Securities in Global Form. If Securities of or within a series are issuable in whole or in part in global form, any such Security of such series may provide that it shall represent the aggregate or specified amount of Outstanding Securities of such series from time to time endorsed thereon and may also provide that the aggregate amount of Outstanding Securities of such series represented thereby may from time to time be reduced or increased to reflect exchanges. Any endorsement of a Security in global form to reflect the amount, or any increase or decrease in the amount, or changes in the rights of Holders, of Outstanding Securities represented thereby, shall be made in such manner and by such Person or Persons as shall be specified therein or in the Company Order to be delivered to the Trustee pursuant to Section 3.03 or 3.04. Subject to the provisions of Section 3.03 and, if applicable, Section 3.04, the Trustee shall deliver and redeliver any Security in permanent global form in the manner and upon instructions given by the Person or Persons specified therein or in the applicable Company Order. Any instructions by the Company with respect to endorsement or delivery or redelivery of a Security in global form shall be in writing but need not comply with Section 1.02 hereof and need not be accompanied by an Opinion of Counsel. The provisions of the last paragraph of Section 3.03 shall apply to any Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Security in global form together with written instructions (which need not comply with Section 1.02 and need not be accompanied by an Opinion of Counsel) with regard to the reduction in the principal amount of Securities represented thereby, together with the written statement contemplated by the last paragraph of Section 3.03. Notwithstanding the provisions of Section 2.01 and 3.07, unless otherwise specified as contemplated by Section 3.01, payment of principal of, premium, if any, and interest on any Security in permanent global form shall be made to the Person or Persons specified therein.
Appears in 10 contracts
Samples: Indenture (Metris Companies Inc), Indenture (Amerus Life Holdings Inc), Indenture (Metris Companies Inc)
Securities in Global Form. If Securities of or within a series are issuable in whole or in part in global form, any such Security of such series may provide that it shall represent the aggregate or specified amount of Outstanding Securities of such series from time to time endorsed thereon and may also provide that the aggregate amount of Outstanding Securities of such series represented thereby may from time to time be reduced or increased to reflect exchangesexchanges for certificated securities. Any endorsement of a Security in global form to reflect the amount, or any increase or decrease in the amount, or changes in the rights of Holders, of Outstanding Securities represented thereby, shall be made in such manner and by such Person or Persons as shall be specified therein or in the Company Order to be delivered to the Trustee pursuant to Section 3.03 3.3 or 3.043.4. Subject to the provisions of Section 3.03 and3.3, Section 3.4, if applicable, and Section 3.043.5, the Trustee shall deliver and redeliver any Security in permanent global form in the manner and upon instructions given by the Person or Persons specified therein or in the applicable Company Order. Any instructions by the Company with respect to endorsement or delivery or redelivery of a Security in global form shall be in writing but need not comply with Section 1.02 1.2 hereof and need not be accompanied by an Officers' Certificate or an Opinion of Counsel. The provisions of the last paragraph of Section 3.03 3.3 shall apply to any Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Security in global form together with written instructions (which need not comply with Section 1.02 1.2 hereof and need not be accompanied by an Officers' Certificate or an Opinion of Counsel) with regard to the reduction in the principal amount of Securities represented thereby, together with the written statement contemplated by the last paragraph of Section 3.033.3. Notwithstanding the provisions of Section 2.01 2.1 and 3.073.7, unless otherwise specified as contemplated by Section 3.013.1, payment of principal of, premium, if any, and interest on any Registered Security in permanent global form shall be made to the Person or Persons specified thereinregistered holder thereof.
Appears in 6 contracts
Samples: Allied Waste Industries Inc, Allied Waste Industries Inc, Allied Waste Industries Inc
Securities in Global Form. If Securities of or within a series are issuable in whole or in part in global form, any such Security of such series may provide that it shall represent the aggregate or specified amount of Outstanding Securities of such series from time to time endorsed thereon and may also provide that the aggregate amount of Outstanding Securities of such series represented thereby may from time to time be reduced or increased to reflect exchanges. Any endorsement of a Security in global form to reflect the amount, or any increase or decrease in the amount, or changes in the rights of Holders, of Outstanding Securities represented thereby, shall be made in such manner and by such Person or Persons as shall be specified therein or in the Company Order to be delivered to the Trustee pursuant to Section 3.03 3.3 or 3.043.4. Subject to the provisions of Section 3.03 3.3 and, if applicable, Section 3.043.4, the Trustee shall deliver and redeliver any Security security in permanent global form in the manner and upon instructions given by the Person or Persons specified therein or in the applicable Company Order. Any instructions by the Company with respect to endorsement or delivery or redelivery of a Security in global form shall be in writing but need not comply with Section 1.02 1.2 hereof and need not be accompanied by an Opinion of Counsel. The provisions of the last paragraph of Section 3.03 3.3 shall apply to any Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the such Security in global form together with written instructions (which need not comply with Section 1.02 1.2 and need not be accompanied by an Opinion of Counsel) with regard to the reduction in the principal amount of Securities represented thereby, together with the written statement contemplated by the last paragraph of Section 3.033.3. Notwithstanding the provisions of Section 2.01 2.1 and 3.073.7, unless otherwise specified as contemplated by Section 3.013.1, payment of principal of, premium, if any, and interest on any Security in permanent global form shall be made to the Person or Persons specified therein.
Appears in 5 contracts
Samples: Indenture (Know Labs, Inc.), Indenture (Akoustis Technologies, Inc.), Indenture (Akoustis, Inc.)
Securities in Global Form. If Securities of or within a series are issuable in whole or in part in global form, then any such Security of such series may provide that it shall represent the aggregate or a specified amount of the Outstanding Securities of such series from time to time endorsed thereon and may also provide that the aggregate amount of Outstanding Securities of such series represented thereby may from time to time be reduced or increased to reflect exchanges. Any endorsement of a Security in global form to reflect the amount, or any increase or decrease in the amount, or changes in the rights of Holders, of Outstanding Securities represented thereby, thereby shall be made in such manner and upon instructions given by such Person or Persons as shall be specified therein or in the Company Issuer Order to be delivered to the Trustee pursuant to Section 3.03 or Section 3.04. Subject to the provisions of Section 3.03 and, if applicable, Section 3.04, the Trustee shall deliver and redeliver any Security in permanent global form in the manner and upon instructions given by the Person or Persons specified therein or in the applicable Company Issuer Order. Any If an Issuer Order pursuant to Section 3.03 or 3.04 has been, or simultaneously is, delivered, any instructions by the Company Issuer with respect to endorsement or delivery or redelivery of a Security in global form shall be in writing but need not comply with Section 1.02 hereof and need not be accompanied by an Opinion of Counsel. The provisions of the third to last paragraph of Section 3.03 shall apply to any Security represented by a Security in global form if such Security was never issued and sold by the Company Issuer and the Company Issuer delivers to the Trustee the Security in global form together with written instructions (which need not comply with Section 1.02 and need not be accompanied by an Opinion of Counsel) with regard to the reduction in the principal amount of Securities represented thereby, together with the written statement contemplated by the last paragraph of Section 3.03. Notwithstanding the provisions of Section Sections 2.01 and 3.07, unless otherwise specified as contemplated by Section 3.01, payment of principal of, premiumof and premium and other amounts, if any, and interest on any Security in permanent global form shall be made to the Person or Persons specified therein.
Appears in 4 contracts
Samples: Indenture (Cnooc LTD), Indenture (Nexen Inc), Indenture (Nexen Inc)
Securities in Global Form. If Securities of or within a series are issuable in whole or in part in global form, any such Security of such series may provide that it shall represent the aggregate or specified amount of Outstanding Securities of such series from time to time endorsed thereon and may also provide that the aggregate amount of Outstanding Securities of such series represented thereby may from time to time be reduced or increased to reflect exchanges. Any endorsement of a Security in global form to reflect the amount, or any increase or decrease in the amount, or changes in the rights of Holders, of Outstanding Securities represented thereby, shall be made in such manner and by such Person or Persons as shall be specified therein or pursuant to Section 3.1 or in the Company Order to be delivered to the Trustee pursuant to Section 3.03 3.3 or 3.043.4. Subject to the provisions of Section 3.03 3.3 and, if applicable, Section 3.043.4, the Trustee shall deliver and redeliver any Security in permanent global form in the manner and upon instructions given by the Person or Persons specified therein or pursuant to Section 3.1 or in the applicable Company Order. Any instructions by the Company with respect to endorsement or delivery or redelivery of a Security in global form shall be in writing but need not comply with Section 1.02 hereof and need not be accompanied by an Opinion of Counselwriting. The provisions of the last paragraph of Section 3.03 3.3 shall apply to any Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Security in global form together with written instructions (which need not comply with Section 1.02 and need not be accompanied by an Opinion of Counsel) with regard to the reduction in the principal amount of Securities represented thereby, together with the written statement contemplated by the last paragraph of Section 3.033.3. Notwithstanding the provisions of Section 2.01 2.1 and 3.073.7, unless otherwise specified as contemplated by Section 3.013.1, payment of principal of, premium, if any, and interest on any Security in permanent global form shall be made to the Person or Persons specified therein.
Appears in 4 contracts
Samples: Supplemental Indenture (Cadiz Inc), Subordinated Indenture (Cadiz Inc), Indenture (Cadiz Inc)
Securities in Global Form. If Securities of or within a series are issuable in whole or in part in global form, any such Security of such series may provide that it shall represent the aggregate or specified amount of Outstanding Securities of such series from time to time endorsed thereon and may also provide that the aggregate amount of Outstanding Securities of such series represented thereby may from time to time be reduced or increased to reflect exchanges. Any endorsement of a Security in global form to reflect the amount, or any increase or decrease in the amount, or changes in the rights of Holders, of Outstanding Securities represented thereby, shall be made in such manner and by such Person or Persons as shall be specified therein or pursuant to Section 3.1 or in the Company Order to be delivered to the Trustee pursuant to Section 3.03 3.3 or 3.043.4. Subject to the provisions of Section 3.03 3.3 and, if applicable, Section 3.043.4, the Trustee shall deliver and redeliver any Security in permanent global form in the manner and upon instructions given by the Person or Persons specified therein or pursuant to Section 3.1 or in the applicable Company Order. Any instructions by the Company with respect to endorsement or delivery or redelivery of a Security in global form shall be in writing but need not comply with Section 1.02 1.2 hereof and need not be accompanied by an Opinion of Counsel. The provisions of the last paragraph of Section 3.03 3.3 shall apply to any Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Security in global form together with written instructions (which need not comply with Section 1.02 1.2 and need not be accompanied by an Opinion of Counsel) with regard to the reduction in the principal amount of Securities represented thereby, together with the written statement contemplated by the last paragraph of Section 3.033.3. Notwithstanding the provisions of Section 2.01 2.1 and 3.073.7, unless otherwise specified as contemplated by Section 3.013.1, payment of principal of, premium, if any, and interest on any Security in permanent global form shall be made to the Person or Persons specified therein.
Appears in 4 contracts
Samples: Indenture (Capital Markets Co), Indenture (Fidelity National Title Group, Inc.), Indenture (Fidelity National Financial Inc /De/)
Securities in Global Form. If Securities of or within a series are issuable in whole or in part in global form, any such Security of such series may provide that it shall represent the aggregate or specified amount of Outstanding Securities of such series from time to time endorsed thereon and may also provide that the aggregate amount of Outstanding Securities of such series represented thereby may from time to time be reduced or increased to reflect exchanges. Any endorsement of a Security in global form to reflect the amount, or any increase or decrease in the amount, or changes in the rights of Holders, of Outstanding Securities represented thereby, shall be made in such manner and by such Person or Persons as shall be specified therein or in the Company Order to be delivered to the Trustee pursuant to Section 3.03 3.3 or 3.043.4. Subject to the provisions of Section 3.03 3.3 and, if applicable, Section 3.043.4, the Trustee shall deliver and redeliver any Security in permanent global form in the manner and upon instructions given by the Person or Persons specified therein or in the applicable Company Order. Any instructions by the Company with respect to endorsement or delivery or redelivery of a Security in global form shall be in writing but need not comply with Section 1.02 1.2 hereof and need not be accompanied by an Opinion of Counsel. The provisions of the last paragraph of Section 3.03 3.3 shall apply to any Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Security in global form together with written instructions (which need not comply with Section 1.02 1.2 and need not be accompanied by an Opinion of Counsel) with regard to the reduction in the principal amount of Securities represented thereby, together with the written statement contemplated by the last paragraph of Section 3.033.3. Notwithstanding the provisions of Section 2.01 Sections 2.1 and 3.073.7, unless otherwise specified as contemplated by Section 3.013.1, payment of principal of, premium, if any, and interest on any Security in permanent global form shall be made to the Person or Persons specified therein.
Appears in 3 contracts
Samples: Indenture (Public Service Co of North Carolina Inc), Indenture (Public Service Co of North Carolina Inc), Public Service Co of North Carolina Inc
Securities in Global Form. If Securities of or within a series are issuable in whole or in part in global formas a Global Security, as specified as contemplated by Section 2.03(a) hereof, then, notwithstanding clause (9) of Section 2.03(a) hereof and the provisions of Section 2.03(b) hereof, any such Global Security shall represent such of the outstanding Securities of such series as shall be specified therein and may provide that it shall represent the aggregate or specified principal amount of Outstanding outstanding Securities of such series from time to time endorsed thereon or otherwise notated on the books and may also provide records of the Registrar and that the aggregate principal amount of Outstanding outstanding Securities of such series represented thereby may from time to time be reduced or increased increased, as appropriate, to reflect exchangesexchanges and redemptions. Each Global Security shall bear legends as set forth in Exhibit A hereto. Any endorsement of a Global Security in global form to reflect the amount, or aggregate principal amount of any increase or decrease in the amount, or changes in the rights amount of Holders, of Outstanding outstanding Securities represented thereby, thereby shall be made by the Trustee in such manner and by such Person or Persons as shall be specified therein or in the Company Order to be delivered to the Trustee pursuant to Section 3.03 or 3.04. Subject to the provisions of Section 3.03 and, if applicable, Section 3.04, the Trustee shall deliver and redeliver any Security in permanent global form in the manner and upon instructions given by the Person Holder thereof as required by Section 2.08 hereof. Global Securities may be issued in either registered or Persons specified therein bearer form and in either temporary or permanent form. Permanent Global Securities will be issued in the applicable Company Order. Any instructions by the Company with respect to endorsement or delivery or redelivery of a Security in global form shall be in writing but need not comply with Section 1.02 hereof and need not be accompanied by an Opinion of Counseldefinitive form. The provisions of the last paragraph sentence of Section 3.03 2.04 hereof shall apply to any Security in global form represented by a Global Security if such Security was never issued and sold by the Company Company, and the Company delivers to the Trustee the Security in global form together with written instructions (which need not comply with Section 1.02 13.04 or 13.05 hereof and need not be accompanied by an Opinion of Counsel) with regard to the reduction in the principal amount of Securities represented thereby, together with the written statement contemplated by the last paragraph sentence of Section 3.032.04 hereof. Notwithstanding the provisions of Section 2.01 Sections 2.02 and 3.072.14 hereof, unless otherwise specified as contemplated by Section 3.012.03(a) hereof, payment of principal of, premium, if any, of and any interest on any Global Security in permanent global form shall be made to the Person person or Persons persons specified therein. None of the Company, the Guarantor, if any, the Trustee of such series of Securities, any Paying Agent or 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.
Appears in 3 contracts
Samples: Indenture (Omnicare Inc), Lifepoint Health, Inc., West Virginia Management Services Organization, Inc.
Securities in Global Form. If Securities of or within a series are issuable in whole temporary or in part in permanent global form, as specified as contemplated by Section 2.3(a), then, notwithstanding clause (10) of Section 2.3(a) and the provisions of Section 2.3(b), any such Security shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it shall represent the aggregate or specified amount of Outstanding Securities of such series from time to time endorsed thereon and may also provide that the aggregate amount of Outstanding Securities of such series represented thereby may from time to time be reduced or increased to reflect exchanges. Any endorsement of a Security in global form to reflect the amount, or amount of any increase or decrease in the amount, or changes in the rights of Holders, amount of Outstanding Securities represented thereby, thereby shall be made by the Trustee in such manner and upon instructions given by such Person person or Persons persons as shall be specified therein or in the Company Order to be delivered to the Trustee pursuant to Section 3.03 2.4 or 3.04Section 2.11. Subject to the provisions of Section 3.03 2.4 and, if applicable, Section 3.042.11, the Trustee shall deliver and redeliver any Security in permanent global form in the manner and upon instructions given by the Person person or Persons persons specified therein or in the applicable Company Order. Any If a Company Order pursuant to Section 2.4 or 2.11 has been, or simultaneously is, delivered, any instructions by the Company with respect to endorsement or delivery or redelivery of a Security in global form shall be in writing but need not comply with Section 1.02 hereof 13.4 or 13.5 and need not be accompanied by an Opinion of Counsel. The provisions of the last paragraph sentence of Section 3.03 2.4 shall apply to any Security represented by a Security in global form if such Security was never issued and sold by the Company Company, and the Company delivers to the Trustee the Security in global form together with written instructions (which need not comply with Section 1.02 13.4 or 13.5 and need not be accompanied by an Opinion of Counsel) with regard to the reduction in the principal amount Principal Amount of Securities represented thereby, together with the written statement contemplated by the last paragraph sentence of Section 3.032.4. Notwithstanding the provisions of Section 2.01 Sections 2.1 and 3.072.13, unless otherwise specified as contemplated by Section 3.012.3(a), payment of principal of, premium, if any, Principal of and any interest on any Security in permanent global form shall be made to the Person person or Persons persons specified therein.
Appears in 3 contracts
Samples: Indenture (Apartment Investment & Management Co), Aimco Properties Lp, Apartment Investment & Management Co
Securities in Global Form. If Securities of or within a series are issuable in whole or in part in global form, as specified as contemplated by Section 3.1, then, notwithstanding clause (11) of Section 3.1 and the provisions of Section 3.2, any such Security shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it shall represent the aggregate or specified amount of Outstanding Securities of such series from time to time endorsed thereon and may also provide that the aggregate amount of Outstanding Securities of such series represented thereby may from time to time be reduced or increased to reflect exchanges. Any endorsement of a Security in global form to reflect the amount, or any increase or decrease in the amount, or changes in the rights of Holders, of Outstanding Securities represented thereby, thereby shall be made by the Trustee in such manner and upon instructions given by such Person or Persons as shall be specified therein or in the Company Order to be delivered to the Trustee pursuant to Section 3.03 3.3 or 3.04Section 3.4. Subject to the provisions of Section 3.03 3.3 and, if applicable, Section 3.043.4, the Trustee shall deliver and redeliver any Security in permanent global form in the manner and upon instructions given by the Person or Persons specified therein or in the applicable Company Order. Any If a Company Order pursuant to Section 3.3 or 3.4 has been, or simultaneously is, delivered, any instructions by the Company with respect to endorsement or delivery or redelivery of a Security in global form shall be in writing but need not comply with Section 1.02 hereof 1.2 and need not be accompanied by an Opinion of Counsel. The provisions of the last paragraph sentence of Section 3.03 3.3 shall apply to any security represented by a Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Security in global form together with written instructions (which need not comply with Section 1.02 1.2 and need not be accompanied by an Opinion of Counsel) with regard to the reduction in the principal amount of Securities represented thereby, together with the written statement contemplated by the last paragraph sentence of Section 3.033.3. Notwithstanding the provisions of Section 2.01 Sections 2.1 and 3.073.7, unless otherwise specified as contemplated by Section 3.013.1, payment of principal of, premium, if any, of and any premium and interest on any Security in permanent global form shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 and except as provided in the preceding paragraph, the Company, the Trustee and any agent of the Company and the Trustee shall treat a Person as the Holder of such principal amount of Outstanding Securities represented by a permanent global Security as shall be specified in a written statement of the Holder of such permanent global Security or, in the case of a permanent global Security in bearer form, of Euro-clear or CEDEL S.A. which is provided to the Trustee by such Person.
Appears in 3 contracts
Samples: Indenture (International Paper Co /New/), International Paper Capital Trust Iii, International Paper Capital Trust Iii
Securities in Global Form. If Securities of or within a series Series are issuable in whole or in part in global form, any such Security of such series may provide that it shall represent the aggregate or specified amount of Outstanding Securities of such series from time to time endorsed thereon and may also provide that the aggregate amount of Outstanding Securities of such series represented thereby may from time to time be reduced or increased to reflect exchanges. Any endorsement of a Security in global form to reflect the amount, or any increase or decrease in the amount, or changes in the rights of Holders, of Outstanding Securities represented thereby, shall be made in such manner and by such Person or Persons as shall be specified therein or in the Company Order order to be delivered to the Trustee pursuant to Section 3.03 2.6 or 3.042.11. Subject to the provisions of Section 3.03 2.6 and, if applicable, Section 3.042.13, the Trustee shall deliver and redeliver any Security in permanent global form in the manner and upon instructions given by the Person or Persons specified therein or in the applicable Company Orderorder. Any instructions by the Company with respect to endorsement or delivery deliver or redelivery of a Security in global form shall be in writing but need not comply with Section 1.02 hereof 11.5 and need not be accompanied by an Opinion of Counsel. The provisions of the last paragraph of Section 3.03 2.6 shall apply to any Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Security in global form together with written instructions (which need not comply with Section 1.02 11.5 and need not be accompanied by an Opinion of Counsel) with regard to the reduction in the principal amount of Securities represented thereby, together with the written statement contemplated by the last paragraph of Section 3.032.6. Notwithstanding the provisions of Section 2.01 and 3.073.1, unless otherwise specified as contemplated by Section 3.012.6, payment of principal of, premium, if any, of and interest on any Security in permanent global form shall be made to the Person or Persons specified therein.in such Security. ARTICLE THREE
Appears in 3 contracts
Samples: Navistar International Corp, Navistar International Corp, Navistar International Corp
Securities in Global Form. If Securities of or within a series are issuable in whole or in part in global form, as contemplated by SECTION 3.01, then, notwithstanding clause (10) of SECTION 3.01 and the provisions of SECTION 3.02, any such Security shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it shall represent the aggregate or specified amount of Outstanding Securities of such series from time to time endorsed thereon and may also provide that the aggregate amount of Outstanding Securities of such series represented thereby may from time to time be reduced or increased to reflect exchanges. Any endorsement of a Security in global form to reflect the amount, or any increase or decrease in the amount, or changes in the rights of Holders, of Outstanding Securities represented thereby, thereby shall be made by the Trustee in such manner and upon instructions given by such Person or Persons as shall be specified therein or in the Company Order to be delivered to the Trustee pursuant to Section SECTION 3.03 or SECTION 3.04. Subject to the provisions of Section SECTION 3.03 and, if applicable, Section SECTION 3.04, the Trustee shall deliver and redeliver any Security in permanent global form in the manner and upon instructions given by the Person or Persons specified therein or in the applicable Company Order. Any If a Company Order pursuant to SECTION 3.03 or 3.04 has been, or simultaneously is, delivered, any instructions by the Company with respect to endorsement or delivery or redelivery of a Security in global form shall be in writing but need not comply with Section SECTION 1.02 hereof and need not be accompanied by an Opinion of Counsel. The provisions of the last paragraph sentence of Section SECTION 3.03 shall apply to any Security represented by a Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Security in global form together with written instructions (which need not comply with Section SECTION 1.02 and need not be accompanied by an Opinion of Counsel) with regard to the reduction in the principal amount of Securities represented thereby, together with the written statement contemplated by the last paragraph sentence of Section SECTION 3.03. Notwithstanding the provisions of Section SECTIONS 2.01 and 3.07, unless otherwise specified as contemplated by Section SECTION 3.01, payment of principal of, premium, if any, of and any premium and interest on any Security in permanent global form shall be made to the Person or Persons specified therein.
Appears in 2 contracts
Samples: Illinois Power Co, Illinois Power Co
Securities in Global Form. If Securities of or within a series are issuable in whole or in part in global form, any such Security of such series may provide that it shall represent the aggregate or specified amount of Outstanding Securities of such series from time to time endorsed thereon and may also provide that the aggregate amount of Outstanding Securities of such series represented thereby may from time to time be reduced or increased to reflect exchangesexchanges for certificated securities. Any endorsement of a Security in global form to reflect the amount, or any increase or decrease in the amount, or changes in the rights of Holders, of Outstanding Securities represented thereby, shall be made in such manner and by such Person or Persons as shall be specified therein or in the Company Order to be delivered to the Trustee pursuant to Section 3.03 3.3 or 3.043.4. Subject to the provisions of Section 3.03 and, if applicable, Section 3.04, the Trustee shall deliver and redeliver any Security in permanent global form in the manner and upon instructions given by the Person or Persons specified therein or in the applicable Company Order. Any instructions by the Company with respect to endorsement or delivery or redelivery of a Security in global form shall be in writing but need not comply with Section 1.02 hereof and need not be accompanied by an Opinion of Counsel*/ Signing as duly authorized officer for each such Subsidiary Guarantor. The provisions of the last paragraph of Section 3.03 3.3 shall apply to any Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Security in global form together with written instructions (which need not comply with Section 1.02 1.2 hereof and need not be accompanied by an Officers' Certificate or an Opinion of Counsel) with regard to the reduction in the principal amount of Securities represented thereby, together with the written statement contemplated by the last paragraph of Section 3.033.3. Notwithstanding the provisions of Section 2.01 2.1 and 3.073.7, unless otherwise specified as contemplated by Section 3.013.1, payment of principal of, premium, if any, and interest on any Registered Security in permanent global form shall be made to the Person or Persons specified thereinregistered holder thereof.
Appears in 2 contracts
Samples: Allied Waste Industries Inc, Allied Waste Industries Inc
Securities in Global Form. If Securities of or within a series are issuable in whole or in part in global form, any such Security of such series may provide that it shall represent the aggregate or specified amount of Outstanding Securities of such series from time to time endorsed thereon and may also provide that the aggregate amount of Outstanding Securities of such series represented thereby may from time to time be reduced or increased to reflect exchanges. Any endorsement of a Security in global form to reflect the amount, or any increase or decrease in the amount, or changes in the rights of Holders, of Outstanding Securities represented thereby, shall be made in such manner and by such Person or Persons as shall be specified therein or in the Company Order to be delivered to the Trustee pursuant to Section 3.03 3.3 or 3.043.4. Subject to the provisions of Section 3.03 3.3 and, if applicable, Section 3.043.4, the Trustee shall deliver and redeliver any Security in permanent global form in the manner and upon instructions given by the Person or Persons specified therein or in the applicable Company Order. Any instructions by the Company with respect to endorsement or delivery or redelivery of a Security in global form shall be in writing but need not comply with Section 1.02 1.2 hereof and need not be accompanied by an Opinion of Counsel. The provisions of the last paragraph of Section 3.03 3.3 shall apply to any Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Security in global form together with written instructions (which need not comply with Section 1.02 1.2 and need not be accompanied by an Opinion of Counsel) with regard to the reduction in the principal amount of Securities represented thereby, together with the written statement contemplated by the last paragraph of Section 3.033.3. Notwithstanding the provisions of Section 2.01 2.1 and 3.073.7, unless otherwise specified as contemplated by Section 3.013.1, payment of principal of, premium, if any, and interest on any Security in permanent global form shall be made to the Person or Persons specified therein.
Appears in 2 contracts
Samples: Indenture (Southwestern Energy Co), Indenture (Southwestern Energy Co)
Securities in Global Form. If Securities of or within a series Series are issuable in whole or in part in global form, any such Security of such series may provide that it shall represent the aggregate or specified amount of Outstanding Securities of such series from time to time endorsed thereon and may also provide that the aggregate amount of Outstanding Securities of such series represented thereby may from time to time be reduced or increased to reflect exchanges. Any endorsement of a Security in global form to reflect the amount, or any increase or decrease in the amount, or changes in the rights of Holders, of Outstanding Securities represented thereby, shall be made in such manner and by such Person or Persons as shall be specified therein or in the Company Order order to be delivered to the Trustee pursuant to Section 3.03 2.4 or 3.042.11. Subject to the provisions of Section 3.03 2.4 and, if applicable, Section 3.042.11, the Trustee shall deliver and redeliver any Security in permanent global form in the manner and upon instructions given by the Person or Persons specified therein or in the applicable Company Orderorder. Any instructions by the Company with respect to endorsement or delivery deliver or redelivery of a Security in global form shall be in writing but need not comply with Section 1.02 hereof 11.5 and need not be accompanied by an Opinion of Counsel. The provisions of the last paragraph of Section 3.03 2.4 shall apply to any Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Security in global form together with written instructions (which need not comply with Section 1.02 11.5 and need not be accompanied by an Opinion of Counsel) with regard to the reduction in the principal amount of Securities represented thereby, together with the written statement contemplated by the last paragraph of Section 3.032.4. Notwithstanding the provisions of Section 2.01 and 3.073.1, unless otherwise specified as contemplated by Section 3.012.4, payment of principal of, premium, if any, of and interest on any Security in permanent global form shall be made to the Person or Persons specified thereinin such Security.
Appears in 2 contracts
Samples: Indenture (Kellogg Co), Indenture (Kellogg Co)
Securities in Global Form. If Securities of or within a series are issuable in whole or in part in global form, as contemplated by SECTION 3.01, then, notwithstanding CLAUSE (10) of SECTION 3.01 and the provisions of SECTION 3.02, any such Security shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it shall represent the aggregate or specified amount of Outstanding Securities of such series from time to time endorsed thereon and may also provide that the aggregate amount of Outstanding Securities of such series represented thereby may from time to time be reduced or increased to reflect exchanges. Any endorsement of a Security in global form to reflect the amount, or any increase or decrease in the amount, or changes in the rights of Holders, of Outstanding Securities represented thereby, thereby shall be made by the Trustee in such manner and upon instructions given by such Person or Persons as shall be specified therein or in the Company Order to be delivered to the Trustee pursuant to Section SECTION 3.03 or SECTION 3.04. Subject to the provisions of Section SECTION 3.03 and, if applicable, Section SECTION 3.04, the Trustee shall deliver and redeliver any Security in permanent global form in the manner and upon instructions given by the Person or Persons specified therein or in the applicable Company Order. Any If a Company Order pursuant to SECTION 3.03 or 3.04 has been, or simultaneously is, delivered, any instructions by the Company with respect to endorsement or delivery or redelivery of a Security in global form shall be in writing but need not comply with Section SECTION 1.02 hereof and need not be accompanied by an Opinion of Counsel. The provisions of the last paragraph sentence of Section SECTION 3.03 shall apply to any Security represented by a Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Security in global form together with written instructions (which need not comply with Section SECTION 1.02 and need not be accompanied by an Opinion of Counsel) with regard to the reduction in the principal amount of Securities represented thereby, together with the written statement contemplated by the last paragraph sentence of Section SECTION 3.03. Notwithstanding the provisions of Section SECTIONS 2.01 and 3.07, unless otherwise specified as contemplated by Section SECTION 3.01, payment of principal of, premium, if any, of and any premium and interest on any Security in permanent global form shall be made to the Person or Persons specified therein.
Appears in 2 contracts
Samples: Illinois Power Co, Illinois Power Co
Securities in Global Form. If Securities of or within a series are issuable in whole or in part in global form, any such Security of such series may provide that it shall represent the aggregate or specified amount of Outstanding Securities of such series from time to time endorsed thereon and may also provide that the aggregate amount of Outstanding Securities of such series represented thereby may from time to time be reduced or increased to reflect exchanges. Any endorsement of a Security in global form to reflect the amount, or any increase or decrease in the amount, or changes in the rights of Holders, of Outstanding Securities represented thereby, shall be made in such manner and by such Person or Persons as shall be specified therein or in the Company Order to be delivered to the Trustee pursuant to Section 3.03 3.3 or 3.043.4. Subject to the provisions of Section 3.03 3.3 and, if applicable, Section 3.043.4, the Trustee shall deliver and redeliver any Security security in permanent global form in the manner and upon instructions given by the Person or Persons specified therein or in the applicable Company Order. Any instructions by the Company with respect to endorsement or delivery or redelivery of a Security in global form shall be in writing but need not comply with Section 1.02 1.2 hereof and need not be accompanied by an Opinion of Counsel. The provisions of the last paragraph of Section 3.03 3.3 shall apply to any Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Security in global form together with written instructions (which need not comply with Section 1.02 1.2 and need not be accompanied by an Opinion of Counsel) with regard to the reduction in the principal amount of Securities represented thereby, together with the written statement contemplated by the last paragraph of Section 3.033.3. Notwithstanding the provisions of Section 2.01 and 3.072.1, unless otherwise specified as contemplated by Section 3.013.1, payment of principal of, premium, if any, and interest interest, if any, on any Security in permanent global form shall be made to the Person or Persons specified therein.
Appears in 2 contracts
Samples: Indenture (Federal Mogul Corp), Federal Mogul U K Holdings Inc
Securities in Global Form. If Securities of or within a series are issuable in whole temporary or in part in permanent global form, as specified as contemplated by Section 2.3(a), then, notwithstanding clause (10) of Section 2.3(a) and the provisions of Section 2.3(b), any such Security shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it shall represent the aggregate or specified amount of Outstanding Securities of such series from time to time endorsed thereon and may also provide that the aggregate amount of Outstanding Securities of such series represented thereby may from time to time be reduced or increased to reflect exchanges. Any endorsement of a Security in global form to reflect the amount, or amount of any increase or decrease in the amount, or changes in the rights of Holders, amount of Outstanding Securities represented thereby, thereby shall be made by the Trustee in such manner and upon instructions given by such Person person or Persons persons as shall be specified therein or in the Company Order to be delivered to the Trustee pursuant to Section 3.03 2.4 or 3.04Section 2.11. Subject to the provisions of Section 3.03 2.4 and, if applicable, Section 3.042.11, the Trustee shall deliver and redeliver any Security in permanent global form in the manner and upon instructions given by the Person person or Persons persons specified therein or in the applicable Company Order. Any If a Company Order pursuant to Section 2.4 or 2.11 has been, or simultaneously is, delivered, any instructions by the Company with respect to endorsement or delivery or redelivery of a Security in global form shall be in writing but need not comply with Section 1.02 hereof 14.4 or 14.5 and need not be accompanied by an Opinion of Counsel. The provisions of the last paragraph sentence of Section 3.03 2.4 shall apply to any Security represented by a Security in global form if such Security was never issued and sold by the Company Company, and the Company delivers to the Trustee the Security in global form together with written instructions (which need not comply with Section 1.02 14.4 or 14.5 and need not be accompanied by an Opinion of Counsel) with regard to the reduction in the principal amount Principal Amount of Securities represented thereby, together with the written statement contemplated by the last paragraph sentence of Section 3.032.4. Notwithstanding the provisions of Section 2.01 Sections 2.1 and 3.072.13, unless otherwise specified as contemplated by Section 3.012.3(a), payment of principal of, premium, if any, Principal of and any interest on any Security in permanent global form shall be made to the Person person or Persons persons specified therein.
Appears in 2 contracts
Samples: Indenture (Dc Holdco Inc), Indenture (Dc Holdco Inc)
Securities in Global Form. If Securities of or within a series are issuable in whole or in part in global form, any such Security of such series may provide that it shall represent the aggregate or specified amount of Outstanding Securities of such series from time to time endorsed thereon and may also provide that the aggregate amount of Outstanding Securities of such series represented thereby may from time to time be reduced or increased to reflect exchanges. Any endorsement of a Security in global form to reflect the amount, or any increase or decrease in the amount, or changes in the rights of Holders, of Outstanding Securities represented thereby, shall be made in such manner and by such Person or Persons as shall be specified therein or in the Company Order to be delivered to the Trustee pursuant to Section 3.03 3.3 or 3.043.4. Subject to the provisions of Section 3.03 and3.3, Section 3.4, if applicable, and Section 3.043.5, the Trustee shall deliver and redeliver any Security in permanent global form in the manner and upon instructions given by the Person or Persons specified therein or in the applicable Company Order. Any instructions by the Company with respect to endorsement or delivery or redelivery of a Security in global form shall be in writing but need not comply with Section 1.02 1.2 hereof and need not be accompanied by an Officers' Certificate or an Opinion of Counsel. The provisions of the last paragraph of Section 3.03 3.3 shall apply to any Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Security in global form together with written instructions (which need not comply with Section 1.02 1.2 hereof and need not be accompanied by an Officers' Certificate or an Opinion of Counsel) with regard to the reduction in the principal amount of Securities represented thereby, together with the written statement contemplated by the last paragraph of Section 3.03. Notwithstanding the provisions of Section 2.01 and 3.07, unless otherwise specified as contemplated by Section 3.01, payment of principal of, premium, if any, and interest on any Security in permanent global form shall be made to the Person or Persons specified therein3.3.
Appears in 2 contracts
Securities in Global Form. If Securities of or within a series are issuable in whole or in part in global form, any as specified as contemplated by Section 3.1 then, notwithstanding clause (8) of Section 3.1 and the provisions of Section 3.2, such Security shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it shall represent the aggregate or specified amount of Outstanding Securities of such series from time to time endorsed thereon and may also provide that the aggregate amount of Outstanding Securities of such series represented thereby may from time to time be reduced or increased to reflect exchanges. Any endorsement of a Security in global form to reflect the amount, or any increase or decrease in the amount, or changes in the rights of Holders, of Outstanding Securities represented thereby, thereby shall be made by the Trustee in such manner and upon instructions given by such Person or Persons as shall be specified therein or in the Company Order to be delivered to the Trustee pursuant to Section 3.03 3.3 or 3.04Section 3.4. Subject to the provisions of Section 3.03 3.3 and, if applicable, Section 3.043.4, the Trustee shall deliver and redeliver any Security in permanent definitive global bearer form in the manner and upon written instructions given by the Person or Persons specified therein or in the applicable Company Orderorder. Any If a Company Order pursuant to Section 3.3 or 3.4 has been, or simultaneously is, delivered, any instructions by the Company with respect to endorsement or delivery or redelivery of a Security in global form shall be in writing but need not comply with Section 1.02 hereof 1.2 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of the eighth paragraph of Section 3.03 3.3 shall apply to any Security represented by a Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Security in global form together with written instructions (which need not comply with Section 1.02 1.2 and need not be accompanied by an Opinion of Counsel) with regard to the reduction in the principal amount of Securities represented thereby, together with the written statement contemplated by the last sentence of the eighth paragraph of Section 3.03. Notwithstanding the provisions of Section 2.01 and 3.07, unless otherwise specified as contemplated by Section 3.01, payment of principal of, premium, if any, and interest on any Security in permanent global form shall be made to the Person or Persons specified therein3.3.
Appears in 2 contracts
Samples: Aristar Inc, Washington Mutual Inc
Securities in Global Form. If Securities of or within a ------------------------- series are issuable in whole or in part in global form, any such Security of such series may provide that it shall represent the aggregate or specified amount of Outstanding Securities of such series from time to time endorsed thereon and may also provide that the aggregate amount of Outstanding Securities of such series represented thereby may from time to time be reduced or increased to reflect exchanges. Any endorsement of a Security in global form to reflect the amount, or any increase or decrease in the amount, or changes in the rights of Holders, of Outstanding Securities represented thereby, shall be made in such manner and by such Person or Persons as shall be specified therein or in the Company Order to be delivered to the Trustee pursuant to Section 3.03 3.3 or 3.043.4. Subject to the provisions of Section 3.03 3.3 and, if applicable, Section 3.043.4, the Trustee shall deliver and redeliver any Security security in permanent global form in the manner and upon instructions given by the Person or Persons specified therein or in the applicable Company Order. Any instructions by the Company with respect to endorsement or delivery or redelivery of a Security in global form shall be in writing but need not comply with Section 1.02 1.2 hereof and need not be accompanied by an Opinion of Counsel. The provisions of the last paragraph of Section 3.03 3.3 shall apply to any Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Security in global form together with written instructions (which need not comply with Section 1.02 1.2 and need not be accompanied by an Opinion of Counsel) with regard to the reduction in the principal amount of Securities represented thereby, together with the written statement contemplated by the last paragraph of Section 3.033.3. Notwithstanding the provisions of Section 2.01 2.1 and 3.073.7, unless otherwise specified as contemplated by Section 3.013.1, payment of principal of, premium, if any, and interest on any Security in permanent global form shall be made to the Person or Persons specified therein.
Appears in 2 contracts
Samples: Indenture (Acterna Corp), Acterna Corp
Securities in Global Form. If Securities of or within a series Series are issuable in whole or in part in global form, any such Security of such series may provide that it shall represent the aggregate or specified amount of Outstanding Securities of such series from time to time endorsed thereon and may also provide that the aggregate amount of Outstanding Securities of such series represented thereby may from time to time be reduced or increased to reflect exchanges. Any endorsement of a Security in global form to reflect the amount, or any increase or decrease in the amount, or changes in the rights of Holders, of Outstanding Securities represented thereby, shall be made in such manner and by such Person or Persons as shall be specified therein or in the Company Order Officers’ Certificate to be delivered to the Trustee pursuant to Section 3.03 2.4 or, if applicable, 2.8 or 3.042.11. Subject to the provisions of Section 3.03 2.4 and, if applicable, Section 3.042.8 or 2.11, the Trustee shall deliver and redeliver any Security in permanent global form in the manner and upon instructions given by the Person or Persons specified therein or in the applicable Company OrderOfficers’ Certificate. Any instructions Officers’ Certificate delivered by the Company with respect to endorsement or delivery deliver or redelivery of a Security in global form shall be in writing but need not comply with Section 1.02 hereof 11.5 and need not be accompanied by an Opinion of Counsel. The provisions of the last second paragraph of Section 3.03 2.4 shall apply to any Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Security in global form together with written instructions an Officers’ Certificate (which need not comply with Section 1.02 11.5 and need not be accompanied by an Opinion of Counsel) with regard to the reduction in the principal amount of Securities represented thereby, together with the written statement contemplated by the last paragraph of Section 3.032.4. Notwithstanding the provisions of Section 2.01 and 3.073.1, unless otherwise specified as contemplated by Section 3.012.4, payment of principal of, premium, if any, of and interest on any Security in permanent global form shall be made to the Person or Persons specified therein.in such Security. ARTICLE THREE
Appears in 2 contracts
Samples: Senior Indenture (ALTERRA CAPITAL HOLDINGS LTD), Alterra Finance LLC
Securities in Global Form. If Securities of or within a series Series are issuable in whole or in part in global form, any such Security of such series may provide that it shall represent the aggregate or specified amount of Outstanding Securities of such series from time to time endorsed thereon and may also provide that the aggregate amount of Outstanding Securities of such series represented thereby may from time to time be reduced or increased to reflect exchanges. Any endorsement of a Security in global form to reflect the amount, or any increase or decrease in the amount, or changes in the rights of Holders, of Outstanding Securities represented thereby, shall be made in such manner and by such Person or Persons as shall be specified therein or in the Company Order Officers’ Certificate to be delivered to the Trustee pursuant to Section 3.03 2.4 or, if applicable, 2.8 or 3.042.11. Subject to the provisions of Section 3.03 2.4 and, if applicable, Section 3.042.8 or 2.11, the Trustee shall deliver and redeliver any Security in permanent global form in the manner and upon instructions given by the Person or Persons specified therein or in the applicable Company OrderOfficers’ Certificate. Any instructions Officers’ Certificate delivered by the Company with respect to endorsement or delivery deliver or redelivery of a Security in global form shall be in writing but need not comply with Section 1.02 hereof 11.5 and need not be accompanied by an Opinion of Counsel. The provisions of the last second paragraph of Section 3.03 2.4 shall apply to any Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Security in global form together with written instructions an Officers’ Certificate (which need not comply with Section 1.02 11.5 and need not be accompanied by an Opinion of Counsel) with regard to the reduction in the principal amount of Securities represented thereby, together with the written statement contemplated by the last paragraph of Section 3.032.4. Notwithstanding the provisions of Section 2.01 and 3.073.1, unless otherwise specified as contemplated by Section 3.012.4, payment of principal of, premium, if any, of and interest on any Security in permanent global form shall be made to the Person or Persons specified thereinin such Security.
Appears in 1 contract
Securities in Global Form. The Securities may be issuable in global form. If Securities of or within a series are shall be issuable in whole or in part in global form, any such Security of such series may provide that it or any number of such Securities shall represent the aggregate or specified amount of all Outstanding Securities of such series (or such lesser amount as is permitted by the terms thereof) from time to time endorsed thereon and may also provide that the aggregate amount of Outstanding Securities of such series represented thereby may from time to time be increased or reduced or increased to reflect exchangesexchanges of interests in the Global Security for Securities issued in definitive form. Any endorsement of a any Global Security in global form to reflect the amount, or any increase or decrease in the amount, or changes in the rights of Holders, of Outstanding Securities represented thereby, thereby shall be made in such manner and by such Person or Persons as shall be specified therein or in the Company Order to be delivered to the Trustee pursuant to Section 3.03 or 3.04Section 3.05 with respect thereto. Subject to the provisions of Section 3.03 and, if applicable, Section 3.043.05, the Trustee shall deliver and redeliver any Global Security in permanent global form in the manner and upon instructions given by the Person or Persons specified therein or in the applicable Company Order. Any If a Company Order pursuant to Section 3.03 or Section 3.05 has been, or simultaneously is, delivered, any instructions by the Company with respect to endorsement or delivery or redelivery of a Global Security in global form shall be in writing but need not comply with Section 1.02 hereof be accompanied by or contained in an Officers’ Certificate and need not be accompanied by an Opinion of Counsel. The provisions of the last paragraph of Section 3.03 shall apply to any Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Security in global form together with written instructions (which need not comply with Section 1.02 and need not be accompanied by an Opinion of Counsel) with regard to the reduction in the principal amount of Securities represented thereby, together with the written statement contemplated by the last paragraph of Section 3.03. Notwithstanding the provisions of Section 2.01 and 3.073.08, unless otherwise specified as contemplated by Section 3.01, payment of principal of, premium, if any, of and any premium and interest on any Global Security in permanent global form shall be made to the Person or Persons specified thereinin the Global Security. Notwithstanding the provisions of Section 3.09 and except as provided in the preceding paragraph, the Company, the Trustee and any agent of the Company and the Trustee shall treat as the Holder of such principal amount of Outstanding Securities represented by a permanent Global Security in registered form, the Holder of such permanent Global Security in registered form.
Appears in 1 contract
Samples: Indenture (BBVA International Preferred, S.A. Unipersonal)
Securities in Global Form. If Securities of or within a series are issuable in whole or in part in global form, any such Security of such series may provide that it shall represent the aggregate or specified amount of Outstanding Securities of such series from time to time endorsed thereon and may also provide that the aggregate amount of Outstanding Securities of such series represented thereby may from time to time be reduced or increased to reflect exchanges. Any endorsement of a Security in global form to reflect the amount, or any increase or decrease in the amount, or changes in the rights of Holders, of Outstanding Securities represented thereby, shall be made in such manner and by such Person or Persons as shall be specified therein or in the Company Order to be delivered to the Trustee pursuant to Section 3.03 3.3 or 3.043.4. Subject to the provisions of Section 3.03 and3.3, Section 3.4, if applicable, and Section 3.043.5, the Trustee shall deliver and redeliver any Security in permanent global form in the manner and upon instructions given by the Person or Persons specified therein or in the applicable Company Order. Any instructions by the Company with respect to endorsement or delivery or redelivery of a Security in global form shall be in writing but need not comply with Section 1.02 1.2 hereof and need not be accompanied by an Officers' Certificate or an Opinion of Counsel. The provisions of the last paragraph of Section 3.03 3.3 shall apply to any Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Security in global form together with written instructions (which need not comply with Section 1.02 1.2 hereof and need not be accompanied by an Officers' Certificate or an Opinion of Counsel) with regard to the reduction in the principal amount of Securities represented thereby, together with the written statement contemplated by the last paragraph of Section 3.033.3. --------------------- */ Signing as duly authorized officer for each such Subsidiary Guarantor. - 26 - 35 Notwithstanding the provisions of Section 2.01 2.1 and 3.073.7, unless otherwise specified as contemplated by Section 3.013.1, payment of principal of, premium, if any, and interest on any Registered Security in permanent global form shall be made to the Person or Persons specified thereinregistered holder thereof.
Appears in 1 contract
Samples: Allied Waste Industries Inc
Securities in Global Form. If The Securities of or within a series are issuable may be issued, in whole or in part part, in global form. If Securities are issuable in global form, any such Security of such series may provide that it shall represent the aggregate or specified amount of Outstanding Securities of such series from time to time endorsed thereon and may also provide that the aggregate amount of Outstanding Securities of such series represented thereby may from time to time be increased or reduced or increased to reflect exchanges. Any endorsement of a any Security in global form to reflect the amount, or any increase or decrease in the amount, or changes in the rights of Holders, of Outstanding Securities represented thereby, thereby shall be made in such manner and by such Person or Persons as shall be specified therein or in the Company Order to be delivered to the Trustee pursuant to Section 3.03 or 3.043.04 with respect thereto. Subject to the provisions of Section 3.03 and, if applicable, Section 3.04, the Trustee shall deliver and redeliver any Security in permanent global form in the manner and upon instructions given by the Person or Persons specified therein or in the applicable Company Order. Any If a Company Order pursuant to Section 3.03 or 3.04 has been, or simultaneously is, delivered, any instructions by the Company with respect to endorsement or delivery or redelivery of a Security in global form shall be in writing but need not comply with Section 1.02 hereof and need not be accompanied by an Opinion of Counsel. The provisions of the last paragraph of Section 3.03 shall apply to any Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Security in global form together with written instructions (which need not comply with Section 1.02 and need not be accompanied by an Opinion of Counsel) with regard to the reduction in the principal amount of Securities represented thereby, together with the written statement contemplated by the last paragraph of Section 3.03. Notwithstanding the provisions of Section 2.01 and 3.07, unless otherwise specified as contemplated by Section 3.01, payment of principal of, premium, if any, of and any premium and interest on any Security in permanent global form shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.09 and except as provided in the preceding paragraph, the Company, the Trustee and any agent of the Company and the Trustee shall treat as the Holder of such principal amount of Outstanding Securities represented by a permanent global Security, the Holder of such permanent global Security.
Appears in 1 contract
Samples: Colonial Bancgroup Inc
Securities in Global Form. If Securities of or within a series are issuable in whole or in part in global form, as specified as contemplated by Section 301, then, notwithstanding clause (10) of Section 301 and the provisions of Section 302, any such Security shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it shall represent the aggregate or specified amount of Outstanding Securities of such series from time to time endorsed thereon and may also provide that the aggregate amount of Outstanding Securities of such series represented thereby may from time to time be reduced or increased to reflect exchanges. Any endorsement of a Security in global form to reflect the amount, or any increase or decrease in the amount, or changes in the rights of Holders, of Outstanding Securities represented thereby, thereby shall be made by the Trustee in such manner and upon instructions given by such Person or Persons as shall be specified therein or in the Company Order to be delivered to the Trustee pursuant to Section 3.03 303 or 3.04Section 304. Subject to the provisions of Section 3.03 303 and, if applicable, Section 3.04304, the Trustee shall deliver and redeliver any Security in permanent global form in the manner and upon instructions given by the Person or Persons specified therein or in the applicable Company Order. Any If a Company Order pursuant to Section 303 or Section 304 has been, or simultaneously is, delivered, any instructions by the Company with respect to endorsement or delivery or redelivery of a Security in global form shall be in writing but need not comply with Section 1.02 hereof 102 and need not be accompanied by an Opinion of Counsel. The provisions of the last paragraph sentence of Section 3.03 303 shall apply to any Security represented by a Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Security in global form from together with written instructions (which need not comply with Section 1.02 102 and need not be accompanied by an Opinion of Counsel) with regard to the reduction in the principal amount of Securities represented thereby, together with the written statement contemplated by the last paragraph sentence of Section 3.03303. Notwithstanding the provisions of Section 2.01 201 and 3.07307, unless otherwise specified as contemplated by Section 3.01301, payment of principal of, premium, if any, of and any premium and interest on any Security in permanent global form shall be made to the Person or Persons specified therein.
Appears in 1 contract
Samples: Indenture (DRS Technologies Inc)
Securities in Global Form. If Securities of or within ------------------------- a series are issuable in whole or in part in global form, any such Security of such series may provide that it shall represent the aggregate or specified amount of Outstanding Securities of such series from time to time endorsed thereon and may also provide that the aggregate amount of Outstanding Securities of such series represented thereby may from time to time be reduced or increased to reflect exchanges. Any endorsement of a Security in global form to reflect the amount, or any increase or decrease in the amount, or changes in the rights of Holders, of Outstanding Securities represented thereby, shall be made in such manner and by such Person or Persons as shall be specified therein or in the Company Order to be delivered to the Trustee pursuant to Section 3.03 or 3.04. Subject to the provisions of Section 3.03 and, if applicable, Section 3.04, the Trustee shall deliver and redeliver any Security in permanent global form in the manner and upon instructions given by the Person or Persons specified therein or in the applicable Company Order. Any instructions by the Company with respect to endorsement or delivery or redelivery of a Security in global form shall be in writing but need not comply with Section 1.02 hereof and need not be accompanied by an Opinion of Counsel. The provisions of the last paragraph of Section 3.03 shall apply to any Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Security in global form together with written instructions (which need not comply with Section 1.02 and need not be accompanied by an Opinion of Counsel) with regard to the reduction in the principal amount of Securities represented thereby, together with the written statement contemplated by the last paragraph of Section 3.03. Notwithstanding the provisions of Section 2.01 and 3.07, unless otherwise specified as contemplated by Section 3.01, payment of principal of, premium, if any, and interest on any Security in permanent global form shall be made to the Person or Persons specified therein.
Appears in 1 contract
Samples: Indenture (Metris Companies Inc)
Securities in Global Form. If Securities of or within a series are issuable in whole or in part in global form, any as specified as contemplated by Section 3.1 then, notwithstanding clause (8) of Section 3.1 and the provisions of Section 3.2, such Security shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it shall represent the aggregate or specified amount of Outstanding Securities of such series from time to time endorsed thereon and may also provide that the aggregate amount of Outstanding Securities of such series represented thereby may from time to time be reduced or increased to reflect exchanges. Any endorsement of a Security in global form to reflect the amount, or any increase or decrease in the amount, or changes in the rights of Holders, of Outstanding Securities represented thereby, thereby shall be made by the Trustee in such manner and upon instructions given by such Person or Persons as shall be specified therein or in the Company Order to be delivered to the Trustee pursuant to Section 3.03 3.3 or 3.04Section 3.4. Subject to the provisions of Section 3.03 3.3 and, if applicable, Section 3.043.4, the Trustee shall deliver and redeliver any Security in permanent definitive global bearer form in the manner and upon written instructions given by the Person or Persons specified therein or in the applicable Company Orderorder. Any If a Company Order pursuant to Section 3.3 or 3.4 has been, or simultaneously is, delivered, any instructions by the Company with respect to endorsement or delivery or redelivery of a Security in global form shall be in writing but need not comply with Section 1.02 hereof 1.2 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of the eighth paragraph of Section 3.03 3.3 shall apply to any Security represented by a Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Security in global form together with written instructions (which need not comply with Section 1.02 1.2 and need not be accompanied by an Opinion of Counsel) with regard to the reduction in the principal amount of Securities represented thereby, together with the written statement contemplated by the last sentence of the eighth paragraph of Section 3.033.3. Notwithstanding the provisions of Section 2.01 and 3.073.7, unless otherwise specified as contemplated by Section 3.013.1, payment of principal of, premium, if any, of and any premium and any interest on any Security in permanent definitive global form shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.6 and except as provided in the preceding paragraph, the Company, the Trustee and any agent of the Company and the Trustee shall treat a Person as the Holder of such principal amount of outstanding Securities represented by a definitive global security as shall be specified in a written statement of the Holder of such definitive global Security or, in the case of a definitive global Security in bearer form, of Euro-clear or CEDEL, S.A. which is produced to the Trustee by such Person.
Appears in 1 contract
Samples: Washington Mutual Inc
Securities in Global Form. If Securities of or within a series Series are issuable in whole or in part in global form, any such Security of such series may provide that it shall represent the aggregate or specified amount of Outstanding Securities of such series from time to time endorsed thereon and may also provide that the aggregate amount of Outstanding Securities of such series represented thereby may from time to time be reduced or increased to reflect exchanges. Any endorsement of a Security in global form to reflect the amount, or any increase or decrease in the amount, or changes in the rights of Holders, of Outstanding Securities represented thereby, shall be made in such manner and by such Person or Persons as shall be specified therein or in the Company Order order to be delivered to the Trustee pursuant to Section 3.03 2.4 or, if applicable, 2.8 or 3.042.11. Subject to the provisions of Section 3.03 2.4 and, if applicable, Section 3.042.8 or 2.11, the Trustee shall deliver and redeliver any Security in permanent global form in the manner and upon instructions given by the Person or Persons specified therein or in the applicable Company Orderorder. Any instructions by the Company with respect to endorsement or delivery deliver or redelivery of a Security in global form shall be in writing but need not comply with Section 1.02 hereof 11.5 and need not be accompanied by an Opinion of Counsel. The provisions of the last second paragraph of Section 3.03 2.4 shall apply to any Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Security in global form together with written instructions (which need not comply with Section 1.02 11.5 and need not be accompanied by an Opinion of Counsel) with regard to the reduction in the principal amount of Securities represented thereby, together with the written statement contemplated by the last paragraph of Section 3.032.4. Notwithstanding the provisions of Section 2.01 and 3.073.1, unless otherwise specified as contemplated by Section 3.012.4, payment of principal of, premium, if any, of and interest on any Security in permanent global form shall be made to the Person or Persons specified thereinin such Security.
Appears in 1 contract
Samples: Max USA Holdings Ltd.
Securities in Global Form. If Securities of or within a series Series are issuable in whole or in part in global form, any such Security of such series may provide that it shall represent the aggregate or specified amount of Outstanding Securities of such series from time to time endorsed thereon and may also provide that the aggregate amount of Outstanding Securities of such series represented thereby may from time to time be reduced or increased to reflect exchanges. Any endorsement of a Security in global form to reflect the amount, or any increase or decrease in the amount, or changes in the rights of Holders, of Outstanding Securities represented thereby, shall be made in such manner and by such Person or Persons as shall be specified therein or in the Company Order order to be delivered to the any Trustee pursuant to Section 3.03 2.4 or 3.04Section 2.11. Subject to the provisions of Section 3.03 2.4 and, if applicable, Section 3.042.11, the Trustee shall deliver and redeliver any Security in permanent global form in the manner and upon instructions given by the Person or Persons specified therein or in the applicable Company Orderorder. Any instructions by the Company with respect to endorsement or delivery or redelivery of a Security in global form shall be in writing but need not comply with Section 1.02 hereof 2.5 or Section 12.5 and need not be accompanied by an Opinion of Counsel. The provisions of the last paragraph of Section 3.03 2.4 shall apply to any Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee Trustees the Security in global form together with written instructions (which need not comply with Section 1.02 12.5 and need not be accompanied by an Opinion of Counsel) with regard to the reduction in the principal amount of Securities represented thereby, together with the written statement contemplated by the last paragraph of Section 3.032.4. Notwithstanding the provisions of Section 2.01 and 3.073.1, unless otherwise specified as contemplated by Section 3.012.4, payment of principal of, premium, if any, of and interest on any Security in permanent global form shall be made to the Person or Persons specified therein.in such Security. ARTICLE THREE
Appears in 1 contract
Samples: Kellogg Co
Securities in Global Form. If Securities any Debt Security of or within a series are is issuable in whole or in part in global form, any such Security the Global Note so issued may provide, notwithstanding clause (8) of such series may provide Section 3.01 and the provisions of Section 3.02, that it shall represent the aggregate or specified amount of Outstanding Securities of such series Debt securities from time to time endorsed thereon and may also provide that the aggregate amount of Outstanding Debt Securities of such series represented thereby may from time to time be reduced or increased to reflect exchangesthe amount of Debt Securities then Outstanding. Any endorsement of a Security in global form Global Note to reflect the amount, or any increase or decrease in the amount, or changes in the rights of Holders, of Outstanding outstanding Debt Securities represented thereby, thereby shall be made by the Trustee and in such manner and by such Person or Persons as shall be specified therein or in the Company Order to be delivered to the Trustee pursuant to Section 3.03 or 3.04. Subject to the provisions of Section 3.03 and, if applicable, Section 3.04, the Trustee shall deliver and redeliver any Security in permanent global form in the manner and upon instructions given by the Person or Persons specified therein or in the applicable Company Ordersuch Global Note. Any instructions by the Company with respect to endorsement or delivery or redelivery of a Security in global form Global Note, after its initial issuance, shall be in writing the form of an Officers' Certificate or Company Request or Company Order but need not otherwise comply with Section 1.02 hereof and need not be accompanied by an Opinion of Counsel1.02. The provisions of the last paragraph sentence of Section 3.03 shall apply to any Debt security represented by a Debt Security in global form if such Debt Security was never issued and sold by the Company and the Company delivers to the Trustee or the Security Registrar the Debt Security in global form together with written instructions (which need not comply with Section 1.02 and need not be accompanied by an Opinion of Counsel) with regard respect to the reduction in the principal amount of Debt Securities represented thereby, together with the written statement contemplated by the last paragraph sentence of Section 3.03. Notwithstanding the provisions of Section 2.01 Global Notes may be issued in either registered or bearer form and 3.07, unless otherwise specified as contemplated by Section 3.01, payment of principal of, premium, if any, and interest on any Security in either temporary or permanent global form shall form. Permanent Global Notes will be made to the Person or Persons specified therein.issued in definitive form. ARTICLE Three
Appears in 1 contract
Samples: Indenture (Hubbell Inc)
Securities in Global Form. If Securities of or within a series Series are issuable in whole or in part in global form, any such Security of such series may provide that it shall represent the aggregate or specified amount of Outstanding Securities of such series from time to time endorsed thereon and may also provide that the aggregate amount of Outstanding Securities of such series represented thereby may from time to time be reduced or increased to reflect exchanges. Any endorsement of a Security in global form to reflect the amount, or any increase or decrease in the amount, or changes in the rights of Holders, of Outstanding Securities represented thereby, shall be made in such manner and by such Person or Persons as shall be specified therein or in the Company Order order to be delivered to the Trustee pursuant to Section 3.03 2.4 or 3.04Section 2.11. Subject to the provisions of Section 3.03 2.4 and, if applicable, Section 3.042.11, the Trustee shall deliver and redeliver any Security in permanent global form in the manner and upon instructions given by the Person or Persons specified therein or in the applicable Company Orderorder. Any instructions by the Company with respect to endorsement or delivery deliver or redelivery of a Security in global form shall be in writing but need not comply with Section 1.02 hereof 11.5 and need not be accompanied by an Opinion of Counsel. The provisions of the last paragraph of Section 3.03 2.4 shall apply to any Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Security in global form together with written instructions (which need not comply with Section 1.02 11.5 and need not be accompanied by an Opinion of Counsel) with regard to the reduction in the principal amount of Securities represented thereby, together with the written statement contemplated by the last paragraph of Section 3.032.4. Notwithstanding the provisions of Section 2.01 and 3.073.1, unless otherwise specified as contemplated by Section 3.012.4, payment of principal of, premium, if any, of and interest on any Security in permanent global form shall be made to the Person or Persons specified therein.in such Security. ARTICLE THREE
Appears in 1 contract
Samples: Indenture (Kellanova)
Securities in Global Form. If Securities of or within a series Series are issuable in whole or in part in global form, any such Security of such series may provide that it shall represent the aggregate or specified amount of Outstanding Securities of such series from time to time endorsed thereon and may also provide that the aggregate amount of Outstanding Securities of such series represented thereby may from time to time be reduced or increased to reflect exchanges. Any endorsement of a Security in global form to reflect the amount, or any increase or decrease in the amount, or changes in the rights of Holders, of Outstanding Securities represented thereby, shall be made in such manner and by such Person or Persons as shall be specified therein or in the Company Order Officers’ Certificate to be delivered to the Trustee pursuant to Section 3.03 2.4 or, if applicable, 2.8 or 3.042.11. Subject to the provisions of Section 3.03 2.4 and, if applicable, Section 3.042.8 or 2.11, the Trustee shall deliver and redeliver any Security in permanent global form in the manner and upon instructions given by the Person or Persons specified therein or in the applicable Company OrderOfficers’ Certificate. Any instructions Officers’ Certificate delivered by the Company with respect to endorsement or delivery deliver or redelivery of a Security in global form shall be in writing but need not comply with Section 1.02 hereof 11.5 and need not be accompanied by an Opinion of Counsel. The provisions of the last second paragraph of Section 3.03 2.4 shall apply to any Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Security in global form together with written instructions an Officers’ Certificate (which need not comply with Section 1.02 11.5 and need not be accompanied by an Opinion of Counsel) with regard to the reduction in the principal amount of Securities represented thereby, together with the written statement contemplated by the last paragraph of Section 3.032.4. Notwithstanding the provisions of Section 2.01 and 3.073.1, unless otherwise specified as contemplated by Section 3.012.4, payment of principal of, premium, if any, of and interest on any Security in permanent global form shall be made to the Person or Persons specified therein.in such Security. ARTICLE THREE COVENANTS
Appears in 1 contract
Samples: Senior Indenture (Markel Corp)
Securities in Global Form. If Securities of or within a series are issuable in whole temporary or in part in permanent global form, as specified as contemplated by Section 2.3(a), then, notwithstanding clause (10) of Section 2.3(a) and the provisions of Section 2.3(b), any such Security shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it shall represent the aggregate or specified amount of Outstanding Securities of such series from time to time endorsed thereon and may also provide that the aggregate amount of Outstanding Securities of such series represented thereby may from time to time be reduced or increased to reflect exchanges. Any endorsement of a Security in global form to reflect the amount, or amount of any increase or decrease in the amount, or changes in the rights of Holders, amount of Outstanding Securities represented thereby, thereby shall be made by the Trustee in such manner and upon instructions given by such Person person or Persons persons as shall be specified therein or in the Company Order to be delivered to the Trustee pursuant to Section 3.03 2.4 or 3.04Section 2.11. Subject to the provisions of Section 3.03 2.4 and, if applicable, Section 3.042.11, the Trustee shall deliver and redeliver any Security in permanent global form in the manner and upon instructions given by the Person person or Persons persons specified therein or in the applicable Company Order. Any If a Company Order pursuant to Section 2.4 or 2.11 has been, or simultaneously is, delivered, any instructions by the Company with respect to endorsement or delivery or redelivery of a Security in global form shall be in writing but need not comply with Section 1.02 hereof 12.4 or 12.5 and need not be accompanied by an Opinion of Counsel. The provisions of the last paragraph sentence of Section 3.03 2.4 shall apply to any Security represented by a Security in global form if such Security was never issued and sold by the Company Company, and the Company delivers to the Trustee the Security in global form together with written instructions (which need not comply with Section 1.02 12.4 or 12.5 and need not be accompanied by an Opinion of Counsel) with regard to the reduction in the principal amount Principal Amount of Securities represented thereby, together with the written statement contemplated by the last paragraph sentence of Section 3.032.4. Notwithstanding the provisions of Section 2.01 Sections 2.1 and 3.072.13, unless otherwise specified as contemplated by Section 3.012.3(a), payment of principal of, premium, if any, Principal of and any interest on any Security in permanent global form shall be made to the Person person or Persons persons specified therein.
Appears in 1 contract
Samples: Apartment Investment & Management Co
Securities in Global Form. If Securities of or within a series are issuable in whole temporary or in part in permanent global form, as specified as contemplated by Section 2.3(a), then, notwithstanding clause (10) of Section 2.3(a) and the provisions of Section 2.3(b), any such Security shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it shall represent the aggregate or specified amount of Outstanding Securities of such series from time to time endorsed thereon and may also provide that the aggregate amount of Outstanding Securities of such series represented thereby may from time to time be reduced or increased to reflect exchanges. Any endorsement of a Security in global form to reflect the amount, or amount of any increase or decrease in the amount, or changes in the rights of Holders, amount of Outstanding Securities represented thereby, thereby shall be made by the Trustee in such manner and upon instructions given by such Person person or Persons persons as shall be specified therein or in the Company Order to be delivered to the Trustee pursuant to Section 3.03 2.4 or 3.04Section 2.11. Subject to the provisions of Section 3.03 2.4 and, if applicable, Section 3.042.11, the Trustee shall deliver and redeliver any Security in permanent global form in the manner and upon instructions given by the Person person or Persons persons specified therein or in the applicable Company Order. Any If a Company Order pursuant to Section 2.4 or 2.11 has been, or simultaneously is, delivered, any instructions by the Company with respect to endorsement or delivery or redelivery of a Security in global form shall be in writing but need not comply with Section 1.02 hereof 12.4 or 12.5 and need not be accompanied by an Opinion of Counsel. The provisions of the last paragraph sentence of Section 3.03 2.4 shall apply to any Security represented by a Security in global form if such Security was never issued and sold by the Company Company, and the Company delivers to the Trustee the Security in global form together with written instructions (which need not comply with Section 1.02 12.4 or 12.5 and need not be accompanied by an Opinion of Counsel) with regard to the reduction in the principal amount Principal Amount of Securities represented thereby, together with the written statement contemplated by the last paragraph sentence of Section 3.032.4. Notwithstanding the provisions of Section 2.01 Sections 2.1 and 3.072.13, unless otherwise other- wise specified as contemplated by Section 3.012.3(a), payment of principal of, premium, if any, Principal of and any interest on any Security in permanent global form shall be made to the Person person or Persons persons specified therein.
Appears in 1 contract
Samples: Aimco Properties Lp
Securities in Global Form. If Securities of or within a series are issuable in whole or in part in global form, any such Security of such series may provide that it shall represent the aggregate or specified amount of Outstanding Securities of such series from time to time endorsed thereon and may also provide that the aggregate amount of Outstanding Securities of such series represented thereby may from time to time be reduced or increased to reflect exchanges. Any endorsement of a Security in global form to reflect the amount, or amount of any increase or decrease in the amount, or changes in the rights of Holders, amount of Outstanding Securities represented thereby, thereby shall be made by the Trustee in such manner and upon instructions given by such Person person or Persons persons as shall be specified therein or in the Company Order to be delivered to the Trustee pursuant to Section 3.03 2.4 or 3.04Section 2.11. Subject to the provisions of Section 3.03 2.4 and, if applicable, Section 3.042.11, the Trustee shall deliver and redeliver any Security in permanent global form in the manner and upon instructions given by the Person person or Persons persons specified therein or in the applicable Company Order. Any If a Company Order pursuant to Section 2.4 or 2.11 has been, or simultaneously is, delivered, any instructions by the Company with respect to endorsement or other notation on the books and records of the Registrar or delivery or redelivery of a Security of such series in global form shall be in writing but need not comply with Section 1.02 hereof 12.4 or 12.5 and need not be accompanied by an Opinion of CounselCounsel (except as required by Section 2.4). Securities in global form may be issued in either registered or bearer form and in either temporary or permanent form. The provisions of the last paragraph sentence of Section 3.03 2.4 shall apply to any Security represented by a Security in global form if such Security was never issued and sold by the Company Company, and the Company delivers to the Trustee the Security in global form together with written instructions (which need not comply with Section 1.02 12.4 or 12.5 and need not be accompanied by an Opinion of Counsel) with regard to the reduction in the principal amount Principal Amount of Securities represented thereby, together with the written statement contemplated by the last paragraph sentence of Section 3.032.4. Notwithstanding the provisions of Section 2.01 Sections 2.1 and 3.072.13, unless otherwise specified as contemplated by Section 3.012.3(a), payment of principal of, premium, if any, Principal of and any interest on any Security in permanent global form shall be made to the Person person or Persons persons specified therein. Security (the "Temporary Global Bearer Security"), which Temporary Global Bearer Security shall be deposited on behalf of the beneficial owners of the Bearer Securities represented thereby with The Bank of New York Depositary (Nominees) Limited, as common depositary (the "Common Depositary"), for credit to their respective accounts (or to such other accounts as they may direct) at Euroclear or Clearstream.
Appears in 1 contract
Samples: Indenture (Dun & Bradstreet Corp/Nw)
Securities in Global Form. If Securities of or within a series are issuable in whole or in part in global form, as contemplated by Section 3.1, then, notwithstanding clause (k) of Section 3.1 and the provisions of Section 3.2, any such Security shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it shall represent the aggregate or specified amount of Outstanding Securities of such series from time to time endorsed thereon and may also provide that the aggregate amount of Outstanding Securities of such series represented thereby may from time to time be reduced or increased to reflect exchanges. Any endorsement of a Security in global form to reflect the amount, or any increase or decrease in the amount, or changes in the rights of Holders, of Outstanding Securities represented thereby, thereby shall be made by the Trustee in such manner and upon instructions given by such Person or Persons as shall be specified therein in such Security or in the a Company Order to be delivered to the Trustee pursuant to Section 3.03 3.3 or 3.04Section 3.4. Subject to the provisions of Section 3.03 3.3 and, if applicable, Section 3.043.4, the Trustee shall deliver and redeliver any Security in permanent global form in the manner and upon instructions given by the Person or Persons specified therein in such Security or in the applicable Company Order. Any If a Company Order pursuant to Section 3.3 or 3.4 has been, or simultaneously is, delivered, any instructions by the Company with respect to endorsement or delivery or redelivery of a Security in global form shall be in writing but need not comply with Section 1.02 hereof 1.3 and need not be accompanied by an Opinion of Counsel. The provisions of the last paragraph sentence of Section 3.03 3.3 shall apply to any Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Security in global form together with written instructions (which need not comply with Section 1.02 1.3 and need not be accompanied by an Opinion of Counsel) with regard to the reduction in the principal amount of Securities represented thereby, together with the written statement contemplated by the last paragraph sentence of Section 3.033.3. Notwithstanding the provisions of Section 2.01 Sections 2.1 and 3.073.7, unless otherwise specified as contemplated by Section 3.013.1, payment of principal of, of (and premium, if any, ) and interest on and any Additional Amounts with respect to any Security in permanent global form shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 and except as provided in the preceding paragraph, the Company, the Trustee and any agent of the Company or of the Trustee shall treat a Person as the Holder of such principal amount of Outstanding Securities represented by a Global Security as shall be specified in a written statement, if any, of the Holder of such Global Security, which is produced to the Security Registrar by such Holder. Global Securities may be issued in either temporary or permanent form. Permanent Global Securities will be issued in definitive form.
Appears in 1 contract
Samples: Patterson Energy Inc
