Common use of Section 308 Persons Deemed Owners Clause in Contracts

Section 308 Persons Deemed Owners. Prior to due presentment of a Registered Security for registration of transfer, the Company, any Guarantor, the Trustee and any agent of the Company, any Guarantor or the Trustee may treat the Person in whose name such Registered Security is registered in the Security Register as the owner of such Registered Security for the purpose of receiving payment of principal of, any premium and (subject to Sections 305 and 307) interest on and any Additional Amounts with respect to such Registered Security and for all other purposes whatsoever, whether or not any payment with respect to such Registered Security shall be overdue, and none of the Company, any Guarantor, the Trustee or any agent of the Company, any Guarantor or the Trustee shall be affected by notice to the contrary. No owner of any beneficial interest in any global Security held on its behalf by a Depository shall have any rights under this Indenture with respect to such global Security, and such Depository may be treated by the Company, any Guarantor, the Trustee and any agent of the Company, any Guarantor or the Trustee as the owner of such global Security for all purposes whatsoever. None of the Company, any Guarantor, the Trustee or any agent of the Company, any Guarantor or the Trustee will have any responsibility or liability for any aspect of the records relating to or payments made on account of beneficial ownership interests of a global Security or for maintaining, supervising or reviewing any records relating to such beneficial ownership interests. Notwithstanding the foregoing, nothing herein shall prevent the Company, any Guarantor, the Trustee or any agent of the Company, any Guarantor or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the applicable Depository, as a Holder, with respect to a global Security or impair, as between such Depository and the owners of beneficial interests in such global Security, the operation of customary practices governing the exercise of the rights of such Depository (or its nominee) as the Holder of such global Security.

Appears in 2 contracts

Samples: Indenture (Apple Hospitality REIT, Inc.), Indenture (Apple Hospitality REIT, Inc.)

AutoNDA by SimpleDocs

Section 308 Persons Deemed Owners. Prior to due presentment of a Registered Security for registration of transfer, the CompanyIssuer, any Guarantorthe Guarantors, the Trustee and any agent of the CompanyIssuer, any Guarantor or the Trustee may treat the Person in whose name such Registered Security is registered in the Security Register as the owner of such Registered Security for the purpose of receiving payment of principal of, any premium and (subject to Sections 305 and 307) interest on and any Additional Amounts with respect to such Registered Security and for all other purposes whatsoever, whether or not any payment with respect to such Registered Security shall be overdue, and none of the CompanyIssuer, any Guarantorthe Guarantors, the Trustee or any agent of the Company, Issuer any Guarantor or the Trustee shall be affected by notice to the contrary. No owner Holder of any beneficial interest in any global Security held on its behalf by a Depository shall have any rights under this Indenture with respect to such global Security, and such Depository may be treated by the Company, any GuarantorIssuer, the Trustee Guarantors, the Trustee, and any agent of the Company, any Guarantor Issuer or the Trustee as the owner of such global Security for all purposes whatsoever. None of the CompanyIssuer, the Guarantors, the Trustee, any Guarantor, the Trustee or any agent of the Company, any Guarantor Paying Agent or the Trustee Security Registrar will have any responsibility or liability for any aspect of the records relating to or payments made on account of beneficial ownership interests of a global Security or for maintaining, supervising or reviewing any records relating to such beneficial ownership interests. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuer, the Guarantors, the Trustee, any Guarantor, the Trustee or any agent of the Company, any Guarantor Paying Agent or the Trustee Security Registrar from giving effect to any written certification, proxy or other authorization furnished by the applicable Depository, as a Holder, with respect to a global Security or impair, as between such Depository and the owners of beneficial interests in such global Security, the operation of customary practices governing the exercise of the rights of such Depository (or its nominee) as the Holder of such global Security.

Appears in 2 contracts

Samples: Indenture (Notami Hospitals of Louisiana Inc), Indenture (HCA Holdings, Inc.)

AutoNDA by SimpleDocs

Section 308 Persons Deemed Owners. Prior to due presentment of a Registered Security for registration of transfer, the CompanyOperating Partnership, any the Guarantor, the Trustee and any agent of the CompanyOperating Partnership, any the Guarantor or the Trustee may treat the Person in whose name such Registered Security is registered in the Security Register as the owner of such Registered Security for the purpose of receiving payment of principal of, any premium and (subject to Sections 305 and 307) interest on and any Additional Amounts with respect to such Registered Security and for all other purposes whatsoever, whether or not any payment with respect to such Registered Security shall be overdue, and none of the CompanyOperating Partnership, any the Guarantor, the Trustee or any agent of the CompanyOperating Partnership, the Guarantor or the Trustee shall be affected by notice to the contrary. The Operating Partnership, the Guarantor, the Trustee and any agent of the Operating Partnership, the Guarantor or the Trustee may treat the bearer of any Bearer Security or the bearer of any Coupon as the absolute owner of such Security or Coupon for the purpose of receiving payment thereof or on account thereof and for all other purposes whatsoever, whether or not any payment with respect to such Security or Coupon shall be overdue, and none of the Operating Partnership, the Guarantor, the Trustee or any agent of the Operating Partnership, the Guarantor or the Trustee shall be affected by notice to the contrary. No owner of any beneficial interest in any global Security held on its behalf by a Depository shall have any rights under this Indenture with respect to such global Security, and such Depository may be treated by the CompanyOperating Partnership, any the Guarantor, the Trustee and any agent of the CompanyOperating Partnership, any the Guarantor or the Trustee as the owner of such global Security for all purposes whatsoever. None of the CompanyOperating Partnership, any the Guarantor, the Trustee or any agent of the CompanyOperating Partnership, any the Guarantor or the Trustee will have any responsibility or liability for any aspect of the records relating to or payments made on account of beneficial ownership interests of a global Security or for maintaining, supervising or reviewing any records relating to such beneficial ownership interests. Notwithstanding the foregoing, nothing herein shall prevent the CompanyOperating Partnership, any the Guarantor, the Trustee or any agent of the CompanyOperating Partnership, any the Guarantor or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the applicable Depository, as a Holder, with respect to a global Security or impair, as between such Depository and the owners of beneficial interests in such global Security, the operation of customary practices governing the exercise of the rights of such Depository (or its nominee) as the Holder of such global Security.

Appears in 1 contract

Samples: Indenture (Corporate Office Properties, L.P.)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!