Ownership of Notes. (a) A Note may be transferred by the Note Holder to any person in accordance with this agreement.
(b) The person whose name is registered as the Note Holder of a Note in the Register will be, and will be treated by the Issuer as, the absolute owner of the Note.
Ownership of Notes. (a) The Holder for the time being of any Note shall be entitled to the principal, premium, if any, and/or interest evidenced by such Note, free from all equities or rights of set-off or counterclaim between the Issuer and the original or any intermediate Holder thereof (except in respect of equities of which the Issuer is required to take notice by law) and all Persons may act accordingly and the receipt of any such Holder for any such principal, premium, if any, or interest shall be a valid discharge to the Trustee, any Registrar and to the Issuer for the same and none shall be bound to inquire into the title of any such Holder.
(b) Where Notes are registered in more than one name, the principal, premium, if any, and interest from time to time payable in respect thereof may be paid to the order of all or any of such Holders, failing written instructions from them to the contrary, and the receipt of any one of such Holders therefor shall be a valid discharge, to the Trustee, any Registrar and to the Issuer.
(c) In the case of the death of one or more joint Holders, the principal, premium, if any, and interest from time to time payable thereon may be paid to the order of the survivor or survivors of such Holders and to the estate of the deceased and the receipt by such survivor or survivors and the estate of the deceased thereof shall be a valid discharge by the Trustee, any Registrar and the Issuer.
(d) Unless otherwise required by law, the Person in whose name any Note is registered shall for all purposes of this Indenture (except for references in this Indenture to a “Beneficial Holder”) be and be deemed to be the owner thereof and payment of or on account of the principal of, premium, if any, and interest on such Note shall be made only to or upon the order in writing of such Holder.
(e) Notwithstanding any other provision of this Indenture, all payments in respect of Notes issuable in the form of or represented by a Global Note shall be made to the Depository or its nominee for subsequent payment by the Depository or its nominee to the Beneficial Holders.
Ownership of Notes. The Trustee, or any agent of the Company or of the Trustee, in its individual or any other capacity, may become the owner or pledgee of Notes with the same rights, subject to Section 7.08 and Section 7.13, it would have if it were not Trustee or an agent of the Company or of the Trustee.
Ownership of Notes. On the date of its appointment as Trustee, the Trustee does not own any Notes and has no present intention of acquiring any Notes although it is not restricted from doing so in the future as provided in Section 6.5.
Ownership of Notes. Post is the sole legal and beneficial owner ------------------ of the Notes to be exchanged by Post hereunder and is conveying the Notes and the Note Guarantee relating to such Notes to the Company free and clear of any liens, claims, interests, charges or other encumbrances. Post has neither previously sold, assigned, conveyed, transferred or otherwise disposed of, in whole or in part, the Notes to be exchanged by Post hereunder, nor has Post entered into any agreement to sell, assign, convey, transfer or otherwise dispose of, in whole or in part, such Notes.
Ownership of Notes. The Agent, its officers, directors, employees or controlling persons may become the owner of, or acquire any interest in, the Notes with the same rights that it or he would have if such Agent was not appointed under this Agreement, and may engage or be interested in any financial or other transaction with the Issuers and/or any of their affiliates and may act, as depository or agent for, any committee or body of Noteholders or the holders of other obligations of or shares in the Issuers or any holding company, as freely as if the Agent were not appointed under this Agreement.
Ownership of Notes. Each of the Noteholders represents, warrants and covenants to the Company, as to itself, that (i) it beneficially owns the aggregate principal amount of the Notes set forth on Schedule I and has (including through a nominee) power to (within one Business Day with respect to swap agreements) exercise, or cause to be exercised, its voting rights as a Noteholder with respect to its Notes and to dispose, or to cause the disposition, of its Notes, (ii) the respective aggregate principal amount of Notes beneficially owned by it as set forth on Schedule I is true and correct as of the date hereof, (iii) with the exception of swap agreements pursuant to which such right, title and interest can be reacquired within one Business Day, it has not entered into any agreement (whether written or oral) to transfer, assign or otherwise dispose of, its right, title and interest in and to the Notes which it beneficially owns, and (iv) upon delivery of such Notes beneficially owned by it to the Company on the consummation of the Exchange, the Company shall acquire all right, title and interest to such Notes, free and clear of any lien, claim, encumbrance or other restriction.
Ownership of Notes. Such Consenting Holder (i) is the sole beneficial owner of the principal amount of Notes set forth on Schedule I hereto (as such Schedule I may be amended from time to time in accordance with the terms of Section 5.1) and (ii) has full power and authority to dispose of, exchange, assign, hypothecate and transfer such Notes.
Ownership of Notes. WSI owns the Notes free and clear of any encumbrances or rights of any third parties and has the full right and authority to cancel the indebtedness represented thereby as contemplated by this Agreement. Upon consummation of the transactions contemplated hereby, the portion of the debt evidenced by the Notes repaid upon issuance of the Series A Preferred Stock shall no longer be outstanding.
Ownership of Notes. Each Consenting Noteholder (or a client for which it has investment discretion) is the record or beneficial owner of, with power to vote and dispose free and clear of any and all liens, that number of Notes set forth on such Consenting Noteholder's signature page to this Agreement. Each Consenting Noteholder does not own of record or beneficially any Notes not otherwise listed on its signature page attached hereto.
