Security (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
(b) a Restricted Definitive Note.
2. After the Transfer the Transferee will hold:
(a) a beneficial interest in the:
(i) o 144A Global Note (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
(iv) o Unrestricted Global Note Security (CUSIP ); or
(b) o a Restricted Definitive NoteSecurity; or
(c) o an Unrestricted Definitive NoteSecurity, in accordance with the terms of the Indenture. FiberTower Corporation 000 Xxxxx Xxxxxx, Suite 4800 San Francisco, CA 94107 Xxxxx Fargo Bank, National Association Corporate Trust Services 0000 Xxxx Xxxxxx, 2nd Floor Dallas, TX 75202-2812 Tyco International Finance S.A. 00 Xxx Xxxxxxx Martel L-2134 Luxembourg Attention: The Managing Directors [Trustee] [Address of Trustee] Re: 9.006 7/8% Senior Secured Notes due 20[ ] (CUSIP ) 2021 Ladies and Gentlemen, Reference is hereby made to the Indenture, dated as of November June 9, 2006 (the “Indenture”)1998, among FiberTower CorporationTyco International Finance S.A., as issuer a Luxembourg company (the “Company”), the Guarantors party theretoTyco International Ltd., a Bermuda company (“Tyco”), and Xxxxx Fargo Bank, National Associationa , as trustee (the “Trustee”) (as amended and supplemented, the “Indenture”). Capitalized terms used but not defined herein shall have the meanings given to them in the Indenture. , (the “Owner”) owns and proposes to exchange the Note[sSecurity or Securities or interest[s] or interest in such Note[s] Security or Securities specified herein, in the principal amount of $ in such Note[sSecurity or Securities or interest[s] or interests (the “Exchange”). In connection with the Exchange, the Owner Transferor hereby certifies that:
Appears in 1 contract
Samples: Supplemental Indenture (Tyco International LTD /Ber/)
o Check if Transfer is Pursuant to Other Exemption. (i) The Transfer is being effected pursuant to and in compliance with an exemption from the registration requirements of the Securities Act other than Rule 144, Rule 903 or Rule 904 and in compliance with the transfer restrictions contained in the Indenture and any applicable blue sky securities laws of any state State of the United States and (ii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act. Upon consummation of the proposed Transfer in accordance with the terms of the Indenture, the transferred beneficial interest or Definitive Note will not be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the Restricted Global Notes or Restricted Definitive Notes and in the Indenture. This certificate and the statements contained herein are made for your benefit and the benefit of the Company. [Insert Name of Transferor] By: Name: Title: Dated:
1. The Transferor owns and proposes to transfer the following:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP [ · ]), or
(ii) o Regulation S Global Note (CUSIP [ · ]), or
(iiib) o IAI Global Note (CUSIP ); or
(b) a Restricted Definitive Note.
2. After the Transfer the Transferee will hold:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP [ · ]), or
(ii) o Regulation S Global Note (CUSIP [ · ]), or
(iii) o IAI Global Note (CUSIP ); or
(iv) o Unrestricted Global Note (CUSIP [ · ]); or
(b) o a Restricted Definitive Note; or
(c) o an Unrestricted Definitive Note, in accordance with the terms of the Indenture. FiberTower Corporation Xxxxx Energy Holdings, LLC Xxxxx Energy Finance Corp. 000 Xxx Xxxxx Xxxxxxx, Xxxxx 000 Xxxxxx, Xxxxx 00000 UMB Bank, N.A. 0000 Xxx Xxxxxx, Suite 4800 San Francisco870, CA 94107 Xxxxx Fargo BankHouston, National Association Texas 77056 Attention: Corporate Trust Services 0000 Xxxx Xxxxxx, 2nd Floor Dallas, TX 75202-2812 Officer Re: 9.009.250% Senior Secured First Lien Notes due 20[ ] 2023 (CUSIP [ ]) Reference is hereby made to the Indenture, dated as of November 9February 14, 2006 2018 (the “Indenture”), among FiberTower CorporationXxxxx Energy Holdings, as issuer LLC, a Delaware limited liability company (the “Company”), Xxxxx Energy Finance Corp., a Delaware corporation (“Finance Corp.” and together with the Company, the “Issuers”), Xxxxx Energy, Inc., a Delaware corporation (the “Parent”), the Subsidiary Guarantors party thereto, UMB Bank, N.A., as Trustee, and Xxxxx Fargo Bank, National Association, as TrusteeCollateral Agent. Capitalized terms used but not defined herein shall have the meanings given to them in the Indenture. , (the “Owner”) owns and proposes to exchange the Note[s] or interest in such Note[s] specified herein, in the principal amount of $ in such Note[s] or interests (the “Exchange”). In connection with the Exchange, the Owner hereby certifies that:
Appears in 1 contract
Samples: Indenture (Jones Energy, Inc.)
o Check if Transfer is Pursuant to Other Exemption. (i) The Transfer is being effected pursuant to and in compliance with an exemption from the registration requirements of the Securities Act other than Rule 144, Rule 903 or Rule 904 and in compliance with the transfer restrictions contained in the Indenture and any applicable blue sky securities laws of any state State of the United States and (ii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act. Upon consummation of the proposed Transfer in accordance with the terms of the Indenture, the transferred beneficial interest or Definitive Note will not be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the Restricted Global Notes or Restricted Definitive Notes and in the Indenture. This certificate and the statements contained herein are made for your benefit and the benefit of the Company. [Insert Name of Transferor] By: Name: Title: Dated:__________, ____
1. The Transferor owns and proposes to transfer the following:: [CHECK ONE OF (a) OR (b)]
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP ____), or
(ii) o Regulation S Global Note (CUSIP ____), or
(iiib) o IAI Global Note (CUSIP ); or
(b) a Restricted Definitive Note.
2. After the Transfer the Transferee will hold:: [CHECK ONE]
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP ____), or
(ii) o Regulation S Global Note (CUSIP ____), or
(iii) o IAI Global Note (CUSIP ); or
(iv) o Unrestricted Global Note (CUSIP ____); or
(b) o a Restricted Definitive Note; or
(c) o an Unrestricted Definitive Note, . in accordance with the terms of the Indenture. FiberTower Cenveo Corporation 000 c/o Cenveo, Inc. 200 Xxxxx Xxxxxxxx Xxxxx, 0xx Xxxxx Xxxxxxxx, Xxxxxxxxxxx 00000 The Bank of New York Mellon 100 Xxxxxxx Xxxxxx, Suite 4800 San FranciscoFloor 7W New York, CA 94107 Xxxxx Fargo Bank, National Association New York 100286 Telecopier No: (000) 000-0000 Attention: Corporate Trust Services 0000 Xxxx Xxxxxx, 2nd Floor Dallas, TX 75202-2812 Administration Re: 9.006.000% Senior Priority Secured Notes due 20[ ] (CUSIP ) 2019 Reference is hereby made to the Indenture, dated as of November 9June 26, 2006 2014 (the “Indenture”), among FiberTower Cenveo Corporation, as issuer (the “Company”), the Guarantors party thereto, (as defined therein) and Xxxxx Fargo Bank, National AssociationThe Bank of New York Mellon, as Trusteetrustee and collateral agent. Capitalized terms used but not defined herein shall have the meanings given to them in the Indenture. , ____________ (the “Owner”) owns and proposes to exchange the Note[s] or interest in such Note[s] specified herein, in the principal amount of $ $__________ in such Note[s] or interests (the “Exchange”). In connection with the Exchange, the Owner hereby certifies that:
1. Exchange of Restricted Definitive Notes or Beneficial Interests in a Restricted Global Note for Unrestricted Definitive Notes or Beneficial Interests in an Unrestricted Global Note
(a) o Check if Exchange is from beneficial interest in a
Appears in 1 contract
Samples: Indenture (Cenveo, Inc)
o Check if Transfer is Pursuant to Other Exemption. (i) The Transfer is being effected pursuant to and in compliance with an exemption from the registration requirements of the Securities Act other than Rule 144, Rule 903 or Rule 904 and in compliance with the transfer restrictions contained in the Indenture and any applicable blue sky securities laws of any state State of the United States and (ii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act. Upon consummation of the proposed Transfer in accordance with the terms of the Indenture, the transferred beneficial interest or Definitive Note will not be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the Restricted Global Notes or Restricted Definitive Notes and in the Indenture. This certificate and the statements contained herein are made for your benefit and the benefit of the CompanyIssuers. Dated: [Insert Name of Transferor] By: Name: Title: Dated:
1. The Transferor owns and proposes to transfer the following:
(a) o a beneficial interest in the:in
(i) o 144A Global Note (CUSIP )Note, or
(ii) o Regulation S 501 Global Note (CUSIP )Note, or
(iii) o IAI Reg S Global Note (CUSIP )Note; or
(b) o a Restricted Definitive Note.
2. After the Transfer the Transferee will hold:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP )Note, or
(ii) o Regulation S 501 Global Note (CUSIP )Note, or
(iii) o IAI Reg S Global Note (CUSIP ); orNote,
(iv) o Unrestricted Global Note (CUSIP )Note; or
(b) o a Restricted Definitive Note; or
(c) o an Unrestricted Definitive Note, in accordance with the terms of the Indenture. FiberTower Virgin River Casino Corporation RBG, LLC B&BB, Inc. c/o CasaBlanca Resorts 000 Xxxx Xxxxxxxx Xxxxxxxxx Mesquite, Nevada 89027 The Bank of New York Trust Company, N.A. 000 Xxxxx Xxxxxx Xxxxxx, Suite 4800 San FranciscoXxxxx 000 Los Angeles, CA 94107 Xxxxx Fargo Bank, National Association California 90017 Attention: Corporate Trust Services 0000 Xxxx Xxxxxx, 2nd Floor Dallas, TX 75202-2812 Administration Re: 9.0012.750% Senior Secured Subordinated Discount Notes due 20[ ] 2013 (CUSIP the “Notes”) Dear Sir or Madam: Reference is hereby made to the Indenture, dated as of November 9December 20, 2006 2004 (as it may be amended and supplemented from time to time, the “Indenture”), among FiberTower Virgin River Casino Corporation, as issuer a Nevada corporation (“Virgin River”), RBG, LLC, a Nevada limited-liability company (“RBG”), and B & BB, Inc., a Nevada corporation (“B&BB” and, collectively with Virgin River and RBG, the “Company”Issuers,” which term includes any successors to any of such persons under the Indenture), the Guarantors party theretothereto and The Bank of New York Trust Company, and Xxxxx Fargo Bank, National AssociationN.A., as Trusteetrustee, relating to the Notes. Capitalized terms used but not defined herein shall have the meanings given to them in the Indenture. , (the “Owner”) owns and proposes to exchange the Note[s] or interest in such Note[s] specified herein, in the principal amount at maturity of $ in such Note[s] or interests (the “Exchange”). In connection with the Exchange, the Owner hereby certifies that:
Appears in 1 contract
o Check if Transfer is Pursuant to Other Exemption. (i) The Transfer is being effected pursuant to and in compliance with an exemption from the registration requirements of the Securities Act other than Rule 144, Rule 903 or Rule 904 and in compliance with the transfer restrictions contained in the Indenture and any applicable blue sky securities laws of any state State of the United States and (ii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act. Upon consummation of the proposed Transfer in accordance with the terms of the Indenture, the transferred beneficial interest or Definitive Note will not be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the Restricted Global Notes or Restricted Definitive Notes and in the Indenture. This certificate and the statements contained herein are made for your benefit and the benefit of the CompanyIssuers. Dated: [Insert Name of Transferor] By: Name: Title: Dated:
1. The Transferor owns and proposes to transfer the following:
(a) o a beneficial interest in the:in
(i) o 144A Global Note (CUSIP )Note, or
(ii) o Regulation S 501 Global Note (CUSIP )Note, or
(iii) o IAI Reg S Global Note (CUSIP )Note; or
(b) o a Restricted Definitive Note.
2. After the Transfer the Transferee will hold:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP )Note, or
(ii) o Regulation S 501 Global Note (CUSIP )Note, or
(iii) o IAI Reg S Global Note (CUSIP ); orNote,
(iv) o Unrestricted Global Note (CUSIP )Note; or
(b) o a Restricted Definitive Note; or
(c) o an Unrestricted Definitive Note, in accordance with the terms of the Indenture. FiberTower Virgin River Casino Corporation RBG, LLC B&BB, Inc. c/o CasaBlanca Resorts 000 Xxxx Xxxxxxxx Xxxxxxxxx Mesquite, Nevada 89027 The Bank of New York Trust Company, N.A. 000 Xxxxx Xxxxxx Xxxxxx, Suite 4800 San FranciscoXxxxx 000 Los Angeles, CA 94107 Xxxxx Fargo Bank, National Association California 90017 Attention: Corporate Trust Services 0000 Xxxx Xxxxxx, 2nd Floor Dallas, TX 75202-2812 Administration Re: 9.009.000% Senior Secured Notes due 20[ ] 2012 (CUSIP the “Notes”) Dear Sir or Madam: Reference is hereby made to the Indenture, dated as of November 9December20, 2006 2004 (as it may be amended and supplemented from time to time, the “Indenture”), among FiberTower Virgin River Casino Corporation, as issuer a Nevada corporation (“Virgin River”), RBG, LLC, a Nevada limited-liability company (“RBG”), and B & BB, Inc., a Nevada corporation (“B&BB” and, collectively with Virgin River and RBG, the “Company”Issuers,” which term includes any successors to any of such persons under the Indenture), the Guarantors party thereto, thereto and Xxxxx Fargo Bank, National AssociationThe Bank of New York, as Trusteetrustee, relating to the Notes. Capitalized terms used but not defined herein shall have the meanings given to them in the Indenture. , (the “Owner”) owns and proposes to exchange the Note[s] or interest in such Note[s] specified herein, in the principal amount of $ in such Note[s] or interests (the “Exchange”). In connection with the Exchange, the Owner hereby certifies that:
Appears in 1 contract
o Check if Transfer is Pursuant to Other Exemption. (i) The Transfer is being effected pursuant to and in compliance with an exemption from the registration requirements of the Securities Act other than Rule 144, Rule 903 or Rule 904 and in compliance with the transfer restrictions contained in the Indenture and any applicable blue sky securities laws of any state State of the United States and (ii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act. Upon consummation of the proposed Transfer in accordance with the terms of the Indenture, the transferred beneficial interest or Definitive Note will not be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the Restricted Global Notes or Restricted Definitive Notes and in the Indenture. This certificate and the statements contained herein are made for your benefit and the benefit of the Company. [Insert Name of Transferor] By: Name: Title: Dated:: , __
1. The Transferor owns and proposes to transfer the following:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP ___), ; or
(ii) o Regulation S Global Note (CUSIP ___), ; or
(iii) o IAI Global Note (CUSIP ___); or
(b) o a Restricted Definitive Note.
2. After the Transfer the Transferee will hold:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP ), ; or
(ii) o Regulation S Global Note (CUSIP ), ; or
(iii) o IAI Global Note (CUSIP ); or
(iv) o Unrestricted Global Note (CUSIP ); or
(b) o a Restricted Definitive Note; or
(c) o an Unrestricted Definitive Note, in accordance with the terms of the Indenture. FiberTower Corporation Cinemark USA, Inc. 0000 Xxxxxx Xxxxxxx Xxxxx 000 Xxxxx XxxxxxXxxxx, Suite 4800 San Francisco, CA 94107 XX 00000 Xxxxx Fargo Bank, National Association N.A. 0000 Xxxx Xxx, 2nd Floor MAC: T5303-022 Xxxxxx, Xxxxx 00000 Attention: Corporate Trust Services 0000 Xxxx Xxxxxx, 2nd Floor Dallas, TX 75202-2812 Re: 9.008.625% Senior Secured Notes due 20[ ] 2019 (CUSIP ) Reference is hereby made to the Indenture, dated as of November 9June 29, 2006 2009 (as such may be amended or supplemented from time to time, the “Indenture”), among FiberTower Corporationbetween Cinemark USA, Inc., as issuer (the “Company”), the Guarantors party thereto, thereto and Xxxxx Fargo Bank, National AssociationN.A., as Trusteetrustee. Capitalized terms used but not defined herein shall have the meanings given to them in the Indenture. , (the “Owner”) owns and proposes to exchange the Note[s] or interest in such Note[s] specified herein, in the principal amount of $ in such Note[s] or interests (the “Exchange”). In connection with the Exchange, the Owner hereby certifies that:
Appears in 1 contract
Samples: Indenture (Cinemark Holdings, Inc.)
o Check if Transfer is Pursuant to Other Exemption. (i) The Transfer is being effected pursuant to and in compliance with an exemption from the registration requirements of the Securities Act other than Rule 144, Rule 903 or Rule 904 and in compliance with the transfer restrictions contained in the Indenture and any applicable blue sky securities laws of any state State of the United States and (ii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act. Upon consummation of the proposed Transfer in accordance with the terms of the Indenture, the transferred beneficial interest or Definitive Note will not be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the Restricted Global Notes or Restricted Definitive Notes and in the Indenture. This certificate and the statements contained herein are made for your benefit and the benefit of the Company. ___________________________________________________ [Insert Name of Transferor] By: ___________________________________________________ Name: Title: Dated:______________________________________________
1. The Transferor owns and proposes to transfer the following:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP _________), or
(ii) o Regulation S Global Note (CUSIP _________), or
(iiib) o IAI Global Note (CUSIP ); or
(b) a Restricted Definitive Note.
2. After the Transfer the Transferee will hold:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP _________), or
(ii) o Regulation S Global Note (CUSIP _________), or
(iii) o IAI Global Note (CUSIP ); or
(iv) o Unrestricted Global Note (CUSIP _________); or
(b) o a Restricted Definitive Note; or
(c) o an Unrestricted Definitive Note, in accordance with the terms of the Indenture. FiberTower Corporation 000 Xxxxxxx Xxxxxx Holdings Corp. 00000 Xxxxxxxx Xxxxx XxxxxxXxx Xxxxxxx, Suite 4800 San Francisco, CA 94107 XX 00000 Xxxxx Fargo Bank, National Association Corporate Trust Services 0000 Xxxx 000 Xxxxx Xxxxxx, 2nd Floor DallasXxxxx 000 Xxxxxxxxxx, TX 75202XX 00000 Xxxxx Fargo Bank, National Association, as Trustee and Registrar - DAPS Reorg MAC N9303-2812 121 000 0xx Xxxxxx Xxxxx Xxxxxxxxxxx, XX 00000 Telephone No.: (000) 000-0000 Fax No.: (000) 000-0000 Email: XXXXXxxxx@xxxxxxxxxx.xxx Re: 9.009.750% Senior Secured Notes due 20[ ] (CUSIP ) 2018 Reference is hereby made to the Indenture, dated as of November 9July 24, 2006 2012 (the “Indenture”), among FiberTower CorporationXxxxxxx Xxxxxx Holdings Corp., as issuer (the “Company”), the Guarantors and Co-Issuers party thereto, thereto and Xxxxx Fargo Bank, National Association, as Trusteetrustee. Capitalized terms used but not defined herein shall have the meanings given to them in the Indenture. __________________________, (the “Owner”) owns and proposes to exchange [9.750% Senior Secured Note[s]] (the “Note[s] ]”) or interest in such Note[s] specified herein, in the principal amount of $ $____________ in such Note[s] or interests (the “Exchange”). In connection with the Exchange, the Owner hereby certifies that:
Appears in 1 contract
o Check if Transfer is Pursuant to Other Exemption. (i) The Transfer is being effected pursuant to and in compliance with an exemption from the registration requirements of the Securities Act other than Rule 144, Rule 903 or Rule 904 and in compliance with the transfer restrictions contained in the Indenture and any applicable blue sky securities laws of any state of the United States and (ii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act. Upon consummation of the proposed Transfer in accordance with the terms of the Indenture, the transferred beneficial interest or Definitive Note will not be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the Restricted Global Notes or Restricted Definitive Notes and in the Indenture. This certificate and the statements contained herein are made for your benefit and the benefit of the Company. [Insert Name of Transferor] By: Name: Title: Dated:
1. The Transferor owns and proposes to transfer the following:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
(b) a Restricted Definitive Note.
2. After the Transfer the Transferee will hold:
(a) a beneficial interest in the:
(i) o 144A Global Note (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
(iv) o Unrestricted Global Note (CUSIP ); or
(b) o a Restricted Definitive Note; or
(c) o an Unrestricted Definitive Note, in accordance with the terms of the Indenture. FiberTower Corporation 000 Xxxxx Xxxxxx, Suite 4800 San Francisco, CA 94107 Xxxxx Fargo Bank, National Association Corporate Trust Services 0000 Xxxx Xxxxxx, 2nd Floor Dallas, TX 75202-2812 Re: 9.00% Mandatorily Redeemable Convertible Senior Secured Notes due 20[ ] 2012 (CUSIP ) Reference is hereby made to the Indenture, dated as of November 9December 7, 2006 2009 (the “Indenture”), among FiberTower Corporation, as issuer (the “Company”), the Guarantors party thereto, and Xxxxx Fargo Bank, National Association, as Trustee. Capitalized terms used but not defined herein shall have the meanings given to them in the Indenture. , (the “Owner”) owns and proposes to exchange the Note[s] or interest in such Note[s] specified herein, in the principal amount of $ in such Note[s] or interests (the “Exchange”). In connection with the Exchange, the Owner hereby certifies that:
Appears in 1 contract
Samples: Indenture (FiberTower CORP)
o Check if Transfer is Pursuant to Other Exemption. (i) The Transfer is being effected pursuant to and in compliance with an exemption from the registration requirements of the Securities Act other than Rule 144, Rule 903 or Rule 904 and in compliance with the transfer restrictions contained in the Indenture and any applicable blue sky securities laws of any state State of the United States and (ii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act. Upon consummation of the proposed Transfer in accordance with the terms of the Indenture, the transferred beneficial interest or Definitive Note will shall not be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the Restricted Global Notes or Restricted Definitive Notes and in the Indenture. This certificate and the statements contained herein are made for your benefit and the benefit of the Company. [Insert Name of Transferor] By: Name: Title: Dated:
1. The Transferor owns and proposes to transfer the following:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
(b) o a Restricted Definitive Note.
2. After the Transfer the Transferee will hold:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
(iv) o Unrestricted Global Note (CUSIP ); or
(b) o a Restricted Definitive Note; or
(c) o an Unrestricted Definitive Note, in accordance with the terms of the Indenture. FiberTower Corporation 000 Allied Waste North America, Inc. 10000 Xxxxx XxxxxxXxxxxxxx – Hayden Loop, Suite 4800 San Francisco100 Scottsdale, CA 94107 Xxxxx Fargo Bank, Arizona 85260 U.S. Bank National Association Corporate Trust Services 0000 100 Xxxx Xxxxxx0xx Xxxxxx Xx. Xxxx, 2nd Floor Dallas, TX 75202-2812 XX 55101 Re: 9.007 1/4 % Senior Secured Notes due 20[ ] 2015 (CUSIP ) Reference is hereby made to the Indenture, dated as of November December 23, 1998, as amended by that Sixteenth Supplemental Indenture, dated as of March 9, 2006 2005 (collectively, the “Indenture”), among FiberTower Corporationbetween Allied Waste North America, Inc., as issuer (the “Company”), the Guarantors party thereto, and Xxxxx Fargo Bank, U.S. Bank National Association, as Trusteetrustee. Capitalized terms used but not defined herein shall have the meanings given to them in the Indenture. , (the “Owner”) owns and proposes to exchange the Note[s] or interest in such Note[s] specified herein, in the principal amount of $ in such Note[s] or interests (the “Exchange”). In connection with the Exchange, the Owner hereby certifies that:
Appears in 1 contract
Samples: Supplemental Indenture (Allied Waste Industries Inc)
o Check if Transfer is Pursuant to Other Exemption. (i) The Transfer is being effected pursuant to and in compliance with an exemption from the registration requirements of the Securities Act other than Rule 144, Rule 903 or Rule 904 and in compliance with the transfer restrictions contained in the Indenture and any applicable blue sky securities laws of any state State of the United States and (ii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act. Upon consummation of the proposed Transfer in accordance with the terms of the Indenture, the transferred beneficial interest or Definitive Note will not be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the Restricted Global Notes or Restricted Definitive Notes and in the Indenture. This certificate and the statements contained herein are made for your benefit and the benefit of the Company. [Insert Name of Transferor] By: Name: Title: Dated:
1. The Transferor owns and proposes to transfer the following:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
(b) o a Restricted Definitive Note.
2. After the Transfer the Transferee will hold:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
(iv) o Unrestricted Global Note (CUSIP ); or
(b) o a Restricted Definitive Note; or
(c) o an Unrestricted Definitive Note, in accordance with the terms of the Indenture. FiberTower Corporation 000 Neenah Paper, Inc. Xxxxxxx Xxxxx XxxxxxIII 0000 Xxxxxxx Xxxxx Road, Suite 4800 San Francisco600 Alpharetta, CA 94107 Georgia 30005 Attention: General Counsel Telecopier No.: (000) 000-0000 The Bank of New York Trust Company, N.A. 000 Xxxxxxx Xxxxxx Xxxxx Fargo BankXxxxx 000 Xxxxxxx, National Association Xxxxxxx 00000 Attention: Corporate Trust Services Department Telecopier No.: (000) 000-0000 Xxxx Xxxxxx, 2nd Floor Dallas, TX 75202-2812 Re: 9.0073/8 % Senior Secured Notes due 20[ ] (CUSIP ) SENIOR NOTES DUE 2014 Reference is hereby made to the Indenture, dated as of November 930, 2006 2004 (the “Indenture”), among FiberTower CorporationNeenah Paper, Inc., as issuer (the “Company”), the Subsidiary Guarantors party theretothereto and The Bank of New York Trust Company, and Xxxxx Fargo Bank, National AssociationN.A., as Trusteetrustee. Capitalized terms used but not defined herein shall have the meanings given to them in the Indenture. , (the “Owner”) owns and proposes to exchange the Note[s] or interest in such Note[s] specified herein, in the principal amount of $ in such Note[s] or interests (the “Exchange”). In connection with the Exchange, the Owner hereby certifies that:
Appears in 1 contract
Samples: Indenture (Neenah Paper Inc)
o Check if Transfer is Pursuant to Other Exemption. (i) The Transfer is being effected pursuant to and in compliance with an exemption from the registration requirements of the Securities Act other than Rule 144, Rule 903 or Rule 904 and in compliance with the transfer restrictions contained in the Supplemental Indenture and any applicable blue sky securities laws of any state State of the United States and (ii) the restrictions on transfer contained in the Supplemental Indenture and the Private Placement Restricted Legend are not required in order to maintain compliance with the Securities Act. Upon consummation of the proposed Transfer in accordance with the terms of the Supplemental Indenture, the transferred beneficial interest or Definitive Note will not be subject to the restrictions on transfer enumerated in the Private Placement Restricted Legend printed on the Restricted Global Notes or Restricted Definitive Notes and in the Supplemental Indenture. This certificate and the statements contained herein are made for your benefit and the benefit of the Trustee and the Company. [Insert Name of Transferor] By: ----------------------- Name: Title: Dated:: -------------------- ANNEX A
1. The Transferor owns and proposes to transfer the following:: [CHECK ONE OF (a) OR (b)]
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP 00000XXX0), or
(ii) o Regulation S Global Note (CUSIP ), or
(iii) o IAI Global Note (CUSIP X00000XX0); or
(b) o a Restricted Definitive Note.
2. After the Transfer the Transferee will hold:: [CHECK ONE]
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP 00000XXX0), or
(ii) o Regulation S Global Note (CUSIP ), or
(iii) o IAI Global Note (CUSIP X00000XX0); or
(iviii) o Unrestricted Global Note (CUSIP 00000XXX0); or
(b) o a Restricted Definitive Note; or
(c) o an Unrestricted Definitive Note, in accordance with the terms of the Indenture. FiberTower Corporation 000 Xxxxx Xxxxxx, Suite 4800 San Francisco, CA 94107 Xxxxx Fargo Bank, National Association Corporate Trust Services 0000 Xxxx Xxxxxx, 2nd Floor Dallas, TX 75202-2812 Re: 9.00% Senior Secured Notes due 20[ ] (CUSIP ) Reference is hereby made to the Indenture, dated as of November 9, 2006 (the “Indenture”), among FiberTower Corporation, as issuer (the “Company”), the Guarantors party thereto, and Xxxxx Fargo Bank, National Association, as Trustee. Capitalized terms used but not defined herein shall have the meanings given to them in the Indenture. , (the “Owner”) owns and proposes to exchange the Note[s] or interest in such Note[s] specified herein, in the principal amount of $ in such Note[s] or interests (the “Exchange”). In connection with the Exchange, the Owner hereby certifies that:,
Appears in 1 contract
o Check if Transfer is Pursuant to Other Exemption. (i) The Transfer is being effected pursuant to and in compliance with an exemption from the registration requirements of the Securities Act other than Rule 144, Rule 903 or Rule 904 and in compliance with the transfer restrictions contained in the Indenture and any applicable blue sky securities laws of any state State of the United States and (ii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act. Upon consummation of the proposed Transfer in accordance with the terms of the Indenture, the transferred beneficial interest or Definitive Note will not be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the Restricted Global Notes or Restricted Definitive Notes and in the Indenture. This certificate and the statements contained herein are made for your benefit and the benefit of the CompanyIssuer. [Insert Name of Transferor] By: Name: Title: Dated:
1. The Transferor owns and proposes to transfer the following:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP )594087 AQ1, or
(ii) o Regulation S Global Note (CUSIP )U59329 AC3, or
(iii) o IAI Global Note (CUSIP ); or
(b) o a Restricted Definitive Note.
2. After the Transfer the Transferee will hold:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP )594087 AQ1, or
(ii) o Regulation S Global Note (CUSIP )U59329 AC3, or
(iii) o IAI Global Note (CUSIP ); or
(iv) o Unrestricted Global Note (CUSIP )[ ]; or
(b) o a Restricted Definitive Note; or
(c) o an Unrestricted Definitive Note, in accordance with the terms of the Indenture. FiberTower Corporation 000 Michaels Stores, Inc. 0000 Xxxx Xxxxxx Xxxxx Xxxxxx, Suite 4800 San FranciscoXX 00000 Attention: General Counsel Law Debenture Trust Company of New York 000 Xxxxxxx Xxxxxx, CA 94107 Xxxxx Fargo Bank0X Xxx Xxxx, National Association Xxx Xxxx 00000 Fax No.: (000) 000-0000 Attention: Corporate Trust Services 0000 Xxxx Xxxxxx, 2nd Floor Dallas, TX 75202-2812 Department Re: 9.00% 7¾% Senior Secured Notes due 20[ ] (CUSIP ) 2018 Reference is hereby made to the Indenture, dated as of November 9October 21, 2006 2010 (as the same may be further amended, supplemented or otherwise modified from time to time, the “Indenture”), among FiberTower CorporationMichaels Stores, as issuer (the “Company”)Inc., the Guarantors party thereto, named therein and Xxxxx Fargo Bank, National Association, as the Trustee. Capitalized terms used but not defined herein shall have the meanings given to them in the Indenture. , (the “Owner”) owns and proposes to exchange the Note[s] or interest in such Note[s] specified herein, in the principal amount of $ in such Note[s] or interests (the “Exchange”). In connection with the Exchange, the Owner hereby certifies that:
1) EXCHANGE OF RESTRICTED DEFINITIVE NOTES OR BENEFICIAL INTERESTS IN A RESTRICTED GLOBAL NOTE FOR UNRESTRICTED DEFINITIVE NOTES OR BENEFICIAL INTERESTS IN AN UNRESTRICTED GLOBAL NOTE
a) o CHECK IF EXCHANGE IS FROM BENEFICIAL INTEREST IN A RESTRICTED GLOBAL NOTE TO BENEFICIAL INTEREST IN AN UNRESTRICTED GLOBAL NOTE. In connection with the Exchange of the Owner’s beneficial interest in a Restricted Global Note for a beneficial interest in an Unrestricted Global Note in an equal principal amount, the Owner hereby certifies (i) the beneficial interest is being acquired for the Owner’s own account without transfer, (ii) such Exchange has been effected in compliance with the transfer restrictions applicable to the Global Notes and pursuant to and in accordance with the United States Securities Act of 1933, as amended (the “Securities Act”), (iii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act and (iv) the beneficial interest in an Unrestricted Global Note is being acquired in compliance with any applicable blue sky securities laws of any state of the United States.
b) o CHECK IF EXCHANGE IS FROM BENEFICIAL INTEREST IN A
Appears in 1 contract
o Check if Transfer is Pursuant to Other Exemption. (i) The Transfer is being effected pursuant to and in compliance with an exemption from the registration requirements of the Securities Act other than Rule 144, Rule 903 or Rule 904 and in compliance with the transfer restrictions contained in the Indenture and any applicable blue sky securities laws of any state State of the United States and (ii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act. Upon consummation of the proposed Transfer in accordance with the terms of the Indenture, the transferred beneficial interest or Definitive Note will not be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the Restricted Global Notes or Restricted Definitive Notes and in the Indenture. This certificate and the statements contained herein are made for your benefit and the benefit of the Company. [Insert Name of Transferor] By: Name: Title: Dated:: Signature Guarantee:* * Participant in a recognized Signature Guarantee Medallion Program (or other signature guarantor acceptable to the Trustee).
1. The Transferor owns and proposes to transfer the following:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP ), or
(ii) o ¨ Regulation S Global Note (CUSIP ), or
(iii) o ¨ IAI Global Note (CUSIP ); or
(b) ¨ a Restricted Definitive Note.
2. After the Transfer the Transferee will hold:
(a) a beneficial interest in the:
(i) o ¨ 144A Global Note (CUSIP ), or
(ii) o ¨ Regulation S Global Note (CUSIP ), or
(iii) o ¨ IAI Global Note (CUSIP ); or
(iv) o ¨ Unrestricted Global Note (CUSIP ); or
(b) o ¨ a Restricted Definitive Note; or
(c) o ¨ an Unrestricted Definitive Note, in accordance with the terms of the Indenture. FiberTower Corporation Xxxxxxx Company 000 Xxxxx Xxxxx Xxxxx, X.X. Xxx 0000 Xxxxxxxxxxx, Xxxxxxxxx 00000 Facsimile No.: (000) 000-0000 Attention: Xxxxxx Xxxxxx, Suite 4800 San Francisco, CA 94107 Vice President and Treasurer Xxxxx Fargo BankCorporate Trust-DAPS Reorg 000 Xxxxxx Xxxxxx Xxxxx, National Association Corporate Trust Services 0xx Xxxxx MAC X0000-000 Xxxxxxxxxxx, XX 00000 Phone: 0-000-000-0000 Xxxx Xxxxxx, 2nd Floor Dallas, TX 75202Fax: 0-2812 000-000-0000 Email: xxxxxxxxx@xxxxxxxxxx.xxx Re: 9.005.625% Senior Secured Notes due 20[ ] (CUSIP ) 2025 Reference is hereby made to the Indenture, dated as of November 9April 18, 2006 2017 (as amended, supplemented or otherwise modified from time to time, the “Indenture”), among FiberTower CorporationXxxxxxx Company, as issuer (the “Company”), the Guarantors party thereto, thereto and Xxxxx Fargo Bank, National Association, as Trusteetrustee. Capitalized terms used but not defined herein shall have the meanings given to them in the Indenture. , (the “Owner”) owns and proposes to exchange the Note[s] or interest in such Note[s] specified herein, in the principal amount of $ in such Note[s] or interests (the “Exchange”). In connection with the Exchange, the Owner hereby certifies that:
Appears in 1 contract
Samples: Indenture (Tennant Co)
o Check if Transfer is Pursuant to Other Exemption. (i) The Transfer is being effected pursuant to and in compliance with an exemption from the registration requirements of the Securities Act other than Rule 144, Rule 903 or Rule 904 and in compliance with the transfer restrictions contained in the Indenture and any applicable blue sky securities laws of any state State of the United States and (ii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act. Upon consummation of the proposed Transfer in accordance with the terms of the Indenture, the transferred beneficial interest or Definitive Note will not be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the Restricted Global Notes or Restricted Definitive Notes and in the Indenture. This certificate and the statements contained herein are made for your benefit and the benefit of the CompanyIssuer. [Insert Name of Transferor] By: Name: Title: Dated:: _______________________
1. The Transferor owns and proposes to transfer the following:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP _________), or
(ii) o Regulation S Global Note (CUSIP _________), or
(iii) o IAI Global Note (CUSIP _________); or
(b) o a Restricted Definitive Note.
2. After the Transfer the Transferee will hold:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP _________), or
(ii) o Regulation S Global Note (CUSIP _________), or
(iii) o IAI Global Note (CUSIP _________); or
(iv) o Unrestricted Global Note (CUSIP _________); or
(b) o a Restricted Definitive Note; or
(c) o an Unrestricted Definitive Note, in accordance with the terms of the Indenture. FiberTower Corporation 000 Xxxxx EXHIBIT C TerraForm Power Operating, LLC 0000 Xxxxxxxxx Xxxxxx, Suite 4800 San Francisco0xx Xxxxx Xxxxxxxx, CA 94107 Xxxxx Fargo Bank, XX Attention: Investor Relations U.S. Bank National Association Corporate Trust Services 0000 00 Xxxxxxxxxx Xxxxxx St. Xxxx, MN Attention: Xxxx Xxxxxx, 2nd Floor Dallas, TX 75202-2812 Xxxxxxxx Re: 9.006.125% Senior Secured Notes due 20[ ] (CUSIP ) 2025 Reference is hereby made to the Indenture, dated as of November 9July 17, 2006 2015 (the “Indenture”), among FiberTower CorporationTerraForm Power Operating, LLC, as issuer (the “CompanyIssuer”), the Guarantors party thereto, thereto and Xxxxx Fargo Bank, U.S. Bank National Association, as Trusteetrustee. Capitalized terms used but not defined herein shall have the meanings given to them in the Indenture. __________________________, (the “Owner”) owns and proposes to exchange the Note[s] or interest in such Note[s] specified herein, in the principal amount of $ $____________ in such Note[s] or interests (the “Exchange”). In connection with the Exchange, the Owner hereby certifies that:
Appears in 1 contract
Samples: Indenture (TerraForm Power, Inc.)
o Check if Transfer is Pursuant to Other Exemption. (i) The Transfer is being effected pursuant to and in compliance with an exemption from the registration requirements of the Securities Act other than Rule 144, Rule 903 or Rule 904 and in compliance with the transfer restrictions contained in the Indenture and any applicable blue sky securities laws of any state State of the United States and (ii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act. Upon consummation of the proposed Transfer in accordance with the terms of the Indenture, the transferred beneficial interest or Definitive Note Security will not be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the Restricted Global Notes Securities or Restricted Definitive Notes Securities and in the Indenture. This certificate and the statements contained herein are made for your benefit and the benefit of the Company. Dated: [Insert Name of Transferor] By: Name: Title: Dated:
1. The Transferor owns and proposes proposed to transfer the following: [CHECK ONE OF (a) OR (b)]
(a) o a beneficial interest in the:
(i) o 144A Global Security (CUSIP ), or
(ii) o Regulation S Global Security (CUSIP ), or
(b) o a Restricted Definitive Security.
2. After the transfer the Transferee will hold:
(a) o a beneficial interest in the:
(i) o 144A Global Note Security (CUSIP ), or
(ii) o Regulation S Global Note Security (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
(b) a Restricted Definitive Note.
2. After the Transfer the Transferee will hold:
(a) a beneficial interest in the:
(i) o 144A Global Note (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
(iv) o Unrestricted Global Note Security (CUSIP ); or
(b) o a Restricted Definitive NoteSecurity; or
(c) o an Unrestricted Definitive NoteSecurity, in accordance with the terms of the Indenture. FiberTower Corporation 000 Tyco International Finance S.A. 00 Xxxxxx xx xx Xxxxx Xxxxxx, Suite 4800 San Francisco, CA 94107 Xxxxx Fargo Bank, National Association Corporate X-0000 Xxxxxxxxxx Attention: The Managing Directors Deutsche Bank Trust Services 0000 Company Americas 00 Xxxx Xxxxxx, 2nd Floor Dallas00xx Xxxxx XX: NYC60-2710 Xxx Xxxx, TX 75202XX 00000 Attention: Trust & Securities Services Deutsche Bank Services Tennessee Inc. 000 Xxxxxxxxx Xxxx Xxxx Xxxxxxxxx, XX XXX 00000 Attention: Transfer Department Telephone: 000-2812 000-0000 Re: 9.00% Senior Secured Notes due 20[ [insert description of the Securities] (CUSIP ) Ladies and Gentlemen, Reference is hereby made to the Indenture, dated as of November January 9, 2006 (the “Indenture”)2009, among FiberTower CorporationTyco International Finance S.A., as issuer a Luxembourg company (the “Company”), the Guarantors party theretoTyco International Ltd., a Bermuda company (“Parent”), and Xxxxx Fargo BankDeutsche Bank Trust Company Americas, National Associationa New York banking corporation, as trustee (the “Trustee”) [as supplemented by that certain supplemental indenture dated as of ][and the Board Resolution adopted ] (together, the “Indenture”). Capitalized terms used but not defined herein shall have the meanings given to them in the Indenture. , (the “Owner”) owns and proposes to exchange transfer the Note[sSecurity or Securities or interest[s] or interest in such Note[s] Security or Securities specified herein, in the principal amount of $ in such Note[sSecurity or Securities or interest[s] or interests (the “Exchange”). In connection with the ExchangeTransfer, the Owner Transferor hereby certifies that:
Appears in 1 contract
o Check if Transfer is Pursuant to Other Exemption. (i) The Transfer is being effected pursuant to and in compliance with an exemption from the registration requirements of the Securities Act other than Rule 144, Rule 903 or Rule 904 and in compliance with the transfer restrictions contained in the Indenture and any applicable blue sky securities laws of any state State of the United States and (ii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act. Upon consummation of the proposed Transfer in accordance with the terms of the Indenture, the transferred beneficial interest or Definitive Note will not be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the Restricted Global Notes or Restricted Definitive Notes and in the Indenture. This certificate and the statements contained herein are made for your benefit and the benefit of the Company. [Insert Name of Transferor] By: Name: Title: Dated:
1. The Transferor owns and proposes to transfer the following:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
(b) o a Restricted Definitive Note.
2. After the Transfer the Transferee will hold:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
(iv) o Unrestricted Global Note (CUSIP ); or
(b) o a Restricted Definitive Note; or
(c) o an Unrestricted Definitive Note, in accordance with the terms of the Indenture. FiberTower Six Flags Entertainment Corporation 000 Xxxxxx X Xxxx Xxxxx XxxxxxXxxxxxx, Suite 4800 San Francisco, CA 94107 Xxxxx Fargo Bank, 00000 U.S. Bank National Association Corporate Trust Services 0000 Xxxx Xxxxxx000 Xxxxxx Xxxxxx Xxxxx, 2nd Floor Dallas0xx Xxxxx Xxxxxxxxx, TX 75202-2812 Xxxxxxxxx 00000 Attention: Xxxxx Xxxxx Re: 9.005.25% Senior Secured Notes due 20[ ] (CUSIP ) 2021 Reference is hereby made to the Indenture, dated as of November 9December 21, 2006 2012 (the “Indenture”), among FiberTower Six Flags Entertainment Corporation, as issuer (the “Company”), the Guarantors party thereto, thereto and Xxxxx Fargo Bank, U.S. Bank National Association, as Trusteetrustee. Capitalized terms used but not defined herein shall have the meanings given to them in the Indenture. , (the “Owner”) owns and proposes to exchange the Note[s] or interest in such Note[s] specified herein, in the principal amount of $ in such Note[s] or interests (the “Exchange”). In connection with the Exchange, the Owner hereby certifies that:
Appears in 1 contract
o Check if Transfer is Pursuant to Other Exemption. (i) The Transfer is being effected pursuant to and in compliance with an exemption from the registration requirements of the Securities Act other than Rule 144, Rule 903 or Rule 904 and in compliance with the transfer restrictions contained in the Indenture and any applicable blue sky securities laws of any state State of the United States and (ii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act. Upon consummation of the proposed Transfer in accordance with the terms of the Indenture, the transferred beneficial interest or Definitive Note will shall not be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the Restricted Global Notes or Restricted Definitive Notes and in the Indenture. This certificate and the statements contained herein are made for your benefit and the benefit of the Company. [Insert Name of Transferor] By: Name: Title: Dated:: _____
1. The Transferor owns and proposes to transfer the following:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP _____), or
(ii) o Regulation S Global Note (CUSIP _____), or
(iiib) o IAI Global Note (CUSIP ); or
(b) a Restricted Definitive Note.
2. After the Transfer the Transferee will shall hold:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP _____), or
(ii) o Regulation S Global Note (CUSIP _____), or
(iii) o IAI Global Note (CUSIP ); or
(iv) o Unrestricted Global Note (CUSIP _____); or
(b) o a Restricted Definitive Note; or
(c) o an Unrestricted Definitive Note, in accordance with the terms of the Indenture. FiberTower IASIS Healthcare LLC IASIS Capital Corporation 000 Xxxxxxxx Xxxx, Xxxxxxxx X Xxxxxxxx, Xxxxxxxxx 00000 The Bank of New York Mellon Trust Company, N.A. 000 Xxxxxxx Xxxxxxx, Xxxxx Xxxxxx000 Xxxxxxx, Suite 4800 San Francisco, CA 94107 Xxxxx Fargo Bank, National Association Corporate Trust Services 0000 Xxxx Xxxxxx, 2nd Floor Dallas, TX 75202-2812 Xxxxxxx 00000 Re: 9.008.375% Senior Secured Notes due 20[ ] 2019 (CUSIP _____) Reference is hereby made to the Indenture, dated as of November 9May 3, 2006 2011 (the “Indenture”), among FiberTower Corporation, as issuer IASIS Healthcare LLC (the “Company”), IASIS Capital Corporation (“IASIS Capital” and together with the Company, the “Issuers”), the Guarantors party theretothereto and The Bank of New York Mellon Trust Company, and Xxxxx Fargo Bank, National AssociationN.A., as Trusteetrustee. Capitalized terms used but not defined herein shall have the meanings given to them in the Indenture. _____, (the “Owner”) owns and proposes to exchange the Note[s] or interest in such Note[s] specified herein, in the principal amount of $ $_____ in such Note[s] or interests (the “Exchange”). In connection with the Exchange, the Owner hereby certifies that:
Appears in 1 contract
Samples: Indenture (IASIS Healthcare LLC)
o Check if Transfer is Pursuant to Other Exemption. (i) The Transfer is being effected pursuant to and in compliance with an exemption from the registration requirements of the Securities Act other than Rule 144, Rule 903 or Rule 904 and in compliance with the transfer restrictions contained in the Indenture and any applicable blue sky securities laws of any state State of the United States and (ii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act. Upon consummation of the proposed Transfer in accordance with the terms of the Indenture, the transferred beneficial interest or Definitive Note will not be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the Restricted Global Notes or Restricted Definitive Notes and in the Indenture. This certificate and the statements contained herein are made for your benefit and the benefit of the Company. [Insert Name of Transferor] By: Name: Title: Dated:
1. The Transferor owns and proposes to transfer the following:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ), or
(iiib) o IAI Global Note (CUSIP ); or
(b) a Restricted Definitive Note.
2. After the Transfer the Transferee will hold:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
(iv) o Unrestricted Global Note (CUSIP ); or
(b) o a Restricted Definitive Note; or
(c) o an Unrestricted Definitive Note, in accordance with the terms of the Indenture. FiberTower Corporation Huntsman International LLC 000 Xxxxx XxxxxxXxxxxxxx Xxx Xxxx Xxxx Xxxx, Suite 4800 San FranciscoXxxx 00000 Attention: Office of General Counsel Citibank, CA 94107 Xxxxx Fargo BankN.A., National Association Corporate Trust Services 0000 Xxxx XxxxxxLondon Branch Citigroup Centre Canada Square, 2nd Floor Dallas, TX 75202-2812 Canary Wharf Xxxxxx X000XX United Kingdom Re: 9.004.25% Senior Secured Notes due 20[ ] (CUSIP ) 2025 Reference is hereby made to the Indenture, dated as of November 9March 31, 2006 2015 (the “Indenture”), among FiberTower CorporationHuntsman International LLC, as issuer (the “Company”), the Guarantors party thereto, thereto and Xxxxx Fargo BankWilmington Trust, National Association, as Trusteetrustee. Capitalized terms used but not defined herein shall have the meanings given to them in the Indenture. , (the “Owner”) owns and proposes to exchange the Note[s] or interest in such Note[s] specified herein, in the principal amount of $ € in such Note[s] or interests (the “Exchange”). In connection with the Exchange, the Owner hereby certifies that:
Appears in 1 contract
o Check if Transfer is Pursuant to Other Exemption. (i) The Transfer is being effected pursuant to and in compliance with an exemption from the registration requirements of the Securities Act other than Rule 144, Rule 903 or Rule 904 and in compliance with the transfer restrictions contained in the Indenture and any applicable blue sky securities laws of any state State of the United States and (ii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act. Upon consummation of the proposed Transfer in accordance with the terms of the Indenture, the transferred beneficial interest or Definitive Note will not be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the Restricted Global Notes or Restricted Definitive Notes and in the Indenture. This certificate and the statements contained herein are made for your benefit and the benefit of the Company. [Insert Name of Transferor] By: Name: Title: Dated:
1. The Transferor owns and proposes to transfer the following:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
(b) o a Restricted Definitive Note.
2. After the Transfer the Transferee will hold:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
(iv) o Unrestricted Global Note (CUSIP ); or
(b) o a Restricted Definitive Note; or
(c) o an Unrestricted Definitive Note, in accordance with the terms of the Indenture. FiberTower Corporation Hanger Orthopedic Group, Inc. 00000 Xxxxxx Xxxxx, Xxxxx 000 Xxxxx Xxxxxx, Suite 4800 San FranciscoXxxxx 00000 Attention: Chief Financial Officer Wilmington Trust Company, CA 94107 as Trustee 0000 Xxxxx Fargo BankXxxxxx Xxxxxx Xxxxxxxxxx, National Association Xxxxxxxx 00000 Attention: Corporate Trust Capital Market Services 0000 Xxxx Xxxxxx(Hanger Orthopedic Group, 2nd Floor Dallas, TX 75202-2812 Inc.) Re: 9.0071/8% Senior Secured Notes due 20[ ] (CUSIP ) 2018 Reference is hereby made to the Indenture, dated as of November 92, 2006 2010 (the “Indenture”), among FiberTower CorporationHanger Orthopedic Group, as issuer Inc. (the “Company”), the Subsidiary Guarantors party thereto, thereto and Xxxxx Fargo Bank, National AssociationWilmington Trust Company, as Trusteetrustee. Capitalized terms used but not defined herein shall have the meanings given to them in the Indenture. , (the “Owner”) owns and proposes to exchange the Note[s] or interest in such Note[s] specified herein, in the principal amount of $ in such Note[s] or interests (the “Exchange”). In connection with the Exchange, the Owner hereby certifies that:
Appears in 1 contract
o Check if Transfer is Pursuant to Other Exemption. (i) The Transfer is being effected pursuant to and in compliance with an exemption from the registration requirements of the Securities Act other than Rule 144, Rule 903 144 or Rule 904 and in compliance with the transfer restrictions contained in the Indenture and any applicable blue sky securities laws of any state State of the United States and (ii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act. Upon consummation of the proposed Transfer in accordance with the terms of the Indenture, the transferred beneficial interest or Definitive Note will not be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the Restricted Global Notes or Restricted Definitive Notes and in the Indenture. This certificate and the statements contained herein are made for your benefit and the benefit of the Companybenefit. [Insert Name of Transferor] By: Name: Title: Dated:
1. The Transferor owns and proposes to transfer the following:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP 00000XXX0), or
(ii) o Regulation S Global Note (CUSIP X0000XXX0), or
(iiib) o IAI Global Note (CUSIP ); or
(b) a Restricted Definitive Note.
2. After the Transfer the Transferee will hold:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP 00000XXX0), or
(ii) o Regulation S Global Note (CUSIP X0000XXX0), or
(iii) o IAI Global Note (CUSIP ); or
(iv) o Unrestricted Global Note (CUSIP ); or
(b) o a Restricted Definitive Note; or
(c) o an Unrestricted Definitive Note, in accordance with the terms of the Indenture. FiberTower Antero Midstream Partners LP Antero Midstream Finance Corporation 000 Xxxxx Xxxxxx0000 Xxxxxxx Xxxxxx Denver, Suite 4800 San Francisco, CA 94107 Colorado 80202 Xxxxx Fargo Bank, National Association Corporate Trust 000 X. 0xx Xxxxxx Xxxxxxxxxxx, XX 00000 Attention: Conventional Debt and Specialized Services 0000 Xxxx Xxxxxx, 2nd Floor Dallas, TX 75202-2812 Re: 9.005.75% Senior Secured Notes due 20[ ] 2028 (CUSIP ) Reference is hereby made to the Indenture, dated as of November 9June 28, 2006 2019 (the “Indenture”), among FiberTower Antero Midstream Partners LP, a Delaware limited partnership (“Antero Midstream Partners”), and Antero Midstream Finance Corporation, as issuer a Delaware corporation (“Finance Corp.” and, together with Antero Midstream Partners, the “CompanyIssuers”), the Guarantors party thereto, thereto and Xxxxx Fargo Bank, National Association, as Trusteetrustee. Capitalized terms used but not defined herein shall have the meanings given to them in the Indenture. , (the “Owner”) owns and proposes to exchange the Note[s] or interest in such Note[s] specified herein, in the principal amount of $ in such Note[s] or interests (the “Exchange”). In connection with the Exchange, the Owner hereby certifies that:
Appears in 1 contract
Samples: Indenture (Antero Midstream Corp)
o Check if Transfer is Pursuant to Other Exemption. (i) The Transfer is being effected pursuant to and in compliance with an exemption from the registration requirements of the Securities Act other than Rule 144, Rule 903 or Rule 904 and in compliance with the transfer restrictions contained in the Indenture and any applicable blue sky securities laws of any state State of the United States and (ii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act. Upon consummation of the proposed Transfer in accordance with the terms of the Indenture, the transferred beneficial interest or Definitive Note will not be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the Restricted Global Notes or Restricted Definitive Notes and in the Indenture. This certificate and the statements contained herein are made for your benefit and the benefit of the Company. [Insert Name of Transferor] By: Name: Title: Dated:
1. The Transferor owns and proposes to transfer the following:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
(b) o a Restricted Definitive Note.
2. After the Transfer the Transferee will hold:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
(iv) o Unrestricted Global Note (CUSIP ); or
(b) o a Restricted Definitive Note; or
(c) o an Unrestricted Definitive Note, in accordance with the terms of the Indenture. FiberTower Corporation NRG Energy, Inc. 000 Xxxxxxxx Xxxxx XxxxxxXxxxxxxxx, Suite 4800 San FranciscoXX 00000 Attention: General Counsel Delaware Trust Company 000 Xxxxxx Xxxxx Xxxxx Xxxxxxxxxx, CA 94107 Xxxxx Fargo Bank, National Association Corporate XX 00000 Attention: Trust Services 0000 Xxxx Xxxxxx, 2nd Floor Dallas, TX 75202-2812 Administration Re: 9.005.75% Senior Secured Notes due 20[ ] (CUSIP ) 2028 Reference is hereby made to the Fourth Supplemental Indenture, dated as of November 9December 7, 2006 2017 (the “Indenture”), among FiberTower CorporationNRG Energy, Inc., as issuer (the “Company”), the Guarantors party thereto, thereto and Xxxxx Fargo Bank, National AssociationDelaware Trust Company, as Trusteetrustee. Capitalized terms used but not defined herein shall have the meanings given to them in the Indenture. , (the “Owner”) owns and proposes to exchange the Note[s] or interest in such Note[s] specified herein, in the principal amount of $ in such Note[s] or interests (the “Exchange”). In connection with the Exchange, the Owner hereby certifies that:
Appears in 1 contract
o Check if Transfer is Pursuant to Other Exemption. (i) The Transfer is being effected pursuant to and in compliance with an exemption from the registration requirements of the Securities Act other than Rule 144, Rule 903 or Rule 904 and in compliance with the transfer restrictions contained in the Indenture and any applicable blue sky securities laws of any state State of the United States and (ii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act. Upon consummation of the proposed Transfer in accordance with the terms of the Indenture, the transferred beneficial interest or Definitive Note will not be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the Restricted Global Notes or Restricted Definitive Notes and in the Indenture. This certificate and the statements contained herein are made for your benefit and the benefit of the Company. [Insert Name of Transferor] By: Name: Title: Dated:
1. The Transferor owns and proposes to transfer the following:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
(b) o a Restricted Definitive Note.
2. After the Transfer the Transferee will hold:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
(iv) o Unrestricted Global Note (CUSIP ); or
(b) o a Restricted Definitive Note; or
(c) o an Unrestricted Definitive Note, in accordance with the terms of the Indenture. FiberTower Corporation NRG Energy, Inc. 000 Xxxxxxxx Xxxxx Xxxxxxxxx, XX 00000 Attention: General Counsel Law Debenture Trust Company of New York 000 Xxxxxxx Xxxxxx, Suite 4800 San FranciscoXxxxx 0X Xxx Xxxx, CA 94107 Xxxxx Fargo Bank, National Association XX 00000 Attention: Corporate Trust Services 0000 Xxxx Xxxxxx, 2nd Floor Dallas, TX 75202-2812 Department Re: 9.006.625% Senior Secured Notes due 20[ ] (CUSIP ) 2027 Reference is hereby made to the Indenture, dated as of November 9August 2, 2006 2016 (the “Indenture”), among FiberTower CorporationNRG Energy, Inc., as issuer (the “Company”), the Guarantors party thereto, thereto and Xxxxx Fargo Bank, National AssociationLaw Debenture Trust Company of New York, as Trusteetrustee. Capitalized terms used but not defined herein shall have the meanings given to them in the Indenture. , (the “Owner”) owns and proposes to exchange the Note[s] or interest in such Note[s] specified herein, in the principal amount of $ in such Note[s] or interests (the “Exchange”). In connection with the Exchange, the Owner hereby certifies that:
Appears in 1 contract
o Check if Transfer is Pursuant to Other Exemption. (i) The Transfer is being effected pursuant to and in compliance with an exemption from the registration requirements of the Securities Act other than Rule 144, Rule 903 or Rule 904 and in compliance with the transfer restrictions contained in the Indenture and any applicable blue sky securities laws of any state State of the United States and (ii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act. Upon consummation of the proposed Transfer in accordance with the terms of the Indenture, the transferred beneficial interest or Definitive Note will not be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the Restricted Global Notes or Restricted Definitive Notes and in the Indenture. This certificate and the statements contained herein are made for your benefit and the benefit of the CompanyIssuer. [Insert Name of Transferor] By: Name: Title: Dated:
1. The Transferor owns and proposes to transfer the following:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP 93317Q AJ4), or
(ii) o Regulation S Global Note (CUSIP U9312C AD6), or
(iii) o IAI Global Note (CUSIP ); or
(b) o a Restricted Definitive Note.
2. After the Transfer the Transferee will hold:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP 93317Q AJ4), or
(ii) o Regulation S Global Note (CUSIP U9312C AD6), or
(iii) o IAI Global Note (CUSIP ); or
(iv) o Unrestricted Global Note (CUSIP ); or
(b) o a Restricted Definitive Note; or
(c) o an Unrestricted Definitive Note, in accordance with the terms of the Indenture. FiberTower Corporation 000 Xxxxxx Energy, Inc. 0000 Xxxxxxxxxx Xxxxxxxx Xxxxx Xxxxxx0000 Xxxxxxxxxx, Suite 4800 San Francisco, CA 94107 Xxxxx Fargo BankXX 00000 Wilmington Trust, National Association Corporate Trust Services 0000 Xxxx Capital Markets 00 Xxxxx Xxxxx Xxxxxx, 2nd Floor DallasXxxxx 0000 Minneapolis, TX 75202-2812 MN 55402 Attention: Xxxxxx Energy Administrator Re: 9.00$350,000,000 11.0%/12.0% Senior Secured Second Lien PIK Toggle Notes due 20[ ] (CUSIP ) 2020 Reference is hereby made to the Indenture, dated as of November 9March 27, 2006 2014 (the “Indenture”), among FiberTower CorporationXxxxxx Energy, Inc., as issuer (the “CompanyIssuer”), the Guarantors party thereto, thereto and Xxxxx Fargo BankWilmington Trust, National Association, as Trusteetrustee and collateral agent. Capitalized terms used but not defined herein shall have the meanings given to them in the Indenture. , (the “Owner”) owns and proposes to exchange the Note[s] or interest in such Note[s] specified herein, in the principal amount of $ in such Note[s] or interests (the “Exchange”). In connection with the Exchange, the Owner hereby certifies that:
Appears in 1 contract
Samples: Indenture (Walter Energy, Inc.)
o Check if Transfer is Pursuant to Other Exemption. (i) The Transfer is being effected pursuant to and in compliance with an exemption from the registration requirements of the Securities Act other than Rule 144, Rule 903 or Rule 904 and in compliance with the transfer restrictions contained in the Indenture and any applicable blue sky securities laws of any state State of the United States and (ii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act. Upon consummation of the proposed Transfer in accordance with the terms of the Indenture, the transferred beneficial interest or Definitive Note will not be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the Restricted Global Notes or Restricted Definitive Notes and in the Indenture. This certificate and the statements contained herein are made for your benefit and the benefit of the Company. [Insert Name of Transferor] By: Name: Title: Dated:
1. The Transferor owns and proposes to transfer the following:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ), or
(iiib) o IAI Global Note (CUSIP ); or
(b) a Restricted Definitive Note.
2. After the Transfer the Transferee will hold:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
(iv) o Unrestricted Global Note (CUSIP ); or
(b) o a Restricted Definitive Note; or
(c) o an Unrestricted Definitive Note, in accordance with the terms of the Indenture. FiberTower Corporation 000 Talecris Biotherapeutics Holdings Corp. P.O. Box 110526, 4101 Research Commons, 79 X.X. Xxxxxxxxx Drive, Research Xxxxxxxx Xxxx, Xxxxx XxxxxxXxxxxxxx 00000 Attention: Xxxx X. Xxxxxxx, Suite 4800 San FranciscoXx. The Bank of New York Mellon Trust Company, CA 94107 Xxxxx Fargo BankN.A., National Association as Trustee 00000 Xxxxxxx Xxxxxxxxxxxx, XX 00000 Telecopier No.: (000) 000-0000 Attention: Corporate Trust Services 0000 Xxxx Xxxxxx, 2nd Floor Dallas, TX 75202-2812 Administration Re: 9.007.75% Senior Secured Notes due 20[ ] (CUSIP ) 2016 Reference is hereby made to the Indenture, dated as of November 9October 21, 2006 2009 (the “Indenture”), among FiberTower CorporationTalecris Biotherapeutics Holdings Corp., as issuer (the “Company”), the Subsidiary Guarantors party theretothereto and The Bank of New York Mellon Trust Company, and Xxxxx Fargo Bank, National AssociationN.A., as Trusteetrustee. Capitalized terms used but not defined herein shall have the meanings given to them in the Indenture. , (the “Owner”) owns and proposes to exchange the Note[s] or interest in such Note[s] specified herein, in the principal amount of $ in such Note[s] or interests (the “Exchange”). In connection with the Exchange, the Owner hereby certifies that:
Appears in 1 contract
Samples: Indenture (Talecris Biotherapeutics Holdings Corp.)
o Check if Transfer is Pursuant to Other Exemption. (i) The Transfer is being effected pursuant to and in compliance with an exemption from the registration requirements of the Securities Act other than Rule 144, Rule 903 or Rule 904 and in compliance with the transfer restrictions contained in the Indenture and any applicable blue sky securities laws of any state State of the United States and (ii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act. Upon consummation of the proposed Transfer in accordance with the terms of the Indenture, the transferred beneficial interest or Definitive Note Security will not be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the Restricted Global Notes Securities or Restricted Definitive Notes Securities and in the Indenture. This certificate and the statements contained herein are made for your benefit and the benefit of the Company. Dated: [Insert Name of Transferor] By: Name: Title: Dated:
1. The Transferor owns and proposes proposed to transfer the following: [CHECK ONE OF (a) OR (b)]
(a) o a beneficial interest in the:
(i) o 144A Global Security (CUSIP ), or
(ii) o Regulation S Global Security (CUSIP ), or
(b) o a Restricted Definitive Security.
2. After the transfer the Transferee will hold:
(a) o a beneficial interest in the:
(i) o 144A Global Note Security (CUSIP ), or
(ii) o Regulation S Global Note Security (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
(b) a Restricted Definitive Note.
2. After the Transfer the Transferee will hold:
(a) a beneficial interest in the:
(i) o 144A Global Note (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
(iv) o Unrestricted Global Note Security (CUSIP ); or
(b) o a Restricted Definitive NoteSecurity; or
(c) o an Unrestricted Definitive NoteSecurity, in accordance with the terms of the Indenture. FiberTower Corporation 000 Xxxxx Tyco Electronics Group S.A. 00, xxxxxxxxx Xxxxxx, Suite 4800 San Francisco, CA 94107 Xxxxx Fargo Bank, National Association Corporate Trust Services 0000 Xxxx Xxxxxx, 2nd Floor Dallas, TX 75202-2812 Xxxxxxxx Xxxxxxxxx X-0000 Xxxxxxxxxx Attention: The Managing Directors [Trustee] [Address of Trustee] Re: 9.00% Senior Secured Notes due 20[ [insert description of the Securities] (CUSIP ) Ladies and Gentlemen, Reference is hereby made to the Indenture, dated as of November 9, 2006 (the “Indenture”), among FiberTower CorporationTyco Electronics Group S.A., as issuer a Luxembourg company (the “Company”), the Guarantors party theretoTyco Electronics Ltd., a Bermuda company (“Parent”), and Xxxxx Fargo Bank, National Associationa , as trustee (the “Trustee”) [as supplemented by that certain supplemental indenture dated as of ][and the Board Resolution adopted ] (together, the “Indenture”). Capitalized terms used but not defined herein shall have the meanings given to them in the Indenture. , (the “Owner”) owns and proposes to exchange transfer the Note[sSecurity or Securities or interest[s] or interest in such Note[s] Security or Securities specified herein, in the principal amount of $ in such Note[sSecurity or Securities or interest[s] or interests (the “Exchange”). In connection with the ExchangeTransfer, the Owner Transferor hereby certifies that:
1. Exchange of Restricted Definitive Securities or Beneficial Interests in a Restricted Global Security for Unrestricted Definitive Securities or Beneficial Interests in an Unrestricted Global Security.
(a) o Check if Exchange is from beneficial interest in a
Appears in 1 contract
Samples: Indenture (Tyco Electronics Ltd.)
o Check if Transfer is Pursuant to Other Exemption. (i) The Transfer is being effected pursuant to and in compliance with an exemption from the registration requirements of the Securities Act other than Rule 144, Rule 903 or Rule 904 and in compliance with the transfer restrictions contained in the Indenture and any applicable blue sky securities laws of any state State of the United States and (ii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act. Upon consummation of the proposed Transfer in accordance with the terms of the Indenture, the transferred beneficial interest or Definitive Note will not be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the Restricted Global Notes or Restricted Definitive Notes and in the Indenture. This certificate and the statements contained herein are made for your benefit and the benefit of the Company. [Insert Name of Transferor] By: Name: Title: Dated:
1. The Transferor owns and proposes to transfer the following:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
(b) o a Restricted Definitive Note.
2. After the Transfer the Transferee will hold:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
(iv) o Unrestricted Global Note (CUSIP ); or
(b) o a Restricted Definitive Note; or
(c) o an Unrestricted Definitive Note, in accordance with the terms of the Indenture. FiberTower Corporation NRG Energy, Inc. 000 Xxxxxxxx Xxxxx Xxxxxxxxx, XX 00000 Attention: General Counsel Law Debenture Trust Company of New York 000 Xxxxxxx Xxxxxx, Suite 4800 San FranciscoXxxxx 0X Xxx Xxxx, CA 94107 Xxxxx Fargo Bank, National Association XX 00000 Attention: Corporate Trust Services 0000 Xxxx Xxxxxx, 2nd Floor Dallas, TX 75202-2812 Department Re: 9.007.250% Senior Secured Notes due 20[ ] (CUSIP ) 2026 Reference is hereby made to the Indenture, dated as of November 9May 23, 2006 2016 (the “Indenture”), among FiberTower CorporationNRG Energy, Inc., as issuer (the “Company”), the Guarantors party thereto, thereto and Xxxxx Fargo Bank, National AssociationLaw Debenture Trust Company of New York, as Trusteetrustee. Capitalized terms used but not defined herein shall have the meanings given to them in the Indenture. , (the “Owner”) owns and proposes to exchange the Note[s] or interest in such Note[s] specified herein, in the principal amount of $ in such Note[s] or interests (the “Exchange”). In connection with the Exchange, the Owner hereby certifies that:
Appears in 1 contract
o Check if Transfer is Pursuant to Other Exemption. (i) The Transfer is being effected pursuant to and in compliance with an exemption from the registration requirements of the Securities Act other than Rule 144, Rule 903 or Rule 904 and in compliance with the transfer restrictions contained in the Indenture and any applicable blue sky securities laws of any state State of the United States and (ii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act. Upon consummation of the proposed Transfer in accordance with the terms of the Indenture, the transferred beneficial interest or Definitive Note will not be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the Restricted Global Notes or Restricted Definitive Notes and in the Indenture. This certificate and the statements contained herein are made for your benefit and the benefit of the CompanyIssuer. [Insert Name of Transferor] By: Name: Title: Dated:
1. The Transferor owns and proposes to transfer the following:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
(b) o a Restricted Definitive Note.
2. After the Transfer the Transferee will hold:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); , or*
(iv) o Unrestricted Global Note (CUSIP ); or
(b) o a Restricted Definitive Note; or*
(c) o an Unrestricted Definitive Note, ,* in accordance with the terms of the Indenture. FiberTower Corporation *Note: this form of Note shall be available only under limited circumstances as set forth in the Indenture. If not available, the Transferee shall be required to accept either a Restricted Global Note or an Unrestricted Global Note, as applicable, dependent upon the circumstances of transfer. Capmark Financial Group Inc. 000 Xxxxx XxxxxxXxxx Xxxxxxx, Suite 4800 San FranciscoXxxxxxxxxxxx 00000 Attention of: General Counsel Deutsche Bank Services Tennessee Inc. 000 Xxxxxxxxx Xxxx Xxxx Xxxxxxxxx, CA 94107 Xxxxx Fargo Bank, National Association Corporate Trust Services 0000 Xxxx Xxxxxx, 2nd Floor Dallas, TX 75202-2812 Xxxxxxxxx 00000 Attention of: Transfer Department Re: 9.006.300% Senior Secured Notes due 20[ ] Due 2017 (CUSIP ) Reference is hereby made to the Indenture, dated as of November 9May 10, 2006 2007 (the “Indenture”), among FiberTower CorporationCapmark Financial Group Inc., as issuer (the “CompanyIssuer”), the Guarantors party thereto, thereto and Xxxxx Fargo Bank, National AssociationDeutsche Bank Trust Company Americas, as Trusteetrustee. Capitalized terms used but not defined herein shall have the meanings given to them in the Indenture. , (the “Owner”) owns and proposes to exchange the Note[s] or interest in such Note[s] specified herein, in the principal amount of $ in such Note[s] or interests (the “Exchange”). In connection with the Exchange, the Owner hereby certifies that:
Appears in 1 contract
Samples: Indenture (Capmark Finance Inc.)
o Check if Transfer is Pursuant to Other Exemption. (i) The Transfer is being effected pursuant to and in compliance with an exemption from the registration requirements of the Securities Act other than Rule 144, Rule 903 or Rule 904 and in compliance with the transfer restrictions contained in the Indenture and any applicable blue sky securities laws of any state State of the United States and (ii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act. Upon consummation of the proposed Transfer in accordance with the terms of the Indenture, the transferred beneficial interest or Definitive Note will not be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the Restricted Global Notes or Restricted Definitive Notes and in the Indenture. This certificate and the statements contained herein are made for your benefit and the benefit of the Company. [Insert Name of Transferor] By: Name: Title: Dated:
1. The Transferor owns and proposes to transfer the following: [CHECK ONE OF (a) OR (b)]
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ); or
(b) o a Restricted Definitive Note.
2. After the Transfer the Transferee will hold: [CHECK ONE OF (a), (b) OR (c)]
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
(b) a Restricted Definitive Note.
2. After the Transfer the Transferee will hold:
(a) a beneficial interest in the:
(i) o 144A Global Note (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
(iv) o Unrestricted Global Note (CUSIP ); or
(b) o a Restricted Definitive Note; or
(c) o an Unrestricted Definitive Note, in accordance with the terms of the Indenture. FiberTower Corporation Videotron Ltd. 000 Xxxxx XxxxxxXx. Xxxxxxx Xxxxxx Xxxxxxxx, Suite 4800 San FranciscoXxxxxx X0X 0X0 Xxxxxx Attention: Vice President, CA 94107 Legal Affairs Xxxxx Fargo Bank, National Association Corporate Trust Services as Trustee and Registrar — DAPS Reorg. 000 Xxxxx 0xx Xxxxxx — 7th FL, MAC N0900-070, Xxxxxxxxxxx, XX 00000 Telephone No.: (000) 000-0000 Xxxx Xxxxxx, 2nd Floor Dallas, TX 75202Fax No.: (000) 000-2812 0000 Email: XXXXXxxxx@xxxxxxxxxx.xxx Re: 9.0051/8% Senior Secured Notes due 20[ ] (CUSIP ) April 15, 2027 Reference is hereby made to the Indenture, dated as of November 9April 13, 2006 2017 (the “Indenture”), among FiberTower CorporationVideotron Ltd., as issuer (the “Company”), the Subsidiary Guarantors party thereto, thereto and Xxxxx Fargo Bank, National Association, as Trusteetrustee. Capitalized terms used but not defined herein shall have the meanings given to them in the Indenture. ______________________, (the “Owner”) owns and proposes to exchange the Note[s] or interest in such Note[s] specified herein, in the principal amount of $ US$ _______________ in such Note[s] or interests (the “Exchange”). In connection with the Exchange, the Owner hereby certifies that:
Appears in 1 contract
Samples: Indenture (Quebecor Media Inc)
o Check if Transfer is Pursuant to Other Exemption. (i) The Transfer is being effected pursuant to and in compliance with an exemption from the registration requirements of the Securities Act other than Rule 144, Rule 903 or Rule 904 and in compliance with the transfer restrictions contained in the Indenture and any applicable blue sky securities laws of any state State of the United States and (ii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act. Upon consummation of the proposed Transfer in accordance with the terms of the Indenture, the transferred beneficial interest or Definitive Note will not be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the Restricted Global Notes or Restricted Definitive Notes and in the Indenture. This certificate and the statements contained herein are made for your benefit and the benefit of the Company. [Insert Name of Transferor] By: Name: Title: Dated:
1. The Transferor owns and proposes to transfer the following:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP _________), or
(ii) o Regulation S Global Note (CUSIP _________), or
(iiib) o IAI Global Note (CUSIP ); or
(b) a Restricted Definitive Note.
2. After the Transfer the Transferee will hold:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP _________), or
(ii) o Regulation S Global Note (CUSIP _________), or
(iii) o IAI Global Note (CUSIP ); or
(iv) o Unrestricted Global Note (CUSIP _________); or
(b) o a Restricted Definitive Note; or
(c) o an Unrestricted Definitive Note, in accordance with the terms of the Indenture. FiberTower Corporation 000 Prestige Brands, Inc. 00 Xxxxx XxxxxxXxxxxxxx Irvington, Suite 4800 San Francisco, CA 94107 New York 10533 Attention: Xxxxx Fargo Bank, Xxxxxxxx Telecopier No.: (000) 000-0000 U.S. Bank National Association Corporate Trust Services 00 Xxxxxxxxxx Xxxxxx St. Xxxx, Minnesota 55107 Attention: Xxxxxxx X. Xxxxxxxxxx Telecopier No.: (000) 000-0000 Xxxx Xxxxxx, 2nd Floor Dallas, TX 75202-2812 Re: 9.008.25% Senior Secured Notes due 20[ ] (CUSIP ) 2018 Reference is hereby made to the Indenture, dated as of November 9March 24, 2006 2010 (the “Indenture”), among FiberTower CorporationPrestige Brands, Inc., as issuer (the “Company”), the Guarantors party thereto, thereto and Xxxxx Fargo Bank, U.S. Bank National Association, as Trusteetrustee. Capitalized terms used but not defined herein shall have the meanings given to them in the Indenture. , __________________________ (the “Owner”) owns and proposes to exchange the Note[s] or interest in such Note[s] specified herein, in the principal amount of $ $____________ in such Note[s] or interests (the “Exchange”). In connection with the Exchange, the Owner hereby certifies that:
Appears in 1 contract
o Check if Transfer is Pursuant to Other Exemption. (i) The Transfer is being effected pursuant to and in compliance with an exemption from the registration requirements of the Securities Act other than Rule 144, Rule 903 or Rule 904 and in compliance with the transfer restrictions contained in the Indenture and any applicable blue sky securities laws of any state State of the United States and (ii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act. Upon consummation of the proposed Transfer in accordance with the terms of the Indenture, the transferred beneficial interest or Definitive Note 2022 Security will not be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the Restricted Global Notes 2022 Securities or Restricted Definitive Notes 2022 Securities and in the Indenture. Unless one of the boxes is checked, the Trustee will refuse to register any of the 2022 Notes evidenced by this certificate in the name of any Person other than the registered Holder thereof; provided, however, that the Company or the Trustee may require, prior to registering any such transfer of the 2022 Notes, such legal opinions, certifications and other information as the Company or the Trustee has reasonably requested to confirm that such transfer is being made pursuant to an exemption from, or in a transaction not subject to, the registration requirements of the Securities Act. This certificate and the statements contained herein are made for your benefit and the benefit of the Company. [Insert Name of Transferor] By: Name: Title: Dated:
1. The Transferor owns and proposes to transfer the following:
(a) o a beneficial interest in the:
(i) o 144A Global Note 2022 Security (CUSIP CUSIP/ISIN ), or
(ii) o Regulation S Global Note 2022 Security (CUSIP CUSIP/ISIN ), or
(iiib) o IAI Global Note (CUSIP ); or
(b) a Restricted Definitive Note2022 Security.
2. After the Transfer the Transferee will hold:
(a) o a beneficial interest in the:
(i) o 144A Global Note 2022 Security (CUSIP CUSIP/ISIN ), or
(ii) o Regulation S Global Note 2022 Security (CUSIP CUSIP/ISIN ), or
(iii) o IAI Global Note (CUSIP ); or
(iv) o Unrestricted Global Note 2022 Security (CUSIP CUSIP/ISIN ); , or
(b) o a Restricted Definitive Note2022 Security; or
(c) o an Unrestricted Definitive Note2022 Security, in accordance with the terms of the Indenture. FiberTower Corporation 000 Xxxxx-Xxxxxxxx Glass Container, Inc. c/o Owens-Illinois Group, Inc. One O-I Plaza One Xxxxxxx Xxxxx XxxxxxXxx Xxxxxxxxxx, Suite 4800 San Francisco, CA 94107 Xxxxx Fargo Bank, National Association Corporate Trust Services 0000 Xxxx Xxxxxx, 2nd Floor Dallas, TX 75202-2812 ReXX 00000 Attention: 9.00% Senior Secured Notes due 20[ ] Treasurer (CUSIP CUSIP/ISIN ) Reference is hereby made to the Indenture, dated as of November 9December 3, 2006 2014 (the “Indenture”), by and among FiberTower CorporationXxxxx-Xxxxxxxx Glass Container Inc., as issuer (the “Company”), the Guarantors party thereto, and Xxxxx Fargo Bank, U.S. Bank National Association, as Trusteetrustee. Capitalized terms used but not defined herein shall have the meanings given to them in the Indenture. , (the “OwnerTransferor”) owns and proposes to exchange transfer the 2025 Note[s] or interest in such 2025 Note[s] specified hereinin Annex A hereto, in the principal amount of $ in such 2025 Note[s] or interests (the “ExchangeTransfer”), to (the “Transferee”), as further specified in Annex A hereto. In connection with the ExchangeTransfer, the Owner Transferor hereby certifies that:: [CHECK ALL THAT APPLY]
Appears in 1 contract
Samples: Indenture (Owens-Illinois Group Inc)
o Check if Transfer is Pursuant to Other Exemption. (i) The Transfer is being effected pursuant to and in compliance with an exemption from the registration requirements of the Securities Act other than Rule 144, Rule 903 or Rule 904 and in compliance with the transfer restrictions contained in the Indenture and any applicable blue sky securities laws of any state State of the United States and (ii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act. Upon consummation of the proposed Transfer in accordance with the terms of the Indenture, the transferred beneficial interest or Definitive Note will not be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the Restricted Global Notes or Restricted Definitive Notes and in the Indenture. This certificate and the statements contained herein are made for your benefit and the benefit of the CompanyIssuers. [Insert Name of Transferor] By: Name: Title: Dated:
1. The Transferor owns and proposes to transfer the following:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP 000000XX0), or
(ii) o Regulation S Global Note (CUSIP X00000XX0), or
(iii) o IAI Global Note (CUSIP ); or
(b) o a Restricted Definitive Note.
2. After the Transfer the Transferee will hold:
(a) a beneficial interest in the:
(i) o 144A Global Note (CUSIP 000000XX0), or
(ii) o Regulation S Global Note (CUSIP X00000XX0), or
(iii) o IAI Global Note (CUSIP ); or
(iv) o Unrestricted Global Note (CUSIP ); or
(b) o a Restricted Definitive Note; or
(c) o an Unrestricted Definitive Note, in accordance with the terms of the Indenture. FiberTower Corporation 000 Xxxxx XxxxxxFerrellgas Partners, L.P. and Ferrellgas Partners Finance Corp. 0000 Xxxxxxx Xxxxxxxxx Suite 4800 San Francisco1000 Overland Park, CA 94107 Xxxxx Fargo Bank, Kansas 66210 Attention: Investor Relations U.S. Bank National Association Corporate Trust Services 0000 000 Xxxx Xxxxxx, 2nd Floor DallasXxxxx 0000 New York, TX 75202-2812 ReNY 10005 RE: 9.00% 8⅝% Senior Secured Notes due 20[ ] (CUSIP ) 2020 Reference is hereby made to the Indenture, dated as of November 9April 13, 2006 2010, among Ferrellgas Partners, L.P. and Ferrellgas Partners Finance Corp. (together, the “Issuers”), as Issuers, and U.S. Bank National Association, as trustee, as supplemented by the First Supplemental Indenture, dated as of April 13, 2010, and the Second Supplemental Indenture, dated as of January 30, 2017 (as supplemented, the “Indenture”), among FiberTower Corporation, as issuer (the “Company”), the Guarantors party thereto, and Xxxxx Fargo Bank, National Association, as Trustee. Capitalized terms used but not defined herein shall have the meanings given to them in the Indenture. , (the “Owner”) owns and proposes to exchange the Note[s] or interest in such Note[s] specified herein, in the principal amount of $ in such Note[s] or interests (the “Exchange”). In connection with the Exchange, the Owner hereby certifies that:
Appears in 1 contract
Samples: Second Supplemental Indenture (Ferrellgas Partners Finance Corp)
o Check if Transfer is Pursuant to Other Exemption. (i) The Transfer is being effected pursuant to and in compliance with an exemption from the registration requirements of the Securities Act other than Rule 144, Rule 903 or Rule 904 and in compliance with the transfer restrictions contained in the Indenture and any applicable blue sky securities laws of any state State of the United States and (ii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act. Upon consummation of the proposed Transfer in accordance with the terms of the Indenture, the transferred beneficial interest or Definitive Note will not be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the Restricted Global Notes or Restricted Definitive Notes and in the Indenture. This certificate and the statements contained herein are made for your benefit and the benefit of the Company. [Insert Name of Transferor] By: Name: Title: Dated:_______________________
1. The Transferor owns and proposes to transfer the following:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP CUSIP_________________), or
(ii) o Regulation S Global Note (CUSIP CUSIP_________________), or
(iii) o IAI Global Note (CUSIP CUSIP_________________); or
(b) o a Restricted Definitive Note.
2. After the Transfer the Transferee will hold:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP CUSIP_________________), or
(ii) o Regulation S Global Note (CUSIP CUSIP_________________), or
(iii) o IAI Global Note (CUSIP CUSIP_________________); or
(iv) o Unrestricted Global Note (CUSIP CUSIP_________________); or
(b) o a Restricted Definitive Note; or
(c) o an Unrestricted Definitive Note, in accordance with the terms of the Indenture. FiberTower Corporation 000 Xxxxx Emmis Operating Company One Emmis Plaza 40 Xxxxxxxx Xxxxxx, Suite 4800 San FranciscoXxxxx 000 Xxxxxxxxxxxx, CA 94107 Xxxxxxx 00000 The Bank of Nova Scotia Trust Company of New York Oxx Xxxxxxx Xxxxx, 00xx Xxxxx Fargo BankXxx Xxxx, National Association Corporate Trust Services 0000 Xxxx Xxxxxx, 2nd Floor Dallas, TX 75202-2812 XX 00000 Re: 9.006 7/8% Senior Secured Subordinated Notes due 20[ ] 2012 (CUSIP CUSP _______________) Reference is hereby made to the Indenture, dated as of November 9May 10, 2006 2004 (the “"Indenture”), among FiberTower CorporationEmmis Operating Company, as issuer (the “Company”), the Guarantors party thereto, thereto and Xxxxx Fargo Bank, National AssociationThe Bank of Nova Scotia Trust Company of New York, as Trusteetrustee. Capitalized terms used but not defined herein shall have the meanings given to them in the Indenture. _______________________, (the “Owner”) owns and proposes to exchange the Note[s] or interest in such Note[s] specified herein, in the principal amount of $ $_______________in such Note[s] or interests (the “Exchange”). In connection with the Exchange, the Owner hereby certifies that:
Appears in 1 contract
Samples: Indenture (Emmis Operating Co)
o Check if Transfer is Pursuant to Other Exemption. (i) The Transfer is being effected pursuant to and in compliance with an exemption from the registration requirements of the Securities Act other than Rule 144, Rule 903 144 or Rule 904 and in compliance with the transfer restrictions contained in the Indenture and any applicable blue sky securities laws of any state of the United States and (ii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act. Upon consummation of the proposed Transfer in accordance with the terms of the Indenture, the transferred beneficial interest or Definitive Note Security will not be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the Restricted Global Notes Securities or Restricted Definitive Notes Securities and in the Indenture. This certificate and the statements contained herein are made for your benefit and the benefit of the CompanyCompany and the Guarantor. [Insert Name of Transferor] By: Name: Title: Dated:: ,
1. The Transferor owns and proposes to transfer the following:: [CHECK ONE OF (a) OR (b)]
(a) o a beneficial interest in the:
(i) o 144A a Global Note Security (CUSIP [ ]), or
(iib) o Regulation S Global Note (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
(b) a Restricted Definitive NoteSecurity (CUSIP [ ]).
2. After the Transfer the Transferee will hold:: [CHECK ONE]
(a) o a beneficial interest in the:
(i) o 144A a Global Note Security (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
(iv) o Unrestricted Global Note (CUSIP [ ]); or
(b) o a Restricted Definitive NoteSecurity (CUSIP [ ]); or
(c) o an Unrestricted Definitive NoteSecurity (CUSIP [ ]), in accordance with the terms of the Indenture. FiberTower Corporation Xxxxxx Industries, Inc. 000 Xxxx Xxxxxx Xxxx, Xxxxx Xxxxxx0000 Xxxxxxx, Suite 4800 San Francisco, CA 94107 Xxxxx Fargo Bank00000 Attention: General Counsel Wilmington Trust, National Association Corporate Trust Services Xxxxxx Square North 0000 Xxxx X. Xxxxxx Xxxxxx Xxxxxxxxxx, Xxxxxxxx 00000 Attention: Xxxxxx Industries Administrator Citibank, N.A. 000 Xxxxxxxxx Xxxxxx, 2nd Floor Dallas00xx Xxxxx Xxx Xxxx, TX 75202-2812 Xxx Xxxx 00000 Attention: Xxxxx X. Xxxxxxxxxx Re: 9.005.5% Senior Secured Notes due 20[ ] (2023 CUSIP 629568 BC9(1) CUSIP U6295Y AH6(2) Reference is hereby made to the Indenture, dated as of November December 9, 2006 2016 (the “Indenture”), among FiberTower CorporationXxxxxx Industries, Inc., as issuer (the “Company”), Xxxxxx Industries Ltd., as guarantor (the Guarantors party thereto“Guarantor”), and Xxxxx Fargo BankWilmington Trust, National Association, as Trusteetrustee, and Citibank, N.A., as securities administrator. Capitalized terms used but not defined herein shall have the meanings given to them in the Indenture. , (the “Owner”) owns and proposes to exchange the Note[sSecurity[ies] or beneficial interest in such Note[sSecurity[ies] specified hereinabove, in the principal amount of $ in such Note[s] or interests (the “Exchange”). In connection with the Exchange, the Owner hereby certifies that:
1. EXCHANGE OF RESTRICTED DEFINITIVE SECURITIES OR BENEFICIAL INTERESTS IN A RESTRICTED GLOBAL SECURITY FOR UNRESTRICTED DEFINITIVE SECURITIES OR BENEFICIAL INTERESTS IN AN UNRESTRICTED GLOBAL SECURITY:
(a) [ ] CHECK IF EXCHANGE IS FROM BENEFICIAL INTEREST IN A RESTRICTED GLOBAL SECURITY TO BENEFICIAL INTEREST IN AN UNRESTRICTED
(1) For Securities sold in reliance on Rule 144A.
(2) For Securities sold in reliance on Regulation S. GLOBAL SECURITY. In connection with the Exchange of the Owner’s beneficial interest in a Restricted Global Security for a beneficial interest in an Unrestricted Global Security in an equal principal amount, the Owner hereby certifies (i) the beneficial interest is being acquired for the Owner’s own account without transfer, (ii) such Exchange has been effected in compliance with the transfer restrictions applicable to the Global Securities and pursuant to and in accordance with the Securities Act of 1933, as amended (the “Securities Act”), (iii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act and (iv) the beneficial interest in an Unrestricted Global Security is being acquired in compliance with any applicable “blue sky” securities laws of any state of the United States.
(b) o CHECK IF EXCHANGE IS FROM BENEFICIAL INTEREST IN A RESTRICTED GLOBAL SECURITY TO UNRESTRICTED DEFINITIVE SECURITY. In connection with the Exchange of the Owner’s beneficial interest in a Restricted Global Security for an Unrestricted Definitive Security, the Owner hereby certifies (i) the Definitive Security is being acquired for the Owner’s own account without transfer, (ii) such Exchange has been effected in compliance with the transfer restrictions applicable to the Restricted Global Securities and pursuant to and in accordance with the Securities Act, (iii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act and (iv) the Definitive Security is being acquired in compliance with any applicable “blue sky” securities laws of any state of the United States.
(c) o CHECK IF EXCHANGE IS FROM RESTRICTED DEFINITIVE SECURITY TO BENEFICIAL INTEREST IN AN UNRESTRICTED GLOBAL SECURITY. In connection with the Owner’s Exchange of a Restricted Definitive Security for a beneficial interest in an Unrestricted Global Security, the Owner hereby certifies (i) the beneficial interest is being acquired for the Owner’s own account without transfer, (ii) such Exchange has been effected in compliance with the transfer restrictions applicable to Restricted Definitive Securities and pursuant to and in accordance with the Securities Act, (iii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act and (iv) the beneficial interest is being acquired in compliance with any applicable “blue sky” securities laws of any state of the United States.
(d) o CHECK IF EXCHANGE IS FROM RESTRICTED DEFINITIVE SECURITY TO UNRESTRICTED DEFINITIVE SECURITY. In connection with the Owner’s Exchange of a Restricted Definitive Security for an Unrestricted Definitive Security, the Owner hereby certifies (i) the Unrestricted Definitive Security is being acquired for the Owner’s own account without transfer, (ii) such Exchange has been effected in compliance with the transfer restrictions applicable to Restricted Definitive Securities and pursuant to and in accordance with the Securities Act, (iii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act and (iv) the Unrestricted Definitive Security is being acquired in compliance with any applicable “blue sky” securities laws of any state of the United States.
2. EXCHANGE OF RESTRICTED DEFINITIVE SECURITIES OR BENEFICIAL INTERESTS IN RESTRICTED GLOBAL SECURITIES FOR RESTRICTED DEFINITIVE SECURITIES OR BENEFICIAL INTERESTS IN RESTRICTED GLOBAL SECURITIES:
(a) o CHECK IF EXCHANGE IS FROM BENEFICIAL INTEREST IN A RESTRICTED GLOBAL SECURITY TO RESTRICTED DEFINITIVE SECURITY. In connection with the Exchange of the Owner’s beneficial interest in a Restricted Global Security for a Restricted Definitive Security with an equal principal amount, the Owner hereby certifies that the Restricted Definitive Security is being acquired for the Owner’s own account without transfer. Upon consummation of the proposed Exchange in accordance with the terms of the Indenture, the Restricted Definitive Security issued will continue to be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the Restricted Definitive Security and in the Indenture and the Securities Act.
(b) o CHECK IF EXCHANGE IS FROM RESTRICTED DEFINITIVE SECURITY TO BENEFICIAL INTEREST IN A RESTRICTED GLOBAL SECURITY. In connection with the Exchange of the Owner’s Restricted Definitive Security for a beneficial interest in the [CHECK ONE] [ ] 144A Global Security or [ ] Regulation S Global Security in an equal principal amount, the Owner hereby certifies (i) the beneficial interest is being acquired for the Owner’s own account without transfer and (ii) such Exchange has been effected in compliance with the transfer restrictions applicable to the Restricted Global Securities and pursuant to and in accordance with the Securities Act, and in compliance with any applicable “blue sky” securities laws of any state of the United States. Upon consummation of the proposed Exchange in accordance with the terms of the Indenture, the beneficial interest issued will be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the relevant Restricted Global Security and in the Indenture and the Securities Act.
Appears in 1 contract
Samples: Indenture (Nabors Industries LTD)
o Check if Transfer is Pursuant to Other Exemption. (i) The Transfer is being effected pursuant to and in compliance with an exemption from the registration requirements of the Securities Act other than Rule 144, Rule 903 or Rule 904 and in compliance with the transfer restrictions contained in the Indenture and any applicable blue sky securities laws of any state State of the United States and (ii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act. Upon consummation of the proposed Transfer in accordance with the terms of the Indenture, the transferred beneficial interest or Definitive Note will not be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the Restricted Global Notes or Restricted Definitive Notes and in the Indenture. This certificate and the statements contained herein are made for your benefit and the benefit of the Companybenefit. [Insert Name of Transferor] By: Name: Title: Dated:
1. The Transferor owns and proposes to transfer the following:
(a) o a beneficial interest in thethe [CHECK (i), (ii) OR (iii)]:
(i) o 144A Global Note (CUSIP [·]), or,
(ii) o Regulation S Temporary Global Note (CUSIP [·]), or,
(iii) o IAI Regulation S Permanent Global Note (CUSIP [·]); or
(b) o a Restricted Definitive Note.
2. After the Transfer the Transferee will hold:
(a) o a beneficial interest in thethe [CHECK (i), (ii) OR (iii)]:
(i) o 144A Global Note (CUSIP [·]), or
(ii) o Regulation S Global Note (CUSIP [·]), or
(iii) o IAI Global Note (CUSIP ); or
(iv) o Unrestricted Global Note (CUSIP ); or
(b) o a Restricted Definitive Note; or
(c) o an Unrestricted Definitive Note, in accordance with the terms of the Indenture. FiberTower Corporation Xxxxxxxx Resources US Inc. 000 Xxxxx XxxxxxXxxxxx Xxxxxx Suite 200 Fort Worth, Suite 4800 San Francisco, CA 94107 Xxxxx Fargo TX 76107 Attention: Legal Department UMB Bank, National Association Corporate Trust Services 0000 Xxxx Xxxxxx, 2nd Floor Dallas, TX 75202-2812 N.A. [·] Attention: [·] Re: 9.0011.250% Senior Secured Notes due 20[ ] 2023 (CUSIP [ · ]) Reference is hereby made to the Indenture, dated as of November 9January 4, 2006 2018 (the “Indenture”), among FiberTower CorporationXxxxxxxx Resources America Inc., as issuer a Delaware corporation (the “Company”), the Guarantors party thereto, thereto and Xxxxx Fargo UMB Bank, National AssociationN.A., as Trustee. Capitalized terms used but not defined herein shall have the meanings given to them in the Indenture. , (the “Owner”) owns and proposes to exchange the Note[s] or interest in such Note[s] specified herein, in the principal amount of $ in such Note[s] or interests (the “Exchange”). In connection with the Exchange, the Owner hereby certifies that:
Appears in 1 contract
o Check if Transfer is Pursuant to Other Exemption. (i) The Transfer is being effected pursuant to and in compliance with an exemption from the registration requirements of the Securities Act other than Rule 144, Rule 903 or Rule 904 and in compliance with the transfer restrictions contained in the Indenture and any applicable blue sky securities laws of any state State of the United States and (ii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act. Upon consummation of the proposed Transfer in accordance with the terms of the Indenture, the transferred beneficial interest or Definitive Note will not be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the Restricted Global Notes or Restricted Definitive Notes and in the Indenture. This certificate and the statements contained herein are made for your benefit and the benefit of the CompanyIssuers. Dated: [Insert Name of Transferor] By: Name: Title: Dated:
1. The Transferor owns and proposes to transfer the following: [CHECK ONE OF (a) OR (b)]
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ), or
(b) o a Restricted Definitive Note.
2. After the Transfer the Transferee will hold: [CHECK ONE]
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
(b) a Restricted Definitive Note.
2. After the Transfer the Transferee will hold:
(a) a beneficial interest in the:
(i) o 144A Global Note (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
(iv) o Unrestricted Global Note (CUSIP ); or
(b) o a Restricted Definitive Note; or
(c) o an Unrestricted Definitive Note, in accordance with the terms of the Indenture. FiberTower Corporation 000 Xxxxxxx Dynamics, L.L.C. Xxxxxxx Dynamics Finance Company 0000 Xxxxx Xxxxxx00xx Xxxxxx Xxxxxxxxx, Suite 4800 San Francisco, CA 94107 Xxxxx Fargo Bank, XX 00000 U.S. Bank National Association Corporate Trust Services 0000 Xxxx Xxxxxx00 Xxxxxxxxxx Xxxxxx St. Xxxx, 2nd Floor Dallas, TX 75202MN 55107-2812 2292 Re: 9.0073/4% Senior Secured Notes due 20[ ] (CUSIP ) 2012 Dear Sirs: Reference is hereby made to the Indenture, dated as of November 9December 16, 2006 2004 (the “Indenture”), among FiberTower CorporationXxxxxxx Dynamics, as issuer L.L.C., a Delaware limited liability company (the “Company”), and Xxxxxxx Dynamics Finance Company, a Delaware corporation (the “Finance Company,” and together with the Company, the “Issuers”), as Issuers, the Guarantors party thereto, thereto and Xxxxx Fargo Bank, U.S. Bank National Association, as Trusteetrustee. Capitalized terms used but not defined herein shall have the meanings given to them in the Indenture. , (the “Owner”) owns and proposes to exchange the Note[s] or interest in such Note[s] specified herein, in the principal amount of $ in such Note[s] or interests (the “Exchange”). In connection with the Exchange, the Owner hereby certifies that:
Appears in 1 contract
Samples: Indenture (Douglas Dynamics, Inc)
o Check if Transfer is Pursuant to Other Exemption. (i) The Transfer is being effected pursuant to and in compliance with an exemption from the registration requirements of the Securities Act other than Rule 144, Rule 903 or Rule 904 and in compliance with the transfer restrictions contained in the Indenture and any applicable blue sky securities laws of any state State of the United States and (ii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act. Upon consummation of the proposed Transfer in accordance with the terms of the Indenture, the transferred beneficial interest or Definitive Note will not be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the Restricted Global Notes or Restricted Definitive Notes and in the Indenture. This certificate and the statements contained herein are made for your benefit and the benefit of the Company. [Insert Name of Transferor] By: Name: Title: Dated:
1. The Transferor owns and proposes to transfer the following:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
(b) o a Restricted Definitive Note.
2. After the Transfer the Transferee will hold:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
(iv) o Unrestricted Global Note (CUSIP ); or
(b) o a Restricted Definitive Note; or
(c) o an Unrestricted Definitive Note, in accordance with the terms of the Indenture. FiberTower Stratos Global Corporation 6000 Xxxxxxxxx Xxxxx, Xxxxx 000 Xxxxx XxxxxxXxxxxxxx, Suite 4800 San Francisco, CA 94107 Xxxxx Fargo BankXxxxxxxx 00000 Attention: General Counsel J.X. Xxxxxx Trust Company, National Association Corporate Trust Services 0000 Xxxx 200 X. Xxxxxx, 2nd 26th Floor DallasChicago, TX 75202IL 60606 Attention : Worldwide Securities Services Facsimile No.: 300-2812 000-0000 Re: 9.0097/8% Senior Secured Notes due 20[ ] (CUSIP ) February 15, 2013 Reference is hereby made to the Indenture, dated as of November 9February 13, 2006 (the “Indenture”), among FiberTower Stratos Global Corporation, as issuer (the “Company”), the Guarantors party thereto, thereto and Xxxxx Fargo BankJ.X. Xxxxxx Trust Company, National Association, as Trusteetrustee. Capitalized terms used but not defined herein shall have the meanings given to them in the Indenture. , (the “Owner”) owns and proposes to exchange the Note[s] or interest in such Note[s] specified herein, in the principal amount of $ US$ in such Note[s] or interests (the “Exchange”). In connection with the Exchange, the Owner hereby certifies that:
1. Exchange of Restricted Definitive Notes or Beneficial Interests in a Restricted Global Note for Unrestricted Definitive Notes or Beneficial Interests in an Unrestricted Global Note evidencing the same indebtedness as the Restricted Global Note
(a) o Check if Exchange is from beneficial interest in a Restricted Global Note to beneficial interest in an Unrestricted Global Note. In connection with the Exchange of the Owner’s beneficial interest in a Restricted Global Note for a beneficial interest in an Unrestricted Global Note in an equal principal amount, the Owner hereby certifies (i) the beneficial interest is being acquired for the Owner’s own account without transfer, (ii) such Exchange has been effected in compliance with the transfer restrictions applicable to the Restricted Global Note and pursuant to and in accordance with the United States Securities Act of 1933, as amended (the “Securities Act”), (iii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act and (iv) the beneficial interest in an Unrestricted Global Note is being acquired in compliance with any applicable blue sky securities laws of any state of the United States.
(b) o Check if Exchange is from beneficial interest in a
Appears in 1 contract
Samples: Indenture (Stratos Funding, LP)
o Check if Transfer is Pursuant to Other Exemption. (i) The Transfer is being effected pursuant to and in compliance with an exemption from the registration requirements of the Securities Act other than Rule 144, Rule 903 144 or Rule 904 and in compliance with the transfer restrictions contained in the Indenture and any applicable blue sky securities laws of any state of the United States and (ii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act. Upon consummation of the proposed Transfer in accordance with the terms of the Indenture, the transferred beneficial interest or Definitive Note Security will not be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the Restricted Global Notes Securities or Restricted Definitive Notes Securities and in the Indenture. This certificate and the statements contained herein are made for your benefit and the benefit of the CompanyCompany and the Guarantor. [Insert Name of Transferor] By: Name: Title: Dated:: ,
1. The Transferor owns and proposes to transfer the following:: [CHECK ONE OF (a) OR (b)]
(a) o a beneficial interest in the:
(i) o 144A a Global Note Security (CUSIP [ ]), or
(iib) o Regulation S Global Note (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
(b) a Restricted Definitive NoteSecurity (CUSIP [ ]).
2. After the Transfer the Transferee will hold:: [CHECK ONE]
(a) o a beneficial interest in the:
(i) o 144A a Global Note Security (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
(iv) o Unrestricted Global Note (CUSIP [ ]); or
(b) o a Restricted Definitive NoteSecurity (CUSIP [ ]); or
(c) o an Unrestricted Definitive NoteSecurity (CUSIP [ ]), in accordance with the terms of the Indenture. FiberTower Corporation Xxxxxx Industries, Inc. 000 Xxxx Xxxxxx Xxxx, Xxxxx Xxxxxx0000 Xxxxxxx, Suite 4800 San Francisco, CA 94107 Xxxxx Fargo Bank00000 Attention: General Counsel Wilmington Trust, National Association Corporate Trust Services Xxxxxx Square North 0000 Xxxx X. Xxxxxx Xxxxxx Xxxxxxxxxx, Xxxxxxxx 00000 Attention: Xxxxxx Industries Administrator Citibank, N.A. 000 Xxxxxxxxx Xxxxxx, 2nd Floor Dallas00xx Xxxxx Xxx Xxxx, TX 75202-2812 Xxx Xxxx 00000 Attention: Xxxxx X. Xxxxxxxxxx Re: 9.005.75% Senior Secured Notes due 20[ ] (2025 CUSIP 62957H AD7(1) CUSIP U6295Y AJ2(2) Reference is hereby made to the Indenture, dated as of November 9January 23, 2006 2018 (the “Indenture”), among FiberTower CorporationXxxxxx Industries, Inc., as issuer (the “Company”), Xxxxxx Industries Ltd., as guarantor (the Guarantors party thereto“Guarantor”), and Xxxxx Fargo BankWilmington Trust, National Association, as Trusteetrustee, and Citibank, N.A., as securities administrator. Capitalized terms used but not defined herein shall have the meanings given to them in the Indenture. , (the “Owner”) owns and proposes to exchange the Note[sSecurity[ies] or beneficial interest in such Note[sSecurity[ies] specified hereinabove, in the principal amount of $ in such Note[s] or interests (the “Exchange”). In connection with the Exchange, the Owner hereby certifies that:
1. EXCHANGE OF RESTRICTED DEFINITIVE SECURITIES OR BENEFICIAL INTERESTS IN A RESTRICTED GLOBAL SECURITY FOR UNRESTRICTED DEFINITIVE SECURITIES OR BENEFICIAL INTERESTS IN AN UNRESTRICTED GLOBAL SECURITY:
(a) o CHECK IF EXCHANGE IS FROM BENEFICIAL INTEREST IN A RESTRICTED GLOBAL SECURITY TO BENEFICIAL INTEREST IN AN UNRESTRICTED
Appears in 1 contract
Samples: Indenture (Nabors Industries LTD)
o Check if Transfer is Pursuant to Other Exemption. (i) The Transfer is being effected pursuant to and in compliance with an exemption from the registration requirements of the Securities Act other than Rule 144, Rule 903 or Rule 904 and in compliance with the transfer restrictions contained in the Indenture and any applicable blue sky securities laws of any state State of the United States and (ii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act. Upon consummation of the proposed Transfer in accordance with the terms of the Indenture, the transferred beneficial interest or Definitive Note will not be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the Restricted Global Notes or Restricted Definitive Notes and in the Indenture. This certificate and the statements contained herein are made for your benefit and the benefit of the Company. [Insert Name of Transferor] By: Name: Title: Dated:
1. The Transferor owns and proposes to transfer the following:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ), or
(iiib) o IAI Global Note (CUSIP ); or
(b) a Restricted Definitive Note.
2. After the Transfer the Transferee will hold:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
(iv) o Unrestricted Global Note (CUSIP ); or
(b) o a Restricted Definitive Note; or
(c) o an Unrestricted Definitive Note, in accordance with the terms of the Indenture. FiberTower Corporation La Quinta Properties, Inc. 000 Xxxxxx Xxxxx, Xxxxx 000 Xxxxxx, Suite 4800 San Francisco, CA 94107 Xxxxx Fargo Bank, 00000 Attention: General Counsel U.S. Bank Trust National Association 000 Xxxx Xxxxxx, Xxxxx 0000 Xxx Xxxx, XX 00000 Attention: Corporate Trust Services Facsimile No.: (000) 000-0000 Xxxx Xxxxxx, 2nd Floor Dallas, TX 75202-2812 Re: 9.008 7/8% Senior Secured Notes due 20[ ] (CUSIP ) 2011 Reference is hereby made to the Indenture, dated as of November 9March 19, 2006 2003 (the “Indenture”), among FiberTower CorporationLa Quinta Properties, Inc., as issuer (the “Company”), the Guarantors party thereto, thereto and Xxxxx Fargo Bank, U.S. Bank Trust National Association, as Trustee. Capitalized terms used but not defined herein shall have the meanings given to them in the Indenture. , (the “Owner”) owns and proposes to exchange the Note[s] or interest in such Note[s] specified herein, in the principal amount of $ in such Note[s] or interests (the “Exchange”). In connection with the Exchange, the Owner hereby certifies that:
Appears in 1 contract
Samples: Indenture (La Quinta Properties Inc)
o Check if Transfer is Pursuant to Other Exemption. (i) The Transfer is being effected pursuant to and in compliance with an exemption from the registration requirements of the Securities Act other than Rule 144, Rule 903 or Rule 904 and in compliance with the transfer restrictions contained in the Indenture and any applicable blue sky securities laws of any state State of the United States and (ii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act. Upon consummation of the proposed Transfer in accordance with the terms of the Indenture, the transferred beneficial interest or Definitive Note will not be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the Restricted Global Notes or Restricted Definitive Notes and in the Indenture. This certificate and the statements contained herein are made for your benefit and the benefit of the Company. [Insert Name of Transferor] By: Name: Title: Dated:
1. The Transferor owns and proposes to transfer the following: [CHECK ONE OF (a) OR (b)]
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ); or
(b) o a Restricted Definitive Note.
2. After the Transfer the Transferee will hold: [CHECK ONE OF (a), (b) OR (c)]
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
(b) a Restricted Definitive Note.
2. After the Transfer the Transferee will hold:
(a) a beneficial interest in the:
(i) o 144A Global Note (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
(iv) o Unrestricted Global Note (CUSIP ); or
(b) o a Restricted Definitive Note; or
(c) o an Unrestricted Definitive Note, in accordance with the terms of the Indenture. FiberTower Corporation Videotron Ltd. 000 Xxxxx XxxxxxXx. Xxxxxxx Xxxxxx Xxxxxxxx, Suite 4800 San FranciscoXxxxxx X0X 0X0 Xxxxxx Attention: Vice President, CA 94107 Legal Affairs Xxxxx Fargo Bank, National Association Corporate Trust Services as Trustee and Registrar — DAPS Reorg. 000 Xxxxx 0xx Xxxxxx — 7th FL, MAC N0900-070, Xxxxxxxxxxx, XX 00000 Telephone No.: (000) 000-0000 Xxxx Xxxxxx, 2nd Floor Dallas, TX 75202Fax No.: (000) 000-2812 0000 Email: XXXXXxxxx@xxxxxxxxxx.xxx Re: 9.0051/8% Senior Secured Notes due 20[ ] (CUSIP ) April 15, 2027 Reference is hereby made to the Indenture, dated as of November 9April 13, 2006 2017 (the “Indenture”), among FiberTower CorporationVideotron Ltd., as issuer (the “Company”), the Subsidiary Guarantors party thereto, thereto and Xxxxx Fargo Bank, National Association, as Trusteetrustee. Capitalized terms used but not defined herein shall have the meanings given to them in the Indenture. , (the “Owner”) owns and proposes to exchange the Note[s] or interest in such Note[s] specified herein, in the principal amount of $ US$ in such Note[s] or interests (the “Exchange”). In connection with the Exchange, the Owner hereby certifies that:
Appears in 1 contract
Samples: Indenture (Videotron Ltee)
o Check if Transfer is Pursuant to Other Exemption. (i) The Transfer is being effected pursuant to and in compliance with an exemption from the registration requirements of the Securities Act other than Rule 144, Rule 903 or Rule 904 and in compliance with the transfer restrictions contained in the Indenture and any applicable blue sky securities laws of any state State of the United States and (ii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act. Upon consummation of the proposed Transfer in accordance with the terms of the Indenture, the transferred beneficial interest or Definitive Note Security will not be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the Restricted Global Notes Securities or Restricted Definitive Notes Securities and in the Indenture. This certificate and the statements contained herein are made for your benefit and the benefit of the Company. Dated: [Insert Name of Transferor] By: Name: Title: Dated:
1. The Transferor owns and proposes proposed to transfer the following: [CHECK ONE OF (a) OR (b)]
(a) o a beneficial interest in the:
(i) o 144A Global Security (CUSIP ), or
(ii) o Regulation S Global Security (CUSIP ), or
(b) o a Restricted Definitive Security.
2. After the transfer the Transferee will hold:
(a) o a beneficial interest in the:
(i) o 144A Global Note Security (CUSIP ), or
(ii) o Regulation S Global Note Security (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
(b) a Restricted Definitive Note.
2. After the Transfer the Transferee will hold:
(a) a beneficial interest in the:
(i) o 144A Global Note (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
(iv) o Unrestricted Global Note Security (CUSIP ); or
(b) o a Restricted Definitive NoteSecurity; or
(c) o an Unrestricted Definitive NoteSecurity, in accordance with the terms of the Indenture. FiberTower The ADT Corporation 000 Xxxxx Xxxxxx0000 Xxxxxx Xxxx Xxxx Xxxxx, Suite 4800 San Francisco, CA 94107 XX 00000 Attention: Treasury Department Xxxxx Fargo Bank, National Association DAPS Reorg MAC N9303-121 608 — 0xx Xxxxxx Xxxxx Xxxxxxxxxxx, XX 00000 Email: XXXXXxxxx@xxxxxxxxxx.xxx Attention: Corporate Trust Services 0000 Xxxx Xxxxxx, 2nd Floor Dallas, TX 75202-2812 Attention: Corporation Trust Services Re: 9.00% Senior Secured Notes due 20[ [insert description of the Securities] (CUSIP ) Ladies and Gentlemen, Reference is hereby made to the Indenture, dated as of November 9, 2006 (the “Indenture”), among FiberTower The ADT Corporation, as issuer a Delaware company (the “Company”), the Guarantors party thereto, and Xxxxx Fargo Bank, National Association, as trustee (the “Trustee”) [as supplemented by that certain supplemental indenture dated as of ][and the Board Resolution adopted ] (together, the “Indenture”). Capitalized terms used but not defined herein shall have the meanings given to them in the Indenture. , (the “Owner”) owns and proposes to exchange transfer the Note[sSecurity or Securities or interest[s] or interest in such Note[s] Security or Securities specified herein, in the principal amount of $ in such Note[sSecurity or Securities or interest[s] or interests (the “Exchange”). In connection with the ExchangeTransfer, the Owner Transferor hereby certifies that:
Appears in 1 contract
Samples: Indenture (Tyco International LTD)
o Check if Transfer is Pursuant to Other Exemption. (i) The Transfer is being effected pursuant to and in compliance with an exemption from the registration requirements of the Securities Act other than Rule 144, Rule 903 or Rule 904 and in compliance with the transfer restrictions contained in the Indenture and any applicable blue sky securities laws of any state State of the United States and (ii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act. Upon consummation of the proposed Transfer in accordance with the terms of the Indenture, the transferred beneficial interest or Definitive Note will not be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the Restricted Global Notes or Restricted Definitive Notes and in the Indenture. This certificate and the statements contained herein are made for your benefit and the benefit of the CompanyIssuers. [Insert Name of Transferor] By: Name: Title: Dated:
1. The Transferor owns and proposes to transfer the following:
(a) o a oa beneficial interest in the:
(i) o 144A o144A Global Note (CUSIP ), or
(ii) o Regulation oRegulation S Global Note (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
(b) a oa Restricted Definitive Note.
2. After the Transfer the Transferee will hold:
(a) a oa beneficial interest in the:
(i) o 144A o144A Global Note (CUSIP ), or
(ii) o Regulation oRegulation S Global Note (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
(iv) o Unrestricted oUnrestricted Global Note (CUSIP ); or
(b) o a oa Restricted Definitive Note; or
(c) o an oan Unrestricted Definitive Note, in accordance with the terms of the Indenture. FiberTower Corporation 000 Venator Finance S.à x.x and Xxxxxxx Materials LLC 00000 Xxxxxxxx Xxxxxx Xxxxx Xxx Xxxxxxxxx, Xxxxx 00000 Attention: Office of General Counsel Wilmington Trust, National Association 00 Xxxxx Xxxxx Xxxxxx, Suite 4800 San FranciscoXxxxx 0000 Xxxxxxxxxxx, CA 94107 Xxxxx Fargo Bank, National Association Corporate Trust Services Xxxxxxxxx 00000 Facsimile: (000) 000-0000 Xxxx Xxxxxx, 2nd Floor Dallas, TX 75202-2812 Attention: Venator Administrator Re: 9.005.75% Senior Secured Notes due 20[ ] (CUSIP ) Reference is hereby made to the Indenture, dated as of November 9, 2006 (the “Indenture”), among FiberTower Corporation, as issuer (the “Company”), the Guarantors party thereto, and Xxxxx Fargo Bank, National Association, as Trustee. Capitalized terms used but not defined herein shall have the meanings given to them in the Indenture. , (the “Owner”) owns and proposes to exchange the Note[s] or interest in such Note[s] specified herein, in the principal amount of $ in such Note[s] or interests (the “Exchange”). In connection with the Exchange, the Owner hereby certifies that:2025
Appears in 1 contract
Samples: Indenture (Venator Materials PLC)
o Check if Transfer is Pursuant to Other Exemption. (i) The Transfer is being effected pursuant to and in compliance with an exemption from the registration requirements of the Securities Act other than Rule 144, Rule 903 or Rule 904 and in compliance with the transfer restrictions contained in the Indenture and any applicable blue sky securities laws of any state State of the United States and (ii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act. Upon consummation of the proposed Transfer in accordance with the terms of the Indenture, the transferred beneficial interest or Definitive Note Security will not be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the Restricted Global Notes Securities or Restricted Definitive Notes Securities and in the Indenture. This certificate and the statements contained herein are made for your benefit and the benefit of the Company. _________________________________ Dated: _________________________________ [Insert Name of Transferor] By: Name: Title: Dated:
1. The Transferor owns and proposes proposed to transfer the following: [CHECK ONE OF (a) OR (b)]
(a) o a beneficial interest in the:
(i) o 144A Global Security (CUSIP ______), or
(ii) o Regulation S Global Security (CUSIP ______), or
(b) o a Restricted Definitive Security.
2. After the transfer the Transferee will hold:
(a) o a beneficial interest in the:
(i) o 144A Global Note Security (CUSIP ______), or
(ii) o Regulation S Global Note Security (CUSIP ______), or
(iii) o IAI Unrestricted Global Note Security (CUSIP ); or
(b) a Restricted Definitive Note.
2. After the Transfer the Transferee will hold:
(a) a beneficial interest in the:
(i) o 144A Global Note (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
(iv) o Unrestricted Global Note (CUSIP ______); or
(b) o a Restricted Definitive NoteSecurity; or
(c) o an Unrestricted Definitive NoteSecurity, in accordance with the terms of the Indenture. FiberTower Corporation 000 Thermo Xxxxxx Scientific Inc. 81 Xxxxx XxxxxxXxxxxx Waltham, Suite 4800 San Francisco, CA 94107 Xxxxx Fargo Bank, National Association Corporate Trust Services 0000 Massachusetts 02454 Attention: Xxxx Xxxxxx, 2nd Floor Dallas, TX 75202-2812 X. Xxxxxxxxx [Trustee] [Address of Trustee] Re: 9.00% Senior Secured Notes due 20[ [insert description of the Securities] (CUSIP ) Ladies and Gentlemen, Reference is hereby made to the Indenture, dated as of November 9______, 2006 ______, between Thermo Xxxxxx Scientific Inc., a Delaware company (the “Company”) and ______, a ______, as trustee (the “Trustee”) [as supplemented by that certain supplemental indenture dated as of ______][and the Board Resolution adopted ______] (together, the “Indenture”), among FiberTower Corporation, as issuer (the “Company”), the Guarantors party thereto, and Xxxxx Fargo Bank, National Association, as Trustee. Capitalized terms used but not defined herein shall have the meanings given to them in the Indenture. ______, (the “Owner”) owns and proposes to exchange transfer the Note[sSecurity or Securities or interest[s] or interest in such Note[s] Security or Securities specified herein, in the principal amount of $ $______ in such Note[sSecurity or Securities or interest[s] or interests (the “Exchange”). In connection with the ExchangeTransfer, the Owner Transferor hereby certifies that:
Appears in 1 contract
o Check if Transfer is Pursuant to Other Exemption. (i) The Transfer is being effected pursuant to and in compliance with an exemption from the registration requirements of the Securities Act other than Rule 144, Rule 903 or Rule 904 and in compliance with the transfer restrictions contained in the Indenture and any applicable blue sky securities laws of any state of the United States and (ii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act. Upon consummation of the proposed Transfer in accordance with the terms of the Indenture, the transferred beneficial interest or Definitive Note will shall not be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the Restricted Global Notes or Restricted Definitive Notes and in the Indenture. This certificate and the statements contained herein are made for your benefit and the benefit of the CompanyIssuers. [Insert Name of Transferor] By: Name: Title: Dated:: ___________________
1. The Transferor owns and proposes to transfer the following:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP ___________), or
(ii) o Regulation S Global Note (CUSIP _____________), or
(iii) o IAI Global Note (CUSIP ____________); or
(b) o a Restricted Definitive Note.
2. After the Transfer the Transferee will shall hold:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP ___________), or
(ii) o Regulation S Global Note (CUSIP ____________), or
(iii) o IAI Global Note (CUSIP ______________); , or
(iv) o Unrestricted Global Note (CUSIP ______________); or
(b) o a Restricted Definitive Note; or
(c) o an Unrestricted Definitive Note, in accordance with the terms of the Indenture. FiberTower Corporation 000 Vanguard Health Holding Company II, LLC Vanguard Holding Company II, Inc. c/o Vanguard Health Systems Inc. 00 Xxxxxx Xxxxx XxxxxxBoulevard Suite 100 Nashville, Suite 4800 San Francisco, CA 94107 Xxxxx Fargo Bank, Tennessee 37215 Attention: General Counsel U.S. Bank National Association Corporate Trust Services 0000 Xxxx Xxxxxx00 Xxxxxxxxxx Xxxxxx St. Xxxx, 2nd Floor Dallas, TX 75202-2812 ReMinnesota 55107 Attention: 9.00% Senior Secured Notes due 20[ ] (CUSIP ) General Counsel Reference is hereby made to the Indenture, dated as of November 9January 26, 2006 2011 (the “Indenture”), among FiberTower CorporationVanguard Health Holding Company II, as issuer LLC, a Delaware limited liability company, (“VHS Holdco II”), Vanguard Holding Company II, Inc., a Delaware corporation and a wholly owned subsidiary of VHS Holdco II (together with VHS Holdco II, the “CompanyIssuers”), the Guarantors party thereto, thereto and Xxxxx Fargo Bank, U.S. Bank National Association, as Trusteetrustee. Capitalized terms used but not defined herein shall have the meanings given to them in the Indenture. , ________________________ (the “Owner”) owns and proposes to exchange the Note[s] or interest in such Note[s] specified herein, in the principal amount of $ $____________ in such Note[s] or interests (the “Exchange”). In connection with the Exchange, the Owner owner hereby certifies that:
Appears in 1 contract
o Check if Transfer is Pursuant to Other Exemption. (i) The Transfer is being effected pursuant to and in compliance with an exemption from the registration requirements of the Securities Act other than Rule 144, Rule 903 or Rule 904 and in compliance with the transfer restrictions contained in the Indenture and any applicable blue sky securities laws of any state State of the United States and (ii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act. Upon consummation of the proposed Transfer in accordance with the terms of the Indenture, the transferred beneficial interest or Definitive Note will not be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the Restricted Global Notes or Restricted Definitive Notes and in the Indenture. This certificate and the statements contained herein are made for your benefit and the benefit of the Company. [Insert Name of Transferor] By: Name: Title: Dated:
1. The Transferor owns and proposes to transfer the following:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
(b) o a Restricted Definitive Note.
2. After the Transfer the Transferee will hold:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
(iv) o Unrestricted Global Note (CUSIP ); or
(b) o a Restricted Definitive Note; or
(c) o an Unrestricted Definitive Note, in accordance with the terms of the Indenture. FiberTower Corporation NRG Energy, Inc. 000 Xxxxxxxx Xxxxx XxxxxxXxxxxxxxx, Suite 4800 San FranciscoXX 00000 Attention: General Counsel Delaware Trust Company 000 Xxxxxx Xxxxx Xxxxx Xxxxxxxxxx, CA 94107 Xxxxx Fargo Bank, National Association Corporate XX 00000 Attention: Trust Services 0000 Xxxx Xxxxxx, 2nd Floor Dallas, TX 75202-2812 Administration Re: 9.005.250% Senior Secured Notes due 20[ ] (CUSIP ) 2029 Reference is hereby made to the Fifth Supplemental Indenture, dated as of November 9May 14, 2006 2019 (the “Indenture”), among FiberTower CorporationNRG Energy, Inc., as issuer (the “Company”), the Guarantors party thereto, thereto and Xxxxx Fargo Bank, National AssociationDelaware Trust Company, as Trusteetrustee. Capitalized terms used but not defined herein shall have the meanings given to them in the Indenture. , (the “Owner”) owns and proposes to exchange the Note[s] or interest in such Note[s] specified herein, in the principal amount of $ in such Note[s] or interests (the “Exchange”). In connection with the Exchange, the Owner hereby certifies that:
Appears in 1 contract
o Check if Transfer is Pursuant to Other Exemption. (i) The Transfer is being effected pursuant to and in compliance with an exemption from the registration requirements of the Securities Act other than Rule 144, Rule 903 or Rule 904 and in compliance with the transfer restrictions contained in the Indenture and any applicable blue sky securities laws of any state State of the United States and (ii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act. Upon consummation of the proposed Transfer in accordance with the terms of the Indenture, the transferred beneficial interest or Definitive Note will not be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the Restricted Global Notes or Restricted Definitive Notes and in the Indenture. This certificate and the statements contained herein are made for your benefit and the benefit of the Company. [Insert Name of Transferor] By: Name: Title: Dated:
1. The Transferor owns and proposes to transfer the following:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
(b) o a Restricted Definitive Note.
2. After the Transfer the Transferee will hold:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
(iv) o Unrestricted Global Note (CUSIP ); or
(b) o a Restricted Definitive Note; or
(c) o an Unrestricted Definitive Note, in accordance with the terms of the Indenture. FiberTower Corporation The Xxxxx Company, LLC 000 Xxxxx Xxxxxx Xxxxx Chicago, Illinois 60606 Attention: Chief Financial Officer Wilmington Trust, FSB Corporate Capital Markets 00 Xxxxx Xxxxx Xxxxxx, Suite 4800 San FranciscoXxxxx 0000 Xxxxxxxxxxx, CA 94107 XX 00000 Attention: Xxxxx Fargo Bank, National Association Corporate Trust Services 0000 Xxxx Xxxxxx, 2nd Floor Dallas, TX 75202-2812 Company Administrator Re: 9.006.75% Senior Secured Notes due 20[ ] (CUSIP ) 2015 Reference is hereby made to the Indenture, dated as of November 9, 2006 2010 (the “Indenture”), among FiberTower CorporationThe Xxxxx Company, as LLC issuer (the “Company”), the Guarantors party thereto, ) and Xxxxx Fargo Bank, National AssociationWilmington Trust FSB, as Trusteetrustee. Capitalized terms used but not defined herein shall have the meanings given to them in the Indenture. , (the “Owner”) owns and proposes to exchange the Note[s] or interest in such Note[s] specified herein, in the principal amount of $ in such Note[s] or interests (the “Exchange”). In connection with the Exchange, the Owner hereby certifies that:
Appears in 1 contract
o Check if Transfer is Pursuant to Other Exemption. (i) The Transfer is being effected pursuant to and in compliance with an exemption from the registration requirements of the Securities Act other than Rule 144, Rule 903 or Rule 904 and in compliance with the transfer restrictions contained in the Indenture and any applicable blue sky securities laws of any state State of the United States and (ii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act. Upon consummation of the proposed Transfer in accordance with the terms of the Indenture, the transferred beneficial interest or Definitive Note will not be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the Restricted Global Notes or Restricted Definitive Notes and in the Indenture. This certificate and the statements contained herein are made for your benefit and the benefit of the Company. [Insert Name of Transferor] By: Name: Title: Dated:
1. The Transferor owns and proposes to transfer the following:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ), or
(iiib) o IAI Global Note (CUSIP ); or
(b) a Restricted Definitive Note.
2. After the Transfer the Transferee will hold:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
(iv) o Unrestricted Global Note (CUSIP ); or
(b) o a Restricted Definitive Note; or
(c) o an Unrestricted Definitive Note, in accordance with the terms of the Indenture. FiberTower Corporation Eldorado Resorts LLC / Eldorado Capital Corp. 000 Xxxxx XxxxxxX. Xxxxxxxx Xxxxxx Xxxx, Suite 4800 San Francisco, CA 94107 Xxxxx Fargo Bank, National Association Corporate Trust Services 0000 Xxxx Xxxxxx, 2nd Floor Dallas, TX 75202-2812 XX 00000 [Registrar address block] Re: 9.008.625% Senior Secured Notes due 20[ ] (CUSIP ) 2019 Reference is hereby made to the Indenture, dated as of November 9April 15, 2006 2011 (the “Indenture”), among FiberTower CorporationEldorado Resorts LLC and Eldorado Capital Corp., each as issuer (together, the “Company”), the Guarantors party thereto, and Xxxxx Fargo Bank, U.S. Bank National Association, as Trusteetrustee and Capital One, N.A., as collateral trustee. Capitalized terms used but not defined herein shall have the meanings given to them in the Indenture. , (the “Owner”) owns and proposes to exchange the Note[s] or interest in such Note[s] specified herein, in the principal amount of $ in such Note[s] or interests (the “Exchange”). In connection with the Exchange, the Owner hereby certifies that:
Appears in 1 contract
Samples: Indenture (Eldorado Resorts, Inc.)
o Check if Transfer is Pursuant to Other Exemption. (i) The Transfer is being effected pursuant to and in compliance with an exemption from the registration requirements of the Securities Act other than Rule 144, Rule 903 or Rule 904 and in compliance with the transfer restrictions contained in the Indenture and any applicable blue sky securities laws of any state State of the United States and (ii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act. Upon consummation of the proposed Transfer in accordance with the terms of the Indenture, the transferred beneficial interest or Definitive Note Security will not be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the Restricted Global Notes Securities or Restricted Definitive Notes Securities and in the Indenture. This certificate and the statements contained herein are made for your benefit and the benefit of the Company. Dated: [Insert Name of Transferor] By: Name: Name Title: Dated:
1. The Transferor owns and proposes proposed to transfer the following: [CHECK ONE OF (a) OR (b)]
(a) o a beneficial interest in the:
(i) o 144A Global Security (CUSIP _______), or
(ii) o Regulation S Global Security (CUSIP _______), or
(b) o a Restricted Definitive Security.
2. After the transfer the Transferee will hold:
(a) o a beneficial interest in the:
(i) o 144A Global Note Security (CUSIP _______), or
(ii) o Regulation S Global Note Security (CUSIP _______), or
(iii) o IAI Unrestricted Global Note Security (CUSIP ); or
(b) a Restricted Definitive Note.
2. After the Transfer the Transferee will hold:
(a) a beneficial interest in the:
(i) o 144A Global Note (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
(iv) o Unrestricted Global Note (CUSIP _______); or
(b) o a Restricted Definitive NoteSecurity; or
(c) o an Unrestricted Definitive NoteSecurity, in accordance with the terms of the Indenture. FiberTower Corporation 000 Xxxxx XxxxxxTyco International Group S.A. 00, Suite 4800 San Francisco, CA 94107 Xxxxx Fargo Bank, National Association Corporate Trust Services 0000 Xxxx Xxxxxx, 2nd Floor Dallas, TX 75202-2812 Xxxxxxxxx Xxxxxx Xxxxxxxxx Xxxxxxxxx X-0000 Xxxxxxxxxx Attention: The Managing Directors [Address of Trustee] Re: 9.00% Senior Secured Notes due 20[ [insert description of the Securities] (CUSIP ) Ladies and Gentlemen, Reference is hereby made to the Indenture, dated as of November 9__________, 2006 (the “Indenture”)____, among FiberTower CorporationTyco International Group S.A., as issuer a Luxembourg company (the “Company”), the Guarantors party theretoTyco International Ltd., a Bermuda company (“Tyco”), and Xxxxx Fargo Bank______________, National Associationa ________________, as trustee (the “Trustee”) [as supplemented by that certain supplemental indenture dated as of _________][and the Board Resolution adopted __________] (together, the “Indenture”). Capitalized terms used but not defined herein shall have the meanings given to them in the Indenture. _______________, (the “Owner”) owns and proposes to exchange transfer the Note[sSecurity or Securities or interest[s] or interest in such Note[s] Security or Securities specified herein, in the principal amount of $ $_________ in such Note[sSecurity or Securities or interest[s] or interests (the “Exchange”). In connection with the ExchangeTransfer, the Owner Transferor hereby certifies that:
Appears in 1 contract
o Check if Transfer is Pursuant to Other Exemption. (i) The Transfer is being effected pursuant to and in compliance with an exemption from the registration requirements of the Securities Act other than Rule 144, Rule 903 or Rule 904 and in compliance with the transfer restrictions contained in the Indenture and any applicable blue sky securities laws of any state State of the United States and (ii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act. Upon consummation of the proposed Transfer in accordance with the terms of the Indenture, the transferred beneficial interest or Definitive Note will not be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the Restricted Global Notes or Restricted Definitive Notes and in the Indenture. This certificate and the statements contained herein are made for your benefit and the benefit of the CompanyIssuers. [Insert Name of Transferor] By: Name: Title: Dated:
1. The Transferor owns and proposes to transfer the following:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ), or
(iiib) o IAI Global Note (CUSIP ); or
(b) a Restricted Definitive Note.
2. After the Transfer the Transferee will hold:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
(iv) o Unrestricted Global Note (CUSIP ); or
(b) o a Restricted Definitive Note; or
(c) o an Unrestricted Definitive Note, in accordance with the terms of the Indenture. FiberTower Corporation 000 Venator Finance S.à x.x and Xxxxxxx Materials LLC 00000 Xxxxxxxx Xxxxxx Xxxxx Xxx Xxxxxxxxx, Xxxxx 00000 Attention: Office of General Counsel Wilmington Trust, National Association 00 Xxxxx Xxxxx Xxxxxx, Suite 4800 San FranciscoXxxxx 0000 Xxxxxxxxxxx, CA 94107 Xxxxx Fargo Bank, National Association Corporate Trust Services Xxxxxxxxx 00000 Facsimile: (000) 000-0000 Xxxx Xxxxxx, 2nd Floor Dallas, TX 75202-2812 Attention: Venator Administrator Re: 9.005.75% Senior Secured Notes due 20[ ] (CUSIP ) Reference is hereby made to the Indenture, dated as of November 9, 2006 (the “Indenture”), among FiberTower Corporation, as issuer (the “Company”), the Guarantors party thereto, and Xxxxx Fargo Bank, National Association, as Trustee. Capitalized terms used but not defined herein shall have the meanings given to them in the Indenture. , (the “Owner”) owns and proposes to exchange the Note[s] or interest in such Note[s] specified herein, in the principal amount of $ in such Note[s] or interests (the “Exchange”). In connection with the Exchange, the Owner hereby certifies that:2025
Appears in 1 contract
o Check if Transfer is Pursuant to Other Exemption. (i) The Transfer is being effected pursuant to and in compliance with an exemption from the registration requirements of the Securities Act other than Rule 144, Rule 903 or Rule 904 and in compliance with the transfer restrictions contained in the Indenture and any applicable blue sky securities laws of any state State of the United States and (ii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act. Upon consummation of the proposed Transfer in accordance with the terms of the Indenture, the transferred beneficial interest or Definitive Note will not be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the Restricted Global Notes or Restricted Definitive Notes and in the Indenture. This certificate and the statements contained herein are made for your benefit and the benefit of the Company. [Insert Name of Transferor] By: Name: Title: Dated:
1. The Transferor owns and proposes to transfer the following:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
(b) o a Restricted Definitive Note.
2. After the Transfer the Transferee will hold:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
(iv) o Unrestricted Global Note (CUSIP ); or
(b) o a Restricted Definitive Note; or
(c) o an Unrestricted Definitive Note, in accordance with the terms of the Indenture. FiberTower Corporation 000 NRG Yield Operating LLC c/o NRG Energy, Inc. 800 Xxxxxxxx Xxxxx Xxxxxxxxx, XX 00000 Xttention: General Counsel Law Debenture Trust Company of New York 400 Xxxxxxx Xxxxxx, Suite 4800 San FranciscoXxxxx 0X Xxx Xxxx, CA 94107 Xxxxx Fargo Bank, National Association XX 00000 Xttention: Corporate Trust Services 0000 Xxxx Xxxxxx, 2nd Floor Dallas, TX 75202-2812 Department Re: 9.005.000% Senior Secured Notes due 20[ ] (CUSIP ) 2026 Reference is hereby made to the Indenture, dated as of November 9August 18, 2006 2016 (the “Indenture”), among FiberTower CorporationNRG Yield Operating LLC, as issuer (the “Company”), the Guarantors party thereto, thereto and Xxxxx Fargo Bank, National AssociationLaw Debenture Trust Company of New York, as Trusteetrustee. Capitalized terms used but not defined herein shall have the meanings given to them in the Indenture. , (the “Owner”) owns and proposes to exchange the Note[s] or interest in such Note[s] specified herein, in the principal amount of $ in such Note[s] or interests (the “Exchange”). In connection with the Exchange, the Owner hereby certifies that:
Appears in 1 contract
Samples: Indenture (NRG Yield, Inc.)
o Check if Transfer is Pursuant to Other Exemption. (i) The Transfer is being effected pursuant to and in compliance with an exemption from the registration requirements of the Securities Act other than Rule 144, Rule 903 or Rule 904 and in compliance with the transfer restrictions contained in the Indenture and any applicable blue sky securities laws of any state State of the United States and (ii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act. Upon consummation of the proposed Transfer in accordance with the terms of the Indenture, the transferred beneficial interest or Definitive Note will not be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the Restricted Global Notes or Restricted Definitive Notes and in the Indenture. This certificate and the statements contained herein are made for your benefit and the benefit of the Company. [Insert Name of Transferor] By: Name: Title: Dated:
1. The Transferor owns and proposes to transfer the following:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
(b) o a Restricted Definitive Note.
2. After the Transfer the Transferee will hold:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
(iv) o Unrestricted Global Note (CUSIP ); or
(b) o a Restricted Definitive Note; or
(c) o an Unrestricted Definitive Note, in accordance with the terms of the Indenture. FiberTower Corporation Poster Financial Group, Inc. 0000 Xxxx Xxxxxx Xxxxxx, Xxxxx 000 Las Vegas, Nevada 89102 Attention: Xxxxxxx X. Xxxxxx HSBC Bank USA 000 Xxxxx XxxxxxXxxxxx New York, Suite 4800 San Francisco, CA 94107 Xxxxx Fargo Bank, National Association Corporate Trust New York 10018 Attention: Issuer Services Telecopier No.: (000) 000-0000 Xxxx Xxxxxx, 2nd Floor Dallas, TX 75202-2812 Re: 9.00% 8¾% Senior Secured Notes due 20[ ] (CUSIP ) 2011 Reference is hereby made to the Indenture, dated as of November 9December 3, 2006 2003 (the “Indenture”), among FiberTower CorporationPoster Financial Group, Inc., as issuer (the “Company”), the Guarantors from time to time party thereto, thereto and Xxxxx Fargo Bank, National AssociationHSBC Bank USA, as Trusteetrustee. Capitalized terms used but not defined herein shall have the meanings given to them in the Indenture. , (the “Owner”) owns and proposes to exchange the Note[s] or interest in such Note[s] specified herein, in the principal amount of $ in such Note[s] or interests (the “Exchange”). In connection with the Exchange, the Owner hereby certifies that:
Appears in 1 contract
Samples: Indenture (GNLV Corp)
o Check if Transfer is Pursuant to Other Exemption. (i) The Transfer is being effected pursuant to and in compliance with an exemption from the registration requirements of the Securities Act other than Rule 144, Rule 903 or Rule 904 and in compliance with the transfer restrictions contained in the Indenture and any applicable blue sky securities laws of any state State of the United States and (ii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act. Upon consummation of the proposed Transfer in accordance with the terms of the Indenture, the transferred beneficial interest or Definitive Note will not be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the Restricted Global Notes or Restricted Definitive Notes and in the Indenture. This certificate and the statements contained herein are made for your benefit and the benefit of the Company. [Insert Name of Transferor] By: Name: Title: Dated:
1. The Transferor owns and proposes to transfer the following: [CHECK ONE OF (a) OR (b)]
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ); or
(b) o a Restricted Definitive Note.
2. After the Transfer the Transferee will hold: [CHECK ONE OF (a), (b) OR (c)]
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
(b) a Restricted Definitive Note.
2. After the Transfer the Transferee will hold:
(a) a beneficial interest in the:
(i) o 144A Global Note (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
(iv) o Unrestricted Global Note (CUSIP ); or
(b) o a Restricted Definitive Note; or
(c) o an Unrestricted Definitive Note, in accordance with the terms of the Indenture. FiberTower Corporation 000 Xxxxx XxxxxxQuebecor Media Inc. 600 Xx-Xxxxxxx Xxxxxx Xxxxxxxx Xxxxxx X0X 0X0 Xxxxxx Attention: Director, Suite 4800 San Francisco, CA 94107 Xxxxx Fargo Bank, Legal Affairs U.S. Bank National Association [ ] Attention: Corporate Trust Services 0000 Xxxx Xxxxxx, 2nd Floor Dallas, TX 75202-2812 Facsimile No.: [ ] Re: 9.0073/4% Senior Secured Notes due 20[ ] (CUSIP ) March 15, 2016 Reference is hereby made to the Indenture, dated as of November 9January 17, 2006 (the “Indenture”), among FiberTower Corporationbetween Quebecor Media Inc., as issuer (the “Company”), the Guarantors party thereto, and Xxxxx Fargo Bank, U.S. Bank National Association, as Trusteetrustee. Capitalized terms used but not defined herein shall have the meanings given to them in the Indenture. , (the “Owner”) owns and proposes to exchange the Note[s] or interest in such Note[s] specified herein, in the principal amount of $ US$ in such Note[s] or interests (the “Exchange”). In connection with the Exchange, the Owner hereby certifies that:
1. Exchange of Restricted Definitive Notes or Beneficial Interests in a Restricted Global Note for Unrestricted Definitive Notes or Beneficial Interests in an Unrestricted Global Note
(a) o Check if Exchange is from beneficial interest in a Restricted Global Note to beneficial interest in an Unrestricted Global Note. In connection with the Exchange of the Owner’s beneficial interest in a Restricted Global Note for a beneficial interest in an Unrestricted Global Note in an equal principal amount, the Owner hereby certifies (i) the beneficial interest is being acquired for the Owner’s own account without transfer, (ii) such Exchange has been effected in compliance with the transfer restrictions applicable to the Restricted Global Note and pursuant to and in accordance with the United States Securities Act of 1933, as amended (the “Securities Act”), (iii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act and (iv) the beneficial interest in an Unrestricted Global Note is being acquired in compliance with any applicable blue sky securities laws of any state of the United States.
(b) o Check if Exchange is from beneficial interest in a
Appears in 1 contract
Samples: Indenture (Quebecor Media Inc)
o Check if Transfer is Pursuant to Other Exemption. (i) The Transfer is being effected pursuant to and in compliance with an exemption from the registration requirements of the Securities Act other than Rule 144, Rule 903 or Rule 904 and in compliance with the transfer restrictions contained in the Indenture and any applicable blue sky securities laws of any state State of the United States and (ii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act. Upon consummation of the proposed Transfer in accordance with the terms of the Indenture, the transferred beneficial interest or Definitive Note will not be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the Restricted Global Notes or Restricted Definitive Notes and in the Indenture. This certificate and the statements contained herein are made for your benefit and the benefit of the Company. [Insert Name of Transferor] By: Name: Title: Dated:
1. The Transferor owns and proposes to transfer the following:
: [CHECK ONE OF (a) OR (b)] (a) o a beneficial interest in the:
: (i) o 144A Global Note (CUSIP ), or
or (ii) o Regulation S Global Note (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
or (b) o a Restricted Definitive Note.
2. After the Transfer the Transferee will hold:
: [CHECK ONE OF (a), (b) OR (c)] (a) o a beneficial interest in the:
: (i) o 144A Global Note (CUSIP ), or
or (ii) o Regulation S Global Note (CUSIP ), or
or (iii) o IAI Global Note (CUSIP ); or
(iv) o Unrestricted Global Note (CUSIP ); or
or (b) o a Restricted Definitive Note; or
or (c) o an Unrestricted Definitive Note, in accordance with the terms of the Indenture. FiberTower Corporation B-4 EXHIBIT C FORM OF CERTIFICATE OF EXCHANGE Quebecor Media Inc. 000 Xxxxx XxxxxxXx-Xxxxxxx Xxxxxx Xxxxxxxx Xxxxxx X0X 0X0 Xxxxxx Attention: Director, Suite 4800 San Francisco, CA 94107 Xxxxx Fargo Bank, Legal Affairs U.S. Bank National Association [ ] Attention: Corporate Trust Services 0000 Xxxx Xxxxxx, 2nd Floor Dallas, TX 75202-2812 Facsimile No.: [ ] Re: 9.0073/4% Senior Secured Notes due 20[ ] (CUSIP ) March 15, 2016 Reference is hereby made to the Indenture, dated as of November 9October 5, 2006 2007 (the “"Indenture”"), among FiberTower Corporationbetween Quebecor Media Inc., as issuer (the “"Company”"), the Guarantors party thereto, and Xxxxx Fargo Bank, U.S. Bank National Association, as Trusteetrustee. Capitalized terms used but not defined herein shall have the meanings given to them in the Indenture. , (the “"Owner”") owns and proposes to exchange the Note[s] or interest in such Note[s] specified herein, in the principal amount of $ US$ in such Note[s] or interests (the “"Exchange”"). In connection with the Exchange, the Owner hereby certifies that:
1. Exchange of Restricted Definitive Notes or Beneficial Interests in a Restricted Global Note for Unrestricted Definitive Notes or Beneficial Interests in an Unrestricted Global Note
(a) o Check if Exchange is from beneficial interest in a Restricted Global Note to beneficial interest in an Unrestricted Global Note. In connection with the Exchange of the Owner's beneficial interest in a Restricted Global Note for a beneficial interest in an Unrestricted Global Note in an equal principal amount, the Owner hereby certifies (i) the beneficial interest is being acquired for the Owner's own account without transfer, (ii) such Exchange has been effected in compliance with the transfer restrictions applicable to the Restricted Global Note and pursuant to and in accordance with the United States Securities Act of 1933, as amended (the "Securities Act"), (iii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act and (iv) the beneficial interest in an Unrestricted Global Note is being acquired in compliance with any applicable blue sky securities laws of any state of the United States.
(b) o Check if Exchange is from beneficial interest in a
Appears in 1 contract
Samples: Indenture (Quebecor Media Inc)
o Check if Transfer is Pursuant to Other Exemption. (i) The Transfer is being effected pursuant to and in compliance with an exemption from the registration requirements of the Securities Act other than Rule 144, Rule 903 or Rule 904 and in compliance with the transfer restrictions contained in the Indenture and any applicable blue sky securities laws of any state State of the United States and (ii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act. Upon consummation of the proposed Transfer in accordance with the terms of the Indenture, the transferred beneficial interest or Definitive Note will not be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the Restricted Global Notes or Restricted Definitive Notes and in the Indenture. This certificate and the statements contained herein are made for your benefit and the benefit of the Company. [Insert Name of Transferor] By: Name: Title: Dated:
1. The Transferor owns and proposes to transfer the following:
(a) o a beneficial interest in the:.
(i) o 144A Global Note (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ), or
(iiib) o IAI Global Note (CUSIP ); or
(b) a Restricted Definitive Note.
2. After the Transfer the Transferee will hold:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
(iv) o Unrestricted Global Note (CUSIP ); or
(b) o a Restricted Definitive Note; or
(c) o an Unrestricted Definitive Note, in accordance with the terms of the Indenture. FiberTower Xxxxx Healthcare Corporation 000 Xxxxx Xxxxxx, Suite 4800 San Francisco, CA 94107 Xxxxx Fargo Bank, National Association Corporate Trust Services 0000 Xxxx Xxxxxx, 2nd Floor Suite 1400 Dallas, TX 75202-2812 75202 Attention: Investor Relations The Bank of New York Mellon Trust Company, N.A. 000 Xxxxx Xxxx Xxxxxx, Xxxxx 000 Xxx Xxxxxxx, XX 00000 Attention: Corporate Unit Re: 9.004.375% Senior Secured Notes due 20[ ] (CUSIP ) Due 2021 Reference is hereby made to the Indenture, dated as of November 96, 2006 (the “Indenture”)2001, among FiberTower between Xxxxx Healthcare Corporation, as issuer (the “Company”), and The Bank of New York Mellon Trust Company, N.A., as successor trustee to The Bank of New York, as supplemented by the Twentieth Supplemental Indenture, dated as of May 30, 2013, among the Company, the Guarantors party theretothereto and the Trustee (as so supplemented, and Xxxxx Fargo Bank, National Association, as Trusteethe “Indenture”). Capitalized terms used but not defined herein shall have the meanings given to them in the Indenture. [ ], (the “Owner”) owns and proposes to exchange the Note[s] or interest in such Note[s] specified herein, in the principal amount of $ $[ ] in such Note[s] or interests (the “Exchange”). In connection with the Exchange, the Owner hereby certifies that:
Appears in 1 contract
Samples: Twentieth Supplemental Indenture (Tenet Healthcare Corp)
o Check if Transfer is Pursuant to Other Exemption. (i) The Transfer is being effected pursuant to and in compliance with an exemption from the registration requirements of the Securities Act other than Rule 144, Rule 903 or Rule 904 and in compliance with the transfer restrictions contained in the Indenture and any applicable blue sky securities laws of any state State of the United States and (ii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act. Upon consummation of the proposed Transfer in accordance with the terms of the Indenture, the transferred beneficial interest or Definitive Note will not be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the Restricted Global Notes or Restricted Definitive Notes and in the Indenture. This certificate and the statements contained herein are made for your benefit and the benefit of the Company. [Insert Name of Transferor] By: Name: Title: Dated:
1. The Transferor owns and proposes to transfer the following:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
(b) o a Restricted Definitive Note.
2. After the Transfer the Transferee will hold:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
(iv) o Unrestricted Global Note (CUSIP ); or
(b) o a Restricted Definitive Note; or
(c) o an Unrestricted Definitive Note, in accordance with the terms of the Indenture. FiberTower Corporation NRG Yield Operating LLC c/o NRG Energy, Inc. 000 Xxxxxxxx Xxxxx Xxxxxxxxx, XX 00000 Attention: General Counsel Law Debenture Trust Company of New York 000 Xxxxxxx Xxxxxx, Suite 4800 San FranciscoXxxxx 0X Xxx Xxxx, CA 94107 Xxxxx Fargo Bank, National Association XX 00000 Attention: Corporate Trust Services 0000 Xxxx Xxxxxx, 2nd Floor Dallas, TX 75202-2812 Department Re: 9.005.375% Senior Secured Notes due 20[ ] (CUSIP ) 2024 Reference is hereby made to the Indenture, dated as of November 9August 5, 2006 2014 (the “Indenture”), among FiberTower CorporationNRG Yield Operating LLC, as issuer (the “Company”), the Guarantors party thereto, thereto and Xxxxx Fargo Bank, National AssociationLaw Debenture Trust Company of New York, as Trusteetrustee. Capitalized terms used but not defined herein shall have the meanings given to them in the Indenture. , (the “Owner”) owns and proposes to exchange the Note[s] or interest in such Note[s] specified herein, in the principal amount of $ in such Note[s] or interests (the “Exchange”). In connection with the Exchange, the Owner hereby certifies that:
Appears in 1 contract
Samples: Indenture (NRG Yield, Inc.)
o Check if Transfer is Pursuant to Other Exemption. (i) The Transfer is being effected pursuant to and in compliance with an exemption from the registration requirements of the Securities Act other than Rule 144, Rule 903 or Rule 904 and in compliance with the transfer restrictions contained in the Indenture and any applicable blue sky securities laws of any state State of the United States and (ii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act. Upon consummation of the proposed Transfer in accordance with the terms of the Indenture, the transferred beneficial interest or Definitive Note will not be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the Restricted Global Notes or Restricted Definitive Notes and in the Indenture. This certificate and the statements contained herein are made for your benefit and the benefit of the Company. [Insert Name of Transferor] By: Name: Title: Dated:__________, ____
1. The Transferor owns and proposes to transfer the following:: [CHECK ONE OF (a) OR (b)]
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP ____), or
(ii) o Regulation S Global Note (CUSIP ____), or
(iiib) o IAI Global Note (CUSIP ); or
(b) a Restricted Definitive Note.
2. After the Transfer the Transferee will hold:: [CHECK ONE]
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP ____), or
(ii) o Regulation S Global Note (CUSIP ____), or
(iii) o IAI Global Note (CUSIP ); or
(iv) o Unrestricted Global Note (CUSIP ____); or
(b) o a Restricted Definitive Note; or
(c) o an Unrestricted Definitive Note, . in accordance with the terms of the Indenture. FiberTower Cenveo Corporation 000 c/o Cenveo, Inc. 200 Xxxxx Xxxxxxxx Xxxxx, 0xx Xxxxx Xxxxxxxx, Xxxxxxxxxxx 00000 The Bank of New York Mellon 100 Xxxxxxx Xxxxxx, Suite 4800 San FranciscoFloor 7W New York, CA 94107 Xxxxx Fargo Bank, National Association New York 100286 Telecopier No: (000) 000-0000 Attention: Corporate Trust Services 0000 Xxxx Xxxxxx, 2nd Floor Dallas, TX 75202-2812 Administration Re: 9.008.500% Senior Junior Priority Secured Notes due 20[ ] (CUSIP ) 2022 Reference is hereby made to the Indenture, dated as of November 9June 26, 2006 2014 (the “Indenture”), among FiberTower Cenveo Corporation, as issuer (the “Company”), the Guarantors party thereto, (as defined therein) and Xxxxx Fargo Bank, National AssociationThe Bank of New York Mellon, as Trusteetrustee and collateral agent. Capitalized terms used but not defined herein shall have the meanings given to them in the Indenture. , ____________ (the “Owner”) owns and proposes to exchange the Note[s] or interest in such Note[s] specified herein, in the principal amount of $ $__________ in such Note[s] or interests (the “Exchange”). In connection with the Exchange, the Owner hereby certifies that:
1. Exchange of Restricted Definitive Notes or Beneficial Interests in a Restricted Global Note for Unrestricted Definitive Notes or Beneficial Interests in an Unrestricted Global Note
(a) o Check if Exchange is from beneficial interest in a
Appears in 1 contract
Samples: Indenture (Cenveo, Inc)
o Check if Transfer is Pursuant to Other Exemption. (i) The Transfer is being effected pursuant to and in compliance with an exemption from the registration requirements of the Securities Act other than Rule 144, Rule 903 or Rule 904 and in compliance with the transfer restrictions contained in the Indenture and any applicable blue sky securities laws of any state State of the United States and (ii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act. Upon consummation of the proposed Transfer in accordance with the terms of the Indenture, the transferred beneficial interest or Definitive Note will not be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the Restricted Global Notes or Restricted Definitive Notes and in the Indenture. This certificate and the statements contained herein are made for your benefit and the benefit of the Company. [Insert Name of Transferor] By: Name: Title: Dated:
1. The Transferor owns and proposes to transfer the following:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ), or
(iiib) o IAI Global Note (CUSIP ); or
(b) a Restricted Definitive Note.
2. After the Transfer the Transferee will hold:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP ), or
(ii) o Regulation S Global Note (CUSIP ), or
(iii) o IAI Global Note (CUSIP ); or
(iv) o Unrestricted Global Note (CUSIP ); or
(b) o a Restricted Definitive Note; or
(c) o an Unrestricted Definitive Note, in accordance with the terms of the Indenture. FiberTower Corporation Huntsman International LLC 000 Xxxxx XxxxxxXxxxxxxx Xxx Xxxx Xxxx Xxxx, Suite 4800 San FranciscoXxxx 00000 Attention: Office of General Counsel Citibank, CA 94107 Xxxxx Fargo BankN.A., National Association Corporate Trust Services 0000 Xxxx XxxxxxLondon Branch Citigroup Centre Canada Square, 2nd Floor Dallas, TX 75202-2812 Canary Wharf Xxxxxx X000XX United Kingdom Re: 9.005.125% Senior Secured Notes due 20[ ] (CUSIP ) 2021 Reference is hereby made to the Indenture, dated as of November 9December 23, 2006 2013 (the “Indenture”), among FiberTower CorporationHuntsman International LLC, as issuer (the “Company”), the Guarantors party thereto, thereto and Xxxxx Fargo BankWilmington Trust, National Association, as Trusteetrustee. Capitalized terms used but not defined herein shall have the meanings given to them in the Indenture. , (the “Owner”) owns and proposes to exchange the Note[s] or interest in such Note[s] specified herein, in the principal amount of $ € in such Note[s] or interests (the “Exchange”). In connection with the Exchange, the Owner hereby certifies that:
Appears in 1 contract
o Check if Transfer is Pursuant to Other Exemption. (i) The Transfer is being effected pursuant to and in compliance with an exemption from the registration requirements of the Securities Act other than Rule 144, Rule 903 or Rule 904 and in compliance with the transfer restrictions contained in the Indenture and any applicable blue sky securities laws of any state of the United States and (ii) the restrictions on transfer contained in the Indenture and the Private Placement Restricted Notes Legend are not required in order to maintain compliance with the Securities Act. Upon consummation of the proposed Transfer in accordance with the terms of the Indenture, the transferred beneficial interest or Definitive Note will not be subject to the restrictions on transfer enumerated in the Private Placement Restricted Notes Legend printed on the Restricted Global Notes or Restricted Definitive Notes and in the Indenture. This certificate and the statements contained herein are made for your benefit and the benefit of the CompanyIssuers. [Insert Name of Transferor] By: Name: Title: Dated:
1. The Transferor owns and proposes to transfer the following:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP _________________), or
(ii) o Regulation S IAI Global Note (CUSIP _________________), or
(iii) o IAI Regulation S Global Note (CUSIP ________________); , or
(iv) o Unrestricted Global Note (CUSIP ________________), or
(b) o a Restricted Definitive Note.; or
(c) o an Unrestricted Definitive Note,
2. After the Transfer the Transferee will hold:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP _________________), or
(ii) o Regulation S IAI Global Note (CUSIP _________________), or
(iii) o IAI Regulation S Global Note (CUSIP ________________); , or
(iv) o Unrestricted Global Note (CUSIP ________________); , or
(b) o a Restricted Definitive Note; or
(c) o an Unrestricted Definitive Note, in accordance with the terms of the Indenture. FiberTower Corporation 000 Xxxxx Mobile Satellite Ventures LP 00000 Xxxxxxxxx Xxxxxxxxx Xxxxxx, Suite 4800 San Francisco, CA 94107 Xxxxx Fargo Bank, National Association Corporate Trust Services XX 00000-0000 Xxxx Xxxxxx, 2nd Floor Dallas, TX 75202-2812 ReAttention: 9.00% Senior Secured Notes due 20[ Treasurer [Trustee] as Trustee Attention: (CUSIP ) Reference is hereby made to the Indenture, dated as of November 9, 2006 (the “Indenture”), among FiberTower Corporation, as issuer (the “Company”), the Guarantors party thereto, Mobile Satellite Ventures LP and Xxxxx Fargo Bank, National Association, as Trustee. Capitalized terms used but not defined herein shall have the meanings given to them in the Indenture. , (the “Owner”) owns and proposes to exchange the Note[s] or interest in such Note[s] specified herein, in the principal amount of $ in such Note[s] or interests (the “Exchange”). In connection with the Exchange, the Owner hereby certifies that:MSV Finance Co.
Appears in 1 contract
o Check if Transfer is Pursuant to Other Exemption. (i) The Transfer is being effected pursuant to and in compliance with an exemption from the registration requirements of the Securities Act other than Rule 144, Rule 903 144 or Rule 904 and in compliance with the transfer restrictions contained in the Indenture and any applicable blue sky securities laws of any state State of the United States and (ii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act. Upon consummation of the proposed Transfer in accordance with the terms of the Indenture, the transferred beneficial interest or Definitive Note will not be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the Restricted Global Notes or Restricted Definitive Notes and in the Indenture. This certificate and the statements contained herein are made for your benefit and the benefit of the Company. [Insert Name of Transferor] By: Name: Title: Dated:
1. The Transferor owns and proposes to transfer the following:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP ISIN XS1528957399), or
(ii) o Regulation S Global Note (CUSIP ISIN XS1528952911), or
(iiib) o IAI Global Note (CUSIP ); or
(b) a Restricted Definitive Note.
2. After the Transfer the Transferee will hold:
(a) o a beneficial interest in the:
(i) o 144A Global Note (CUSIP ISIN XS1528957399), or
(ii) o Regulation S Global Note (CUSIP ISIN XS1528952911), or
(iii) o IAI Global Note (CUSIP ); or
(iv) o Unrestricted Global Note (CUSIP ); ISIN [ ], or
(b) o a Restricted Definitive Note; or
(c) o an Unrestricted Definitive Note, in accordance with the terms of the Indenture. FiberTower Corporation United Insurance Holdings Corp. 000 0xx Xxxxxx X Xx. Xxxxxxxxxx, XX 00000 Deutsche Bank Luxembourg S.A., as Registrar 0, xxxxxxxxx Xxxxxx Xxxxxxxx L-1115 Luxembourg Attention: Lux Registrar Fax: +000 00 0000 Deutsche Trustee Company Limited, as Trustee Xxxxxxxxxx Xxxxx Xxxxxx, Suite 4800 San Francisco, CA 94107 Xxxxx Fargo Bank, National Association Corporate Trust Services 0 Xxxxxxx Xxxxxxxxxx Xxxxxx Xxxxxx XX0X 0XX Attention: Managing Director Fax: +00 00 0000 Xxxx Xxxxxx, 2nd Floor Dallas, TX 75202-2812 0000 Email: XXX-XXX.XXX@XX.xxx Re: 9.00% Floating Rate Senior Secured Notes due 20[ ] (CUSIP ) 2026 Reference is hereby made to the Indenture, dated as of November 9DECEMBER 5, 2006 2016 (the “Indenture”), among FiberTower CorporationUnited Insurance Holdings Corp., as issuer Issuer (the “Company”), the Guarantors party thereto, and Xxxxx Fargo Bank, National AssociationDeutsche Trustee Company Limited, as Trusteetrustee, Deutsche Bank AG, London Branch, as paying agent and Deutsche Bank Luxembourg S.A., as registrar. Capitalized terms used but not defined herein shall have the meanings given to them in the Indenture. , (the “Owner”) owns and proposes to exchange the Note[s] or interest in such Note[s] specified herein, in the principal amount of $ in such Note[s] or interests (the “Exchange”). In connection with the Exchange, the Owner hereby certifies that:
Appears in 1 contract