Common use of Offshore Book-Entry Provisions Clause in Contracts

Offshore Book-Entry Provisions. (i) This Section 4(b)(i) shall apply only to the Regulation S Global Note or the Unrestricted Global Note (either such note, including, where the context so permits, a beneficial interest therein, being a "GLOBAL NOTE") deposited on behalf of the subscribers for the Notes represented thereby with the Fiscal Agent as custodian for the Common Depositary for credit to their respective accounts (or to such other accounts as they may direct) at Euroclear and Clearstream insofar as interests in such Global Note are held by the agent members of Euroclear and Clearstream. Account holders or participants in Euroclear and Clearstream shall have no rights under this Agreement with respect to such Global Note, and the Common Depositary may be treated by the Company, any Agent, and any agent of either the Company or any Agent as the owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, any Agent, or any agent of either the Company or any Agent from giving effect to any written certification, proxy or other authorization furnished by Euroclear or Clearstream or impair, as between Euroclear, Clearstream and their respective agent members, the operation of customary practices governing the exercise of the rights of a holder of any Note.

Appears in 2 contracts

Samples: Fiscal Agency Agreement (Thirty Eight Hundred Fund LLC), Fiscal Agency Agreement (Thirty Eight Hundred Fund LLC)

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Offshore Book-Entry Provisions. (i) This Section 4(b)(i) shall apply only to the Regulation S Global Note or the Unrestricted Global Note (either such note, including, where the context so permits, a beneficial interest therein, being a "GLOBAL NOTE"Global Note) deposited on behalf of the subscribers for the Notes represented thereby with the Fiscal Agent as custodian for the Common Depositary for credit to their respective accounts (or to such other accounts as they may direct) at Euroclear and Clearstream insofar as interests in such Global Note are held by the agent members of Euroclear and Clearstream. Account holders or participants in Euroclear and Clearstream shall have no rights under this Agreement with respect to such Global Note, and the Common Depositary may be treated by the Company, any Agent, and any agent of either the Company or any Agent as the owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, any Agent, or any agent of either the Company or any Agent from giving effect to any written certification, proxy or other authorization furnished by Euroclear or Clearstream or impair, as between Euroclear, Clearstream and their respective agent members, the operation of customary practices governing the exercise of the rights of a holder of any Note.

Appears in 1 contract

Samples: Fiscal Agency Agreement (Thirty Eight Hundred Fund LLC)

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Offshore Book-Entry Provisions. (i) This Section 4(b)(i) shall apply only to the Regulation S Global Note or the Unrestricted Global Note (either such note, including, where the context so permits, a beneficial interest therein, being a "GLOBAL NOTE"“Global Note”) deposited on behalf of the subscribers for the Notes represented thereby with the Fiscal Agent as custodian for the Common Depositary for credit to their respective accounts (or to such other accounts as they may direct) at Euroclear and Clearstream insofar as interests in such Global Note are held by the agent members of Euroclear and ClearstreamEuroclear. Account holders or participants in Euroclear and Clearstream shall have no rights under this Agreement with respect to such Global Note, and the Common Depositary may be treated by the Company, any Agent, and any agent of either the Company or any Agent as the owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, any Agent, or any agent of either the Company or any Agent from giving effect to any written certification, proxy or other authorization furnished by Euroclear or Clearstream or impair, as between Euroclear, Clearstream Euroclear and their respective its agent members, the operation of customary practices governing the exercise of the rights of a holder of any Note.

Appears in 1 contract

Samples: Fiscal Agency Agreement (Thirty Eight Hundred Fund LLC)

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