Securities Issuable in Global Form. If Securities of or within a series are issuable in the form of one or more Global Securities, any such Global Security or Securities may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global Security to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or by such Person or Persons as shall be specified therein or in the Company Order to be delivered to the Trustee pursuant to Section 3.3 or 3.4. Subject to the provisions of Section 3.3 and, if applicable, Section 3.4, 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. 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 Global Security shall be in writing but need not comply with Section 1.2 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 shall apply to any Security represented by a Global Security if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Global Security together with written instructions (which need not comply with Section 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 Section 3.3. Notwithstanding the provisions of Section 3.7, unless otherwise specified as contemplated by Section 3.1, payment of principal of and any premium and interest on any Global Security 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 as the Holder of such principal amount of Outstanding Securities represented by a permanent Global Security (1) in the case of a permanent Global Security in registered form, the Holder of such permanent Global Security in registered form or (2) in the case of a permanent Global Security in bearer form, Euroclear or CEDEL. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nominee.
Appears in 4 contracts
Samples: Indenture (Neurocrine Biosciences Inc), Indenture (Jmar Technologies Inc), Indenture (Leap Wireless International Inc)
Securities Issuable in Global Form. If Securities of or within a series are issuable in the form of one or more Global Securities, then, notwithstanding clause (h) of Section 3.01 and the provisions of Section 3.02, any such Global Security or Securities may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global Security to reflect the amount, or any increase or decrease in the amount, or changes in the rights of Holders thereof, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or by such Person or Persons as shall be specified therein or in the Company Order to be delivered to the Trustee pursuant to Section 3.3 3.03 or 3.43.04. Subject to the provisions of Section 3.3 3.03 and, if applicable, Section 3.43.04, 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. If a Company Order pursuant to Section 3.3 3.03 or 3.4 3.04 has been, or simultaneously is, delivered, any instructions by the Company with respect to endorsement or delivery or redelivery of a Global Security shall be in writing but need not comply with Section 1.2 1.02 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 3.03 shall apply to any Security represented by a Global Security if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Global Security together with written instructions (which need not comply with Section 1.2 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 sentence of Section 3.33.03. Notwithstanding the provisions of Section 3.73.07, unless otherwise specified as contemplated by Section 3.13.01, payment of principal of and any premium and interest on any Global Security shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 3.08 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 (1a) in the case of a permanent Global Security in registered form, the Holder of such permanent Global Security in registered form or (2b) in the case of a permanent Global Security in bearer form, Euroclear or CEDEL. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary Depositary or a nominee of a depositaryDepositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary Depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary Depositary to a nominee of the depositary Depositary or by a nominee of the depositary Depositary to the depositary Depositary or another nominee of the depositary Depositary or by the depositary Depositary or its nominee to a successor depositary Depositary or its nominee.
Appears in 4 contracts
Samples: Indenture (Franchise Finance Corp of America), Indenture (Summit Securities Inc /Id/), Indenture (Metropolitan Mortgage & Securities Co Inc)
Securities Issuable in Global Form. If Securities of or within a series are issuable in global form, as specified as contemplated by Section 301, then, notwithstanding clause (8) of Section 301 and the form provisions of one or more Global SecuritiesSection 302, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or 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 3.3 303 or 3.4304. Subject to the provisions of Section 3.3 303 and, if applicable, Section 3.4304, 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 Issuer Order. If a Company an Issuer Order pursuant to Section 3.3 303 or 3.4 304 has been, or simultaneously is, delivered, any instructions by the Company Issuer 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 1.2 102 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 303 shall apply to any Security represented by a Global 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 Global Security in global form together with written instructions (which need not comply with Section 1.2 102 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 sentence of Section 3.3303. Notwithstanding the provisions of Section 3.7307, unless otherwise specified as contemplated by Section 3.1301, payment of principal of and any premium and interest on any Global Security in permanent global form shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 308 and except as provided in the preceding paragraph, the CompanyIssuer, the Trustee and any agent of the Company Issuer and the Trustee shall treat as the Holder of such principal amount of Outstanding Securities represented by a permanent Global global Security (1i) in the case of a permanent Global global Security in registered form, the Holder of such permanent Global global Security in registered form form, or (2ii) in the case of a permanent Global global Security in bearer form, Euroclear or CEDEL. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nomineeClearstream.
Appears in 4 contracts
Samples: Eighth Supplemental Indenture (Kimco Realty OP, LLC), Fourth Supplemental Indenture (Kimco Realty OP, LLC), Fourth Supplemental Indenture (Kimco Realty Corp)
Securities Issuable in Global Form. If Securities of or within a series are issuable in global form, as specified as contemplated by Section 301, then, notwithstanding clause (8) of Section 301 and the form provisions of one or more Global SecuritiesSection 302, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee or the Security Registrar in such manner or 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 3.3 303 or 3.4304. Subject to the provisions of Section 3.3 303 and, if applicable, Section 3.4304, the Trustee or the Security Registrar 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. If a Company Order pursuant to Section 3.3 303 or 3.4 304 has been, or simultaneously is, delivered, any instructions by the Company with respect to endorsement or endorsement, delivery or redelivery of a Global Security in global form shall be in writing but need not comply with Section 1.2 102 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 303 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee or the Global Security Registrar the Security in global form together with written instructions (which need not comply with Section 1.2 102 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 sentence of Section 3.3303. Notwithstanding the provisions of Section 3.7307, unless otherwise specified as contemplated by Section 3.1301, payment of principal of (and any premium premium, if any) and interest interest, if any, on any Global Security in permanent global form shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 309 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 global Security (1i) in the case of a permanent Global global Security in registered form, the Holder of such permanent Global global Security in registered form form, or (2ii) in the case of a permanent Global global Security in bearer form, Euroclear or CEDELClearstream. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nominee.ARTICLE THREE
Appears in 3 contracts
Samples: Indenture (Medallion Financial Corp), Medallion Financial Corp, Medallion Financial Corp
Securities Issuable in Global Form. If Securities of or within a series are issuable in global form, as specified as contemplated by Section 301, then, notwithstanding clause (8) of Section 301 and the form provisions of one or more Global SecuritiesSection 302, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or 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 3.3 303 or 3.4304. Subject to the provisions of Section 3.3 303 and, if applicable, Section 3.4304, 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. If a Company Order pursuant to Section 3.3 303 or 3.4 304 has been, or simultaneously is, delivered, any instructions by the Company with respect to endorsement or endorsement, delivery or redelivery of a Global Security in global form shall be in writing but need not comply with Section 1.2 102 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 303 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Global Security in global form together with written instructions (which need not comply with Section 1.2 102 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 sentence of Section 3.3303. Notwithstanding the provisions of Section 3.7307, unless otherwise specified as contemplated by Section 3.1301, payment of principal of (and any premium premium, if any) and interest interest, if any, on any Global Security in permanent global form shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 309 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 global Security (1i) in the case of a permanent Global global Security in registered form, the Holder of such permanent Global global Security in registered form form, or (2ii) in the case of a permanent Global global Security in bearer form, Euroclear or CEDEL. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nominee.ARTICLE THREE
Appears in 3 contracts
Samples: Indenture (Deere John Capital Corp), Deere John Capital Corp, Deere John Capital Corp
Securities Issuable in Global Form. If Securities of or within a series are issuable in global form, as specified as contemplated by Section 3.01, then, notwithstanding clause (viii) of Section 3.01 and the form provisions of one or more Global SecuritiesSection 3.02, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, amount or any increase or decrease in the amount, amount of Outstanding Securities represented thereby shall be made by the Trustee or the Security Registrar in such manner or 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 3.3 3.03 or 3.43.04. Subject to the provisions of Section 3.3 3.03 and, if applicable, Section 3.43.04, the Trustee or the Security Registrar 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. If a Company Order pursuant to Section 3.3 3.03 or 3.4 3.04 has been, or simultaneously is, delivered, any instructions by the Company with respect to endorsement or endorsement, delivery or redelivery of a Global Security in global form shall be in writing but need not comply with Section 1.2 1.02 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 3.03 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee or the Global Security Registrar the Security in global form together with written instructions (which need not comply with Section 1.2 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 sentence of Section 3.33.03. Notwithstanding the provisions of Section 3.73.07, unless otherwise specified as contemplated by Section 3.13.01, payment of principal of (and any premium premium, if any) and interest interest, if any, on any Global Security in permanent global form shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 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 global Security (1i) in the case of a permanent Global global Security in registered form, the Holder of such permanent Global global Security in registered form or (2ii) in the case of a permanent Global global Security in bearer form, Euroclear or CEDELClearstream. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nominee.ARTICLE THREE
Appears in 3 contracts
Samples: Indenture (THL Credit, Inc.), Horizon Technology Finance Corp, Golub Capital BDC, Inc.
Securities Issuable in Global Form. If Securities of or within a series are issuable in the form global form, as specified and contemplated by Section 3.01, then, notwithstanding clause (10) of one or more Global SecuritiesSection 3.01, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee Trustees in such manner or 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 Trustees pursuant to Section 3.3 3.03 or 3.4Section 3.04. Subject to the provisions of Section 3.3 3.03 and, if applicable, Section 3.43.04, the Trustee Trustees 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. If a Company Order pursuant to Section 3.3 3.03 or 3.4 Section 3.04 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 1.2 1.02 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 3.03 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee Trustees the Global Security in global form together with written instructions (which need not comply with Section 1.2 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 sentence of Section 3.33.03. Notwithstanding the provisions of Section 3.73.07, unless otherwise specified as contemplated by Section 3.13.01, payment of principal of (and any premium premium, if any) and interest interest, if any, on any Global Security in permanent global form shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 3.09 and except as provided in the preceding paragraph, the Company, the Trustee Trustees and any agent of the Company and the Trustee Trustees shall treat as the Holder of such principal amount of Outstanding Securities represented by a permanent Global global Security (1i) in the case of a permanent Global global Security in registered form, the Holder of such permanent Global global Security in registered form form, or (2ii) in the case of a permanent Global global Security in bearer form, Euroclear or CEDEL. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nomineeDepositary.
Appears in 3 contracts
Samples: Form of Indenture (Baja Mining Corp.), Taseko Mines LTD, Uranerz Energy Corp.
Securities Issuable in Global Form. If Securities of or within a series are issuable in the form global form, as contemplated by Section 3.1, then, notwithstanding clause (11) of one or more Global SecuritiesSection 3.1, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or 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 3.3 or Section 3.4. Subject to the provisions of Section 3.3 and, if applicable, Section 3.4, 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. If a Company Order pursuant to Section 3.3 or Section 3.4 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 1.2 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Global Security in global form together with written instructions (which need not comply with Section 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 Section 3.3. Notwithstanding the provisions of Section 3.7, unless otherwise specified as contemplated by Section 3.1, payment of principal of (and any premium premium, if any) and interest interest, if any, on any Global Security in permanent global form shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 3.9 and except as provided in the preceding paragraph, the Company, the Trustee and any agent of the Company and or the Trustee shall treat as the Holder of such principal amount of Outstanding Securities represented by a permanent Global global Security (1i) in the case of a permanent Global global Security in registered form, the Holder of such permanent Global global Security in registered form form, or (2ii) in the case of a permanent Global global Security in bearer form, Euroclear or CEDEL. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nomineeClearstream.
Appears in 3 contracts
Samples: Taseko Mines LTD, High Tide Inc., Northern Dynasty Minerals LTD
Securities Issuable in Global Form. If Securities of or within a series are issuable in the form global form, as specified and contemplated by Section 3.01, then, notwithstanding clause (10) of one or more Global SecuritiesSection 3.01, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee Trustees in such manner or 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 Trustees pursuant to Section 3.3 3.03 or 3.4Section 3.04. Subject to the provisions of Section 3.3 3.03 and, if applicable, Section 3.43.04, the Trustee Trustees 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. If a Company Order pursuant to Section 3.3 3.03 or 3.4 Section 3.04 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 1.2 1.02 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 3.03 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee Trustees the Global Security in global form together with written instructions (which need not comply with Section 1.2 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 sentence of Section 3.33.03. Notwithstanding the provisions of Section 3.73.07, unless otherwise specified as contemplated by Section 3.13.01, payment of principal of (and any premium premium, if any) and interest interest, if any, on any Global Security in permanent global form shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 3.08 and except as provided in the preceding paragraph, the Company, the Trustee Trustees and any agent of the Company and the Trustee Trustees shall treat as the Holder of such principal amount of Outstanding Securities represented by a permanent Global global Security (1i) in the case of a permanent Global global Security in registered form, the Holder of such permanent Global global Security in registered form form, or (2ii) in the case of a permanent Global global Security in bearer form, Euroclear or CEDEL. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nomineeDepositary.
Appears in 3 contracts
Samples: Indenture (Energy Fuels Inc), Energy Fuels Inc, Kimber Resources Inc.
Securities Issuable in Global Form. If Securities of or within a series are issuable in the form of one or more Global Securities, then, notwithstanding clause (8) of Section 3.01 and the provisions of Section 3.02, any such Global Security or Securities may provide that it or they shall represent the aggregate 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 Series of such series represented thereby may from time to time be increased or decreased to reflect exchanges. Any endorsement of any Global Security to reflect the amount, or any increase or decrease in the amount, or changes in the rights of Holders thereof, of Outstanding Securities represented thereby shall be made by the Indenture Trustee in such manner or by such Person or Persons as shall be specified therein or in the Company Order to be delivered to the Indenture Trustee pursuant to Section 3.3 3.03 or 3.43.04. Subject to the provisions of Section 3.3 3.03 and, if applicable, Section 3.43.04, the Indenture 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. If a Company Order pursuant to Section 3.3 3.03 or 3.4 3.04 has been, or simultaneously is, delivered, any instructions by the Company with respect to endorsement or delivery or redelivery of a Global Security shall be in writing but need not comply with Section 1.2 1.02 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 3.03 shall apply to any Security represented by a Global Security if such Security was never issued and sold by the Company and the Company delivers to the Indenture Trustee the Global Security together with written instructions (which need not comply with Section 1.2 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 sentence of Section 3.33.03. Notwithstanding the provisions of Section 3.73.07, unless otherwise specified as contemplated by Section 3.13.01, payment of principal of and any premium premium, if any, and interest on any Global Security in permanent global form shall be made to the Person or Persons specified thereinregistered Holder thereof. Notwithstanding the provisions of Section 3.8 3.08 and except as provided in the next preceding paragraph, the Company, the Indenture Trustee and any agent of the Company and the Indenture Trustee shall treat as the Holder of such principal amount of Outstanding Securities represented by a permanent Global Security (1i) in the case of a permanent Global Security in registered form, the Holder of such permanent Global Security in registered form form, or (2ii) in the case of a permanent Global Security in bearer form, Euroclear or CEDEL. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: "This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary Depository or a nominee of a depositaryDepository. This Security is exchangeable for Securities registered in the name of a person other than the depositary Depository or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary Depository to a nominee of the depositary Depository or by a nominee of the depositary Depository to the depositary Depository or another nominee of the depositary Depository or by the depositary Depository or its nominee to a successor depositary Depository or its nominee."
Appears in 3 contracts
Samples: Indenture (Beazer Homes Usa Inc), Indenture (Lexington Corporate Properties Trust), Lexington Corporate Properties Trust
Securities Issuable in Global Form. If Securities of or within a series are issuable in global form, as specified as contemplated by Section 3.01, then, notwithstanding clause (9) of Section 3.01 and the form provisions of one or more Global SecuritiesSection 3.02, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any a Global Security to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or 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 3.3 3.03 or 3.43.04. Subject to the provisions of Section 3.3 3.03 and, if applicable, Section 3.43.04, 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. If a Company Order pursuant to Section 3.3 3.03 or 3.4 3.04 has been, or simultaneously is, delivered, any instructions by the Company with respect to endorsement or endorsement, delivery or redelivery of a Global Security in global form shall be in writing but need not comply with Section 1.2 1.02 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 3.03(g) shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Global Security in global form together with written instructions (which need not comply with Section 1.2 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 sentence of Section 3.33.03(g). Notwithstanding the provisions of Section 3.73.07, unless otherwise specified as contemplated by Section 3.13.01, payment of principal of (and any premium premium, if any) and interest interest, if any, on any permanent Global Security shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 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 (1i) in the case of a permanent Global Security in registered form, the Holder of such permanent Global Security in registered form form, or (2ii) in the case of a permanent Global Security in bearer form, Euroclear Euroclear, CEDEL or CEDEL. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any such other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form Person as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary known to the depositary or another nominee of Trustee to be the depositary or by the depositary or its nominee to a successor depositary or its nomineebearer thereof.
Appears in 3 contracts
Samples: Indenture (Bergen Brunswig Corp), Indenture (Bergen Brunswig Corp), Indenture (Bergen Brunswig Corp)
Securities Issuable in Global Form. If Securities of or within a series are issuable in the form of one or more Global Securities, then, notwithstanding clause (8) of Section 3.1 and the provisions of Section 3.2, any such Global Security or Securities may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global Security to reflect the amount, or any increase or decrease in the amount, or changes in the rights of Holders thereof, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or by such Person or Persons as shall be specified therein or in the Company Order to be delivered to the Trustee pursuant to Section 3.3 or 3.4. Subject to the provisions of Section 3.3 and, if applicable, Section 3.4, 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. 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 Global Security shall be in writing but need not comply with Section 1.2 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 shall apply to any Security represented by a Global Security if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Global Security together with written instructions (which need not comply with Section 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 Section 3.3. Notwithstanding the provisions of Section 3.7, unless otherwise specified as contemplated by Section 3.1, payment of principal of and any premium or Make-Whole Amount, if any, and interest on any Global Security in permanent global form shall be made to the Person or Persons specified thereinregistered Holder thereof. 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 as the Holder of such principal amount of Outstanding Securities represented by a permanent Global Security (1) in the case of a permanent Global Security in registered form, the Holder of such permanent Global Security in registered form or (2) in the case of a permanent Global Security in bearer form, Euroclear or CEDEL. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: "This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary Depositary or a nominee of a depositaryDepositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary Depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary Depositary to a nominee of the depositary Depositary or by a nominee of the depositary Depositary to the depositary Depositary or another nominee of the depositary Depositary or by the depositary Depositary or its nominee to a successor depositary Depositary or its nominee."
Appears in 3 contracts
Samples: Commercial Net Lease Realty Inc, Commercial Net Lease Realty Inc, National Retail Properties, Inc.
Securities Issuable in Global Form. If Securities of or within a series Series are issuable in the form of one or more Global Securities, then, notwithstanding clause (8) of Section 3.01 and the provisions of Section 3.02, any such Global Security or Securities may provide that it or they shall represent the aggregate amount of all Outstanding Securities of such series 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 Series represented thereby may from time to time be increased or decreased to reflect exchanges. Any endorsement of any Global Security to reflect the amount, or any increase or decrease in the amount, or changes in the rights of Holders thereof, of Outstanding Securities represented thereby shall be made (or caused to be made) by the Trustee in such manner or by such Person or Persons as shall be specified therein or in the Company Order to be delivered to the Trustee pursuant to Section 3.3 3.03 or 3.43.04. Subject to the provisions of Section 3.3 3.03 and, if applicable, Section 3.43.04, 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. If a Company Order pursuant to Section 3.3 3.03 or 3.4 3.04 has been, or simultaneously is, delivered, any instructions by the Company with respect to endorsement or delivery or redelivery of a Global Security shall be in writing but need not comply with Section 1.2 1.02 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 3.03 shall apply to any Security represented by a Global Security if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Global Security together with written instructions (which need not comply with Section 1.2 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 sentence of Section 3.33.03. Notwithstanding the provisions of Section 3.73.07, unless otherwise specified as contemplated by Section 3.13.01, payment of principal of and any premium or Make-Whole Amount, if any, and interest interest, if any, on any Global Security in permanent global form shall be made to the Person or Persons specified thereinregistered Holder thereof. Notwithstanding the provisions of Section 3.8 3.08 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 (1i) in the case of a permanent Global Security in registered form, the Holder of such permanent Global Security in registered form form, or (2ii) in the case of a permanent Global Security in bearer form, Euroclear or CEDELClearstream. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: “This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary Depository or a nominee of a depositaryDepository. This Security is exchangeable for Securities registered in the name of a person other than the depositary Depository or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary Depository to a nominee of the depositary Depository or by a nominee of the depositary Depository to the depositary Depository or another nominee of the depositary Depository or by the depositary Depository or its nominee to a successor depositary Depository or its nominee.”
Appears in 3 contracts
Samples: Boston Properties LTD Partnership, Boston Properties LTD Partnership, Boston Properties LTD Partnership
Securities Issuable in Global Form. If Securities of or within a series are issuable in the form global form, as specified and contemplated by Section 3.1, then, notwithstanding clause (10) of one or more Global SecuritiesSection 3.1, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee Trustees in such manner or 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 Trustees pursuant to Section 3.3 or Section 3.4. Subject to the provisions of Section 3.3 and, if applicable, Section 3.4, the Trustee Trustees 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. If a Company Order pursuant to Section 3.3 or Section 3.4 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 1.2 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee Trustees the Global Security in global form together with written instructions (which need not comply with Section 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 Section 3.3. Notwithstanding the provisions of Section 3.7, unless otherwise specified as contemplated by Section 3.1, payment of principal of (and any premium premium, if any) and interest interest, if any, on any Global Security in permanent global form shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 3.9 and except as provided in the preceding paragraph, the Company, the Trustee Trustees and any agent of the Company and the Trustee Trustees shall treat as the Holder of such principal amount of Outstanding Securities represented by a permanent Global global Security (1i) in the case of a permanent Global global Security in registered form, the Holder of such permanent Global global Security in registered form form, or (2ii) in the case of a permanent Global global Security in bearer form, Euroclear or CEDEL. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nomineeClearstream.
Appears in 3 contracts
Samples: Indenture (North American Palladium LTD), Indenture (North American Palladium LTD), Indenture (North American Palladium LTD)
Securities Issuable in Global Form. If Securities of or within a series are issuable in the form global form, as specified as contemplated by Section 301, then, notwithstanding clause (10) of one or more Global SecuritiesSection 301, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee or, in the case of Securities issued in global form under the New Safekeeping Structure, as set forth in Section 204, in such manner or 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 or, in the case of Securities issued in global form under the New Safekeeping Structure, the Security Registrar pursuant to Section 3.3 303 or 3.4Section 304. Subject to the provisions of Section 3.3 303 and, if applicable, Section 3.4304, the Trustee or, in the case of Securities issued in global form under the New Safekeeping Structure, the Security Registrar 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. If a Company Order pursuant to Section 3.3 303 or 3.4 Section 304 has been, or simultaneously is, delivered, any instructions by the Company Issuer 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 1.2 102 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 303 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company Issuer and the Company Issuer delivers to the Trustee or, in the Global case of Securities issued in global form under the New Safekeeping Structure, the Security Registrar the Security in global form together with written instructions (which need not comply with Section 1.2 102 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 sentence of Section 3.3303. Notwithstanding the any provisions of Section 3.7307 to the contrary, unless otherwise specified as contemplated by Section 3.1301, payment of principal of (and any premium premium, if any) and interest interest, if any, on any Global Security in permanent global form shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 309 and except as provided in the preceding paragraph, the Company, the Issuer, the Trustee and any agent of the Company Company, the Issuer and the Trustee shall treat as the Holder of such principal amount of Outstanding Securities represented by a permanent Global global Security (1i) in the case of a permanent Global global Security in registered form, the Holder of such permanent Global global Security in registered form form, or (2ii) in the case of a permanent Global global Security in bearer form, Euroclear or CEDEL. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nomineeClearstream.
Appears in 2 contracts
Samples: Supplemental Indenture (Boston Scientific Corp), Supplemental Indenture (American Medical Systems Europe B.V.)
Securities Issuable in Global Form. If Securities of or within a series are issuable in global form, as specified as contemplated by Section 3.1, then, notwithstanding clause (8) of Section 3.1 and the form provisions of one or more Global SecuritiesSection 3.2, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or 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 3.3 or 3.4. Subject to the provisions of Section 3.3 and, if applicable, Section 3.4, 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. 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 Global Security in global form shall be in writing but need not comply with Section 1.2 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Global Security in global form together with written instructions (which need not comply with Section 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 Section 3.3. Notwithstanding the provisions of Section 3.7, unless otherwise specified as contemplated by Section 3.1, payment of principal of and any premium and interest on any Global 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 as the Holder of such principal amount of Outstanding Securities represented by a permanent Global global Security (1i) in the case of a permanent Global global Security in registered form, the Holder of such permanent Global global Security in registered form form, or (2ii) in the case of a permanent Global global Security in bearer form, Euroclear or CEDEL. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nominee.
Appears in 2 contracts
Samples: Sirius Satellite Radio Inc, Cd Radio Inc
Securities Issuable in Global Form. If Securities of or within a series are issuable in global form, as specified as contemplated by Section 301, then, notwithstanding clause (8) of Section 301 and the form provisions of one or more Global SecuritiesSection 302, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee or the Security Registrar in such manner or by such Person or Persons as shall be and upon instructions specified therein or in the Company Order to be delivered to the Trustee pursuant to Section 3.3 303 or 3.4304. Subject to the provisions of Section 3.3 303 and, if applicable, Section 3.4304, the Trustee or the Security Registrar 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. 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 Global Security shall be in writing but need not comply with Section 1.2 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 303 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee or the Global Security Registrar the Security in global form together with written instructions (which need not comply with Section 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 Section 3.3303. Notwithstanding the provisions of Section 3.7307, unless otherwise specified as contemplated by Section 3.1301, payment of principal of (and any premium premium, if any, on) and interest interest, if any, on any Global Security in permanent global form shall be made to the Person or Persons registered Holder. Unless otherwise specified therein. Notwithstanding as contemplated by Section 301 for the provisions of Section 3.8 and except as provided in the preceding paragraphSecurities evidenced thereby, 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 (1) in the case of a permanent Global Security in registered form, the Holder of such permanent Global Security in registered form or (2) in the case of a permanent Global Security in bearer form, Euroclear or CEDEL. Any Global every global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositaryTHIS SECURITY IS A GLOBAL SECURITY WITHIN THE MEANING OF THE INDENTURE HEREINAFTER REFERRED TO AND IS REGISTERED IN THE NAME OF A DEPOSITORY OR A NOMINEE THEREOF. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the IndentureTHIS SECURITY MAY NOT BE EXCHANGED IN WHOLE OR IN PART FOR A SECURITY REGISTERED, andAND NO TRANSFER OF THIS SECURITY IN WHOLE OR IN PART MAY BE REGISTERED, unless and until it is exchanged for Securities in definitive form as aforesaidIN THE NAME OF ANY PERSON OTHER THAN SUCH DEPOSITORY OR A NOMINEE THEREOF, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nominee.EXCEPT IN THE LIMITED CIRCUMSTANCES DESCRIBED IN THE INDENTURE. ARTICLE THREE
Appears in 2 contracts
Samples: Indenture (Main Street Capital CORP), Indenture (Main Street Capital CORP)
Securities Issuable in Global Form. If Securities of or within a series are issuable in the form global form, as specified as contemplated by Section 301, then, notwithstanding clause (8) of one or more Global SecuritiesSection 301, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or 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 3.3 303 or 3.4Section 304. Subject to the provisions of Section 3.3 303 and, if applicable, Section 3.4304, 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. If a Company Order pursuant to Section 3.3 303 or 3.4 Section 304 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 1.2 102 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 303 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Global Security in global form together with written instructions (which need not comply with Section 1.2 102 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 sentence of Section 3.3303. Notwithstanding the any provisions of Section 3.7307 to the contrary, unless otherwise specified as contemplated by Section 3.1301, payment of principal of (and any premium premium, if any) and interest interest, if any, on any Global Security in global form shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 309 and except as provided in the preceding paragraph, the Company, the Trustee and any agent of the Company and or the Trustee shall treat as the Holder of such principal amount of Outstanding Securities represented by a permanent Global global Security (1i), in the case of a global Registered Security, the Holder thereof, or (ii) in the case of a permanent Global Security in registered form, the Holder of such permanent Global Security in registered form or (2) in the case of a permanent Global Security in bearer formglobal Bearer Security, Euroclear or CEDEL. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nomineeClearstream.
Appears in 2 contracts
Samples: Indenture (Singular Genomics Systems, Inc.), Indenture (Boingo Wireless Inc)
Securities Issuable in Global Form. If Securities of or within a series are issuable in global form, as specified as contemplated by Section 3.01, then, notwithstanding clause (8) of Section 3.01 and the form provisions of one or more Global SecuritiesSection 3.02, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee or the Security Registrar in such manner or 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 3.3 3.03 or 3.4Section 3.04. Subject to the provisions of Section 3.3 3.03 and, if applicable, Section 3.43.04, the Trustee or the Security Registrar 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. If a Company Order pursuant to Section 3.3 3.03 or 3.4 Section 3.04 has been, or simultaneously is, delivered, any instructions by the Company with respect to endorsement or endorsement, delivery or redelivery of a Global Security in global form shall be in writing but need not comply with Section 1.2 1.02 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 3.03 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee or the Global Security Registrar the Security in global form together with written instructions (which need not comply with Section 1.2 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 sentence of Section 3.33.03. Notwithstanding the provisions of Section 3.73.07, unless otherwise specified as contemplated by Section 3.13.01, payment of principal of (and any premium premium, if any) and interest interest, if any, on any Global Security in permanent global form shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 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 (1) in the case of a permanent Global Security in registered formglobal Security, the Holder of such permanent Global Security in registered form or (2) in global Security. Unless otherwise specified as contemplated by Section 3.01 for the case of a permanent Global Security in bearer formSecurities evidenced thereby, Euroclear or CEDEL. Any Global every global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositaryTHIS SECURITY IS A GLOBAL SECURITY WITHIN THE MEANING OF THE INDENTURE HEREINAFTER REFERRED TO AND IS REGISTERED IN THE NAME OF A DEPOSITORY OR A NOMINEE THEREOF. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the IndentureTHIS SECURITY MAY NOT BE EXCHANGED IN WHOLE OR IN PART FOR A SECURITY REGISTERED, andAND NO TRANSFER OF THIS SECURITY IN WHOLE OR IN PART MAY BE REGISTERED, unless and until it is exchanged for Securities in definitive form as aforesaidIN THE NAME OF ANY PERSON OTHER THAN SUCH DEPOSITORY OR A NOMINEE THEREOF, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nominee.EXCEPT IN THE LIMITED CIRCUMSTANCES DESCRIBED IN THE
Appears in 2 contracts
Samples: Indenture Agreement (TriplePoint Venture Growth BDC Corp.), Indenture Agreement (TriplePoint Venture Growth BDC Corp.)
Securities Issuable in Global Form. If Securities of or within a series are issuable in global form, as specified as contemplated by Section 3.01, then, notwithstanding clause (8) of Section 3.01 and the form provisions of one or more Global SecuritiesSection 3.02, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee or the Security Registrar in such manner or 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 3.3 3.03 or 3.43.04. Subject to the provisions of Section 3.3 3.03 and, if applicable, Section 3.43.04, the Trustee or the Security Registrar 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. If a Company Order pursuant to Section 3.3 3.03 or 3.4 3.04 has been, or simultaneously is, delivered, any instructions by the Company with respect to endorsement or endorsement, delivery or redelivery of a Global Security in global form shall be in writing but need not comply with Section 1.2 1.02 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 3.03 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee or the Global Security Registrar the Security in global form together with written instructions (which need not comply with Section 1.2 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 sentence of Section 3.33.03. Notwithstanding the provisions of Section 3.73.07, unless otherwise specified as contemplated by Section 3.13.01, payment of principal of (and any premium premium, if any) and interest interest, if any, on any Global Security in permanent global form shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 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 global Security (1i) in the case of a permanent Global global Security in registered form, the Holder of such permanent Global global Security in registered form form, or (2ii) in the case of a permanent Global global Security in bearer form, Euroclear or CEDEL. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nomineeClearstream.
Appears in 2 contracts
Samples: Indenture (Prospect Capital Corp), Indenture (Prospect Capital Corp)
Securities Issuable in Global Form. If Securities of or within a series are issuable in the form global form, as specified and contemplated by Section 3.01, then, notwithstanding clause (10) of one or more Global SecuritiesSection 3.01, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee Trustees in such manner or 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 Trustees pursuant to Section 3.3 3.03 or 3.4Section 3.04. Subject to the provisions of Section 3.3 3.03 and, if applicable, Section 3.43.04, the Trustee Trustees 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. If a Company Order pursuant to Section 3.3 3.03 or 3.4 Section 3.04 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 1.2 1.02 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 3.03 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee Trustees the Global Security in global form together with written instructions (which need not comply with Section 1.2 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 sentence of Section 3.33.03. Notwithstanding the provisions of Section 3.73.07, unless otherwise specified as contemplated by Section 3.13.01, payment of principal of (and any premium premium, if any) and interest interest, if any, on any Global Security in permanent global form shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 3.09 and except as provided in the preceding paragraph, the Company, the Trustee Trustees and any agent of the Company and the Trustee Trustees shall treat as the Holder of such principal amount of Outstanding Securities represented by a permanent Global Security (1) in the case of a permanent Global Security in registered formglobal Security, the Holder of such permanent Global global Security in registered form or (2) in the case of a permanent Global Security in bearer form, Euroclear or CEDEL. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nominee.
Appears in 2 contracts
Samples: Taseko Mines LTD, Taseko Mines LTD
Securities Issuable in Global Form. If Securities of or within a series are issuable in the global form (a “Global Security”), as specified as contemplated by Section 204 and Section 301, then, notwithstanding clause (8) of one or more Global SecuritiesSection 301, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any a Global Security to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or 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 3.3 303 or 3.4Section 304. Subject to the provisions of Section 3.3 303 and, if applicable, Section 3.4304, 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. If a Company Order pursuant to Section 3.3 303 or 3.4 Section 304 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 1.2 102 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 303 shall apply to any Security represented by a Global Security if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Global Security in global form together with written instructions (which need not comply with Section 1.2 102 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 sentence of Section 3.3303. Notwithstanding the provisions of Section 3.7307, unless otherwise specified as contemplated by Section 3.1301, payment of principal of and any premium and interest on any Global Security shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 309 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 (1) in the case of a permanent Global Security in registered form, the Holder of such permanent Global Security in registered form or (2) in the case of a permanent Global Security in bearer form, Euroclear or CEDEL. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nominee.
Appears in 2 contracts
Samples: Indenture (Nova Chemicals Corp /New), Indenture (Nova Chemicals Corp /New)
Securities Issuable in Global Form. If Securities of or within a series are issuable in the form global form, as specified as contemplated by Section 301, then, notwithstanding clause (8) of one or more Global SecuritiesSection 301, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or 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 3.3 303 or 3.4Section 304. Subject to the provisions of Section 3.3 303 and, if applicable, Section 3.4304, 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. If a Company Order pursuant to Section 3.3 303 or 3.4 Section 304 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 1.2 102 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 303 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Global Security in global form together with written instructions (which need not comply with Section 1.2 102 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 sentence of Section 3.3303. Notwithstanding the any provisions of Section 3.7307 to the contrary, unless otherwise specified as contemplated by Section 3.1301, payment of principal of (and any premium premium, if any) and interest interest, if any, on any Global Security in global form shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 309 and except as provided in the preceding paragraph, the Company, the Trustee and any agent of the Company and or the Trustee shall treat as the Holder of such principal amount of Outstanding Securities represented by a permanent Global global Security (1i), in the case of a global Registered Security, the Holder thereof, or (ii) in the case of a permanent Global Security in registered form, the Holder of such permanent Global Security in registered form or (2) in the case of a permanent Global Security in bearer formglobal Bearer Security, Euroclear or CEDELClearstream. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nominee.ARTICLE THREE THE SECURITIES
Appears in 2 contracts
Samples: Indenture (Coca-Cola European Partners Us, LLC), Indenture (Aemetis, Inc)
Securities Issuable in Global Form. If Securities of or within a series are issuable in the form global form, as specified as contemplated by Section 3.1, then, notwithstanding clause (10) of one or more Global SecuritiesSection 3.1, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or and upon instructions given by such Person or Persons as shall be specified therein or in the Company Corporation Order to be delivered to the Trustee pursuant to Section 3.3 or Section 3.4. Subject to the provisions of Section 3.3 and, if applicable, Section 3.4, 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 Corporation Order. If a Company Corporation Order pursuant to Section 3.3 or Section 3.4 has been, or simultaneously is, delivered, any instructions by the Company Corporation 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 1.2 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company Corporation and the Company Corporation delivers to the Trustee the Global Security in global form together with written instructions (which need not comply with Section 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 Section 3.3. Notwithstanding the provisions of Section 3.7, unless otherwise specified as contemplated by Section 3.1, payment of principal of (and any premium premium, if any) and interest interest, if any, on any Global Security in permanent global form shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 3.9 and except as provided in the preceding paragraph, the CompanyCorporation, the Trustee and any agent of the Company and Corporation or the Trustee shall treat as the Holder of such principal amount of Outstanding Securities represented by a permanent Global global Security (1i) in the case of a permanent Global global Security in registered form, the Holder of such permanent Global global Security in registered form form, or (2ii) in the case of a permanent Global global Security in bearer form, Euroclear or CEDEL. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nomineeClearstream.
Appears in 2 contracts
Samples: Indenture (Transalta Corp), Indenture (Transalta Corp)
Securities Issuable in Global Form. If Securities of or within a series are issuable in the form global form, as specified and contemplated by Section 301, then, notwithstanding clause (8) of one or more Global SecuritiesSection 301 and Section 302, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or and upon written instructions given by such Person or Persons as shall be specified therein or in the Company Corporation Order to be delivered to the Trustee pursuant to Section 3.3 303 or 3.4Section 304. Subject to the provisions of Section 3.3 303 and, if applicable, Section 3.4304, the Trustee shall deliver and redeliver any Global Security in permanent global form in the manner and upon written instructions given by the Person or Persons specified therein or in the applicable Company Corporation Order. If a Company Corporation Order pursuant to Section 3.3 303 or 3.4 Section 304 has been, or simultaneously is, delivered, any instructions by the Company Corporation 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 1.2 102 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 303 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company Corporation and the Company Corporation delivers to the Trustee the Global Security in global form together with written instructions (which need not comply with Section 1.2 102 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 sentence of Section 3.3303. Notwithstanding the provisions of Section 3.7307, unless otherwise specified as contemplated by Section 3.1301, payment of principal of (and any premium premium, if any) and interest interest, if any, on any Global 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 as the Holder of such principal amount of Outstanding Securities represented by a permanent Global Security (1) in the case of a permanent Global Security in registered form, the Holder of such permanent Global Security in registered form or (2) in the case of a permanent Global Security in bearer form, Euroclear or CEDEL. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nominee.ARTICLE THREE
Appears in 2 contracts
Samples: Indenture (Encana Corp), Encana Corp
Securities Issuable in Global Form. If Securities of or within a series are issuable in the form of one global form, as specified or more Global Securitiescontemplated by Section 301, then any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or and upon instructions given by such Person or Persons as shall be specified therein or in the Company Corporation Order to be delivered to the Trustee pursuant to Section 3.3 303 or 3.4Section 304. Subject to the provisions of Section 3.3 303 and, if applicable, Section 3.4304, 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 Corporation Order. 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 Global Security shall be in writing but need not comply with Section 1.2 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 303 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company Corporation and the Company Corporation delivers to the Trustee the Global Security in global form together with written instructions an Officer’s Certificate (which need not comply with Section 1.2 102 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 Officer’s Certificate contemplated by the last sentence of Section 3.3303. Notwithstanding the provisions of Section 3.7307, unless otherwise specified as contemplated by Section 3.1301, payment of principal of (and any premium premium, if any, on) and interest on any Global Security in permanent global form shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 309 and except as provided in the preceding paragraph, the CompanyCorporation, the Trustee and any agent of the Company Corporation and the Trustee shall treat as the Holder of such principal amount of Outstanding Securities represented by a permanent Global Security global Security: (1i) in the case of a permanent Global global Security in registered form, the Holder of such permanent Global global Security in registered form form, or (2ii) in the case of a permanent Global global Security in bearer form, Euroclear or CEDEL. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nomineeClearstream.
Appears in 2 contracts
Securities Issuable in Global Form. If Securities of or within a series are issuable in the form global form, as specified and contemplated by Section 301, then, notwithstanding clause (8) of one or more Global SecuritiesSection 301 and Section 302, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or and upon written 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 3.3 303 or 3.4Section 304. Subject to the provisions of Section 3.3 303 and, if applicable, Section 3.4304, the Trustee shall deliver and redeliver any Global Security in permanent global form in the manner and upon written instructions given by the Person or Persons specified therein or in the applicable Company Order. If a Company Order pursuant to Section 3.3 303 or 3.4 Section 304 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 1.2 102 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 303 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Global Security in global form together with written instructions (which need not comply with Section 1.2 102 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 sentence of Section 3.3303. Notwithstanding the provisions of Section 3.7307, unless otherwise specified as contemplated by Section 3.1301, payment of principal of (and any premium premium, if any) and interest interest, if any, on any Global 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 as the Holder of such principal amount of Outstanding Securities represented by a permanent Global Security (1) in the case of a permanent Global Security in registered form, the Holder of such permanent Global Security in registered form or (2) in the case of a permanent Global Security in bearer form, Euroclear or CEDEL. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nominee.ARTICLE THREE
Appears in 2 contracts
Samples: Indenture (Encana Corp), Encana Corp
Securities Issuable in Global Form. If Securities of or within a series are issuable in global form, as specified as contemplated by Section 301, then, notwithstanding clause (8) of Section 301 and the form provisions of one or more Global SecuritiesSection 302, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee or the Security Registrar in such manner or 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 3.3 303 or 3.4Section 304. Subject to the provisions of Section 3.3 303 and, if applicable, Section 3.4304, the Trustee or the Security Registrar 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. If a Company Order pursuant to Section 3.3 303 or 3.4 Section 304 has been, or simultaneously is, delivered, any instructions by the Company with respect to endorsement or endorsement, delivery or redelivery of a Global Security in global form shall be in writing but need not comply with Section 1.2 102 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 303 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee or the Global Security Registrar the Security in global form together with written instructions (which need not comply with Section 1.2 102 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 sentence of Section 3.3303. Notwithstanding the provisions of Section 3.7307, unless otherwise specified as contemplated by Section 3.1301, payment of principal of (and any premium premium, if any) and interest interest, if any, on any Global Security in permanent global form shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 309 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 (1) in the case of a permanent Global Security in registered formglobal Security, the Holder of such permanent Global Security in registered form or (2) in global Security. Unless otherwise specified as contemplated by Section 301 for the case of a permanent Global Security in bearer formSecurities evidenced thereby, Euroclear or CEDEL. Any Global every global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositaryTHIS SECURITY IS A GLOBAL SECURITY WITHIN THE MEANING OF THE INDENTURE HEREINAFTER REFERRED TO AND IS REGISTERED IN THE NAME OF A DEPOSITORY OR A NOMINEE THEREOF. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the IndentureTHIS SECURITY MAY NOT BE EXCHANGED IN WHOLE OR IN PART FOR A SECURITY REGISTERED, andAND NO TRANSFER OF THIS SECURITY IN WHOLE OR IN PART MAY BE REGISTERED, unless and until it is exchanged for Securities in definitive form as aforesaidIN THE NAME OF ANY PERSON OTHER THAN SUCH DEPOSITORY OR A NOMINEE THEREOF, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nomineeEXCEPT IN THE LIMITED CIRCUMSTANCES DESCRIBED IN THE INDENTURE.
Appears in 2 contracts
Samples: Indenture (Suro Capital Corp.), Indenture (GSV Capital Corp.)
Securities Issuable in Global Form. If Securities of or within a series are issuable in global form, as specified as contemplated by Section 3.01, then, notwithstanding clause (8) of Section 3.01 and the form provisions of one or more Global SecuritiesSection 3.02, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or 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 3.3 3.03 or 3.43.04. Subject to the provisions of Section 3.3 3.03 and, if applicable, Section 3.43.04, 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. If a Company Order pursuant to Section 3.3 3.03 or 3.4 3.04 has been, or simultaneously is, delivered, any instructions by the Company with respect to endorsement or endorsement, delivery or redelivery of a Global Security in global form shall be in writing but need not comply with Section 1.2 1.03 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 3.03 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Global Security in global form together with written instructions (which need not comply with Section 1.2 1.03 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 Section 3.33.03. Notwithstanding the provisions of Section 3.73.07, unless otherwise specified as contemplated by Section 3.13.01, payment of principal of of, premium, if any, and any premium and interest interest, if any, on any Global Security in permanent global form shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 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 global Security (1i) in the case of a permanent Global global Security in registered form, the Holder of such permanent Global global Security in registered form form, or (2ii) in the case of a permanent Global global Security in bearer form, Euroclear or CEDELClearstream. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nominee.ARTICLE THREE
Appears in 2 contracts
Samples: Indenture (Sea Containers LTD /Ny/), Sea Containers LTD /Ny/
Securities Issuable in Global Form. If Securities of or within a series are issuable in the form of one or more Global Securities, then, notwithstanding clause (8) of Section 3.01 and the provisions of Section 3.02, any such Global Security or Securities may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global Security to reflect the amount, or any increase or decrease in the amount, or changes in the rights of Holders thereof, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or by such Person or Persons as shall be specified therein or in the Company Order to be delivered to the Trustee pursuant to Section 3.3 3.03 or 3.43.04. Subject to the provisions of Section 3.3 3.03 and, if applicable, Section 3.43.04, 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. If a Company Order pursuant to Section 3.3 3.03 or 3.4 3.04 has been, or simultaneously is, delivered, any instructions by the Company with respect to endorsement or delivery or redelivery of a Global Security shall be in writing but need not comply with Section 1.2 1.02 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 3.03 shall apply to any Security represented by a Global Security if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Global Security together with written instructions (which need not comply with Section 1.2 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 sentence of Section 3.33.03. Notwithstanding the provisions of Section 3.73.07, unless otherwise specified as contemplated by Section 3.13.01, payment of principal of and any premium or Make-Whole Amount, if any, and interest on any Global Security in permanent global form shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 3.08 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 (1) as shall be specified in the case a written statement of a permanent Global Security in registered form, the Holder of such permanent Global Security in registered form or (2) in the case of a permanent Global Security in bearer form, Euroclear or CEDELSecurity. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: "This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary Depository or a nominee of a depositaryDepository. This Security is exchangeable for Securities registered in the name of a person other than the depositary Depository or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary Depository to a nominee of the depositary Depository or by a nominee of the depositary Depository to the depositary Depository or another nominee of the depositary Depository or by the depositary Depository or its nominee to a successor depositary Depository or its nominee."
Appears in 2 contracts
Samples: Indenture (Camden Property Trust), Indenture (American Campus Communities Inc)
Securities Issuable in Global Form. If Securities of or within a series are issuable in global form, as specified as contemplated by Section 3.01, then, notwithstanding clause (8) of Section 3.01 and the form provisions of one or more Global SecuritiesSection 3.02, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee or the Security Registrar in such manner or 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 3.3 3.03 or 3.43.04. Subject to the provisions of Section 3.3 3.03 and, if applicable, Section 3.43.04, the Trustee or the Security Registrar 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. If a Company Order pursuant to Section 3.3 3.03 or 3.4 3.04 has been, or simultaneously is, delivered, any instructions by the Company with respect to endorsement or endorsement, delivery or redelivery of a Global Security in global form shall be in writing but need not comply with Section 1.2 1.02 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 3.03 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee or the Global Security Registrar the Security in global form together with written instructions (which need not comply with Section 1.2 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 sentence of Section 3.33.03. Notwithstanding the provisions of Section 3.73.07, unless otherwise specified as contemplated by Section 3.13.01, payment of principal of (and any premium premium, if any) and interest interest, if any, on any Global Security in permanent global form shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 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 (1) in the case of a permanent Global global Security in registered form, the Holder of such permanent Global global Security in registered form or (2) in the case of a permanent Global Security in bearer form, Euroclear or CEDEL. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nominee.
Appears in 2 contracts
Securities Issuable in Global Form. If The Securities of or within a series are issuable in the form of initially will be represented by one or more Global Securitiesnotes in registered, any global form without interest coupons, referred to as global notes. Any such Global Security or shall represent Outstanding Securities and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or 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 3.3 or 3.4. Subject to the provisions of Section 3.3 and, if applicable, Section 3.4, 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. 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 Global Security in global form shall be in writing but need not comply with Section 1.2 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Global Security in global form together with written instructions (which need not comply with Section 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 Section 3.3. Notwithstanding the provisions of Section 3.7, unless otherwise specified as contemplated by Section 3.1, payment of principal of (and any premium premium, if any) and interest on any Global 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 as the Holder of such principal amount of Outstanding Securities represented by a permanent Global Security (1) in the case of a permanent Global Security in registered form, the Holder of such permanent Global Security in registered form or (2) in the case of a permanent Global Security in bearer form, Euroclear or CEDEL. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nominee.
Appears in 2 contracts
Samples: Advanced Energy Industries Inc, Advanced Energy Industries Inc
Securities Issuable in Global Form. If Securities of or within a series are issuable in the form global form, as contemplated by Section 301, then, notwithstanding clause (8) of one or more Global SecuritiesSection 301, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or 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 3.3 303 or 3.4Section 304. Subject to the provisions of Section 3.3 303 and, if applicable, Section 3.4304, 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. If a Company Order pursuant to Section 3.3 303 or 3.4 Section 304 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 1.2 102 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 303 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Global Security in global form together with written instructions (which need not comply with Section 1.2 102 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 sentence of Section 3.3303. Notwithstanding the provisions of Section 3.7307, unless otherwise specified as contemplated by Section 3.1301, payment of principal of (and any premium premium, if any) and interest interest, if any, on any Global Security in permanent global form shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 309 and except as provided in the preceding paragraph, the Company, the Trustee and any agent of the Company and or the Trustee shall treat as the Holder of such principal amount of Outstanding Securities represented by a permanent Global global Security (1i) in the case of a permanent Global global Security in registered form, the Holder of such permanent Global global Security in registered form form, or (2ii) in the case of a permanent Global global Security in bearer form, Euroclear or CEDEL. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nomineeClearstream.
Appears in 2 contracts
Samples: Indenture (New Gold Inc. /FI), Indenture (Osisko Gold Royalties LTD)
Securities Issuable in Global Form. If Securities of or within a series are issuable in the form global form, as specified and contemplated by Section 301, then, notwithstanding clause (8) of one or more Global SecuritiesSection 301 and Section 302, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or and upon written 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 3.3 303 or 3.4Section 304. Subject to the provisions of Section 3.3 303 and, if applicable, Section 3.4304, the Trustee shall deliver and redeliver any Global Security in permanent global form in the manner and upon written instructions given by the Person or Persons specified therein or in the applicable Company Order. If a Company Order pursuant to Section 3.3 303 or 3.4 Section 304 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 1.2 102 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 303 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Global Security in global form together with written instructions (which need not comply with Section 1.2 102 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 sentence of Section 3.3303. Notwithstanding the provisions of Section 3.7307, unless otherwise specified as contemplated by Section 3.1301, payment of principal of (and any premium premium, if any) and interest interest, if any, on any Global 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 as the Holder of such principal amount of Outstanding Securities represented by a permanent Global Security (1) in the case of a permanent Global Security in registered form, the Holder of such permanent Global Security in registered form or (2) in the case of a permanent Global Security in bearer form, Euroclear or CEDEL. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nominee.
Appears in 2 contracts
Samples: Encana Corp, Encana Corp
Securities Issuable in Global Form. If Securities of or within a series are issuable in the form global form, as specified and contemplated by Section 3.1, then, notwithstanding clause (i) of one or more Global SecuritiesSection 3.1, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or 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 3.3 or Section 3.4. Subject to the provisions of Section 3.3 and, if applicable, Section 3.4, 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. If a Company Order pursuant to Section 3.3 or Section 3.4 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 1.2 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Global Security in global form together with written instructions (which need not comply with Section 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 Section 3.3. Notwithstanding the provisions of Section 3.7, unless otherwise specified as contemplated by Section 3.1, payment of principal of (and any premium premium, if any) and interest interest, if any, on any Global 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 as the Holder of such principal amount of Outstanding Securities represented by a permanent Global Security (1) in the case of a permanent Global Security in registered form, the Holder of such permanent Global Security in registered form or (2) in the case of a permanent Global Security in bearer form, Euroclear or CEDEL. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nominee.
Appears in 2 contracts
Samples: Indenture (Interoil Corp), Indenture (Interoil Corp)
Securities Issuable in Global Form. If Securities of or within a series are issuable in the form global form, as specified as contemplated by Section 3.1, then, notwithstanding clause (8) of one or more Global SecuritiesSection 3.1, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or 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 3.3 or Section 3.4, as applicable. Subject to the provisions of Section 3.3 and, if applicable, and Section 3.4, as applicable, 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. If a Company Order pursuant to Section 3.3 or Section 3.4 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 1.2 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Global Security in global form together with written instructions (which need not comply with Section 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 Section 3.3. Notwithstanding the any provisions of Section 3.73.7 to the contrary, unless otherwise specified as contemplated by Section 3.1, payment of principal of (and any premium premium, if any) and interest interest, if any, on any Global Security in permanent global form shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 3.9 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 global Security (1) i), in the case of a permanent Global global Security in registered form, the Holder of such permanent Global global Security in registered form form, or (2ii) in the case of a permanent Global global Security in bearer form, Euroclear or CEDEL. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nomineeClearstream.
Appears in 2 contracts
Samples: Hologic Inc, Hologic Inc
Securities Issuable in Global Form. If Securities of or within a series are issuable in the form global form, as specified or contemplated by Section 301, then, notwithstanding clause (8) of one or more Global SecuritiesSection 301, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or and upon instructions given by such Person or Persons as shall be specified therein or in the Company Corporation Order to be delivered to the Trustee pursuant to Section 3.3 303 or 3.4Section 304. Subject to the provisions of Section 3.3 303 and, if applicable, Section 3.4304, 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 Corporation Order. 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 Global Security shall be in writing but need not comply with Section 1.2 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 303 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company Corporation and the Company Corporation delivers to the Trustee the Global Security in global form together with written instructions an Officers’ Certificate (which need not comply with Section 1.2 103 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 Officers’ Certificate contemplated by the last sentence of Section 3.3303. Notwithstanding the provisions of Section 3.7307, unless otherwise specified as contemplated by Section 3.1301, payment of principal of (and any premium premium, if any, on) and interest on any Global Security in permanent global form shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 309 and except as provided in the preceding paragraph, the CompanyCorporation, the Trustee and any agent of the Company Corporation and the Trustee shall treat as the Holder of such principal amount of Outstanding Securities represented by a permanent Global Security (1) in the case of a permanent Global Security in registered formglobal Security, the Holder of such permanent Global global Security in registered form or (2) in the case of a permanent Global Security in bearer form, Euroclear or CEDEL. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nominee.
Appears in 2 contracts
Securities Issuable in Global Form. If Securities of or within a series are issuable in the form global form, as specified as contemplated by Section 301, then, notwithstanding clause (9) of one or more Global SecuritiesSection 301, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or 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 3.3 303 or 3.4Section 304. Subject to the provisions of Section 3.3 303 and, if applicable, Section 3.4304, 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. If a Company Order pursuant to Section 3.3 303 or 3.4 Section 304 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 1.2 102 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 303 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Global Security in global form together with written instructions (which need not comply with Section 1.2 102 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 sentence of Section 3.3303. Notwithstanding the provisions of Section 3.7307, unless otherwise specified as contemplated by Section 3.1301, payment of principal of (and any premium premium, if any) and interest interest, if any, on any Global Security in permanent global form shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 309 and except as provided in the preceding paragraph, the Company, the Trustee and any agent of the Company and or the Trustee shall treat as the Holder of such principal amount of Outstanding Securities represented by a permanent Global global Security (1i) in the case of a permanent Global global Security in registered form, the Holder of such permanent Global global Security in registered form form, or (2ii) in the case of a permanent Global global Security in bearer form, Euroclear or CEDEL. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nomineeClearstream.
Appears in 2 contracts
Samples: Indenture (Denison Mines Corp.), Indenture (Denison Mines Corp.)
Securities Issuable in Global Form. If Securities of or within a series are issuable in the form global form, as specified as contemplated by Section 3.01, then, notwithstanding clause (h) of one or more Global SecuritiesSection 3.01 and Section 3.02, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or 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 3.3 3.03 or 3.4Section 3.04. Subject to the provisions of Section 3.3 3.03 and, if applicable, Section 3.43.04, 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. If a Company Order pursuant to Section 3.3 3.03 or 3.4 Section 3.04 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 1.2 1.02 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 3.03 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Global Security in global form together with written instructions (which need not comply with Section 1.2 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 sentence of Section 3.33.03. Notwithstanding the provisions of Section 3.73.07, unless otherwise specified as contemplated by Section 3.13.01, payment of principal of (and any premium premium, if any) and interest interest, if any, on any Global Security in permanent global form shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 3.09 and except as provided in the preceding paragraph, the Company, the Trustee and any agent of the Company and or the Trustee shall treat as the Holder of such principal amount of Outstanding Securities represented by a permanent Global global Security (1i) in the case of a permanent Global global Security in registered form, the Holder of such permanent Global global Security in registered form form, or (2ii) in the case of a permanent Global global Security in bearer form, Euroclear or CEDELClearstream, as their interests may appear. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nominee.ARTICLE THREE THE SECURITIES
Appears in 1 contract
Samples: Four Seasons Hotels Inc
Securities Issuable in Global Form. If Securities of or within a series are issuable in the form global form, as specified as contemplated by Section 3.1, then, notwithstanding clause (8) of one or more Global SecuritiesSection 3.1, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or 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 3.3 or Section 3.4. Subject to the provisions of Section 3.3 and, if applicable, Section 3.4, 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. If a Company Order pursuant to Section 3.3 or Section 3.4 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 1.2 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Global Security in global form together with written instructions (which need not comply with Section 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 Section 3.3. Notwithstanding the provisions of Section 3.7, unless otherwise specified as contemplated by Section 3.1, payment of principal of and any premium and interest on any Global Security in permanent global form shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 3.9 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 global Security (1i) in the case of a permanent Global global Security in registered form, the Depositary or such other Holder of such permanent Global global Security in registered form form, or (2ii) in the case of a permanent Global global Security in bearer form, Euroclear or CEDEL. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form CEDEL S.A. as aforesaid, may not be transferred except as a whole specified by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nomineeCommon Depositary for such global security.
Appears in 1 contract
Securities Issuable in Global Form. If Securities of or within a series are issuable in the form of one or more Global Securities, any such Global Security or Securities may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global Security to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or by such Person or Persons as shall be specified therein or in the Company Order to be delivered to the Trustee pursuant to Section 3.3 303 or 3.4304. Subject to the provisions of Section 3.3 303 and, if applicable, Section 3.4304, 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. If a Company Order pursuant to Section 3.3 303 or 3.4 304 has been, or simultaneously is, delivered, any instructions by the Company with respect to endorsement or delivery or redelivery of a Global Security shall be in writing but need not comply with Section 1.2 102 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 303 shall apply to any Security represented by a Global Security if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Global Security together with written instructions (which need not comply with Section 1.2 102 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 sentence of Section 3.3303. Notwithstanding the provisions of Section 3.7307, unless otherwise specified as contemplated by Section 3.1301, payment of principal of and any premium and interest on any Global Security shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 308 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 (1) in the case of a permanent Global Security in registered form, the Holder of such permanent Global Security in registered form or (2) in the case of a permanent Global Security in bearer form, Euroclear or CEDEL. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1201, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nominee.
Appears in 1 contract
Securities Issuable in Global Form. If Securities of or within a series are issuable in the form global form, as specified and contemplated by Section 3.01, then, notwithstanding clause (8) of one or more Global SecuritiesSection 3.01 and Section 3.02, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or and upon written instructions given by such Person or Persons as shall be specified therein or in the Company Corporation Order to be delivered to the Trustee pursuant to Section 3.3 3.03 or 3.4Section 3.04. Subject to the provisions of Section 3.3 3.03 and, if applicable, Section 3.43.04, the Trustee shall deliver and redeliver any Global Security in permanent global form in the manner and upon written instructions given by the Person or Persons specified therein or in the applicable Company Corporation Order. If a Company Corporation Order pursuant to Section 3.3 3.03 or 3.4 Section 3.04 has been, or simultaneously is, delivered, any instructions by the Company Corporation 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 1.2 1.02 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 3.03 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company Corporation and the Company Corporation delivers to the Trustee the Global Security in global form together with written instructions (which need not comply with Section 1.2 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 sentence of Section 3.33.03. Notwithstanding the provisions of Section 3.73.07, unless otherwise specified as contemplated by Section 3.13.01, payment of principal of (and any premium premium, if any) and interest interest, if any, on any Global 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 as the Holder of such principal amount of Outstanding Securities represented by a permanent Global Security (1) in the case of a permanent Global Security in registered form, the Holder of such permanent Global Security in registered form or (2) in the case of a permanent Global Security in bearer form, Euroclear or CEDEL. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nominee.
Appears in 1 contract
Samples: Ovintiv Inc.
Securities Issuable in Global Form. If Securities of or within a series are issuable in the form global form, as specified as contemplated by Section 301, then, notwithstanding clause (8) of one or more Global SecuritiesSection 301, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or 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 3.3 303 or 3.4Section 304. Subject to the provisions of Section 3.3 303 and, if applicable, Section 3.4304, 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. If a Company Order pursuant to Section 3.3 303 or 3.4 Section 304 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 1.2 102 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 303 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Global Security in global form together with written instructions (which need not comply with Section 1.2 102 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 sentence of Section 3.3303. Notwithstanding the any provisions of Section 3.7307 to the contrary, unless otherwise specified as contemplated by Section 3.1301, payment of principal of (and any premium premium, if any) and interest interest, if any, on any Global Security in permanent global form shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 309 and except as provided in the preceding paragraph, the Company, the Guarantor and any Subsidiary Guarantor, if applicable, (if Guarantees are issued) the Trustee and any agent of the Company Company, the Guarantor and any Subsidiary Guarantor, if applicable (if Guarantees are issued), and the Trustee shall treat as the Holder of such principal amount of Outstanding Securities represented by a permanent Global global Security (1) i), in the case of a permanent Global global Security in registered form, the Holder of such permanent Global global Security in registered form form, or (2ii) in the case of a permanent Global global Security in bearer form, Euroclear or CEDELClearstream. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nominee.ARTICLE THREE THE SECURITIES
Appears in 1 contract
Samples: Indenture (American Axle & Manufacturing Holdings Inc)
Securities Issuable in Global Form. If Securities of or within a series are issuable in the form global form, as specified as contemplated by Section 301, then, notwithstanding clause (8) of one or more Global SecuritiesSection 301, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or 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 3.3 303 or 3.4Section 304. Subject to the provisions of Section 3.3 303 and, if applicable, Section 3.4304, 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. If a Company Order pursuant to Section 3.3 303 or 3.4 Section 304 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 1.2 102 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 303 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Global Security in global form together with written instructions (which need not comply with Section 1.2 102 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 sentence of Section 3.3303. Notwithstanding the any provisions of Section 3.7307 to the contrary, unless otherwise specified as contemplated by Section 3.1301, payment of principal of (and any premium premium, if any) and interest interest, if any, on any Global Security in permanent global form shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 309 and except as provided in the preceding paragraph, the Company, the Guarantor (if Guarantees are issued) the Trustee and any agent of the Company Company, the Guarantor (if Guarantees are issued), and the Trustee shall treat as the Holder of such principal amount of Outstanding Securities represented by a permanent Global global Security (1) i), in the case of a permanent Global global Security in registered form, the Holder of such permanent Global global Security in registered form form, or (2ii) in the case of a permanent Global global Security in bearer form, Euroclear or CEDELClearstream. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nominee.ARTICLE THREE THE SECURITIES
Appears in 1 contract
Samples: Indenture (American Axle & Manufacturing Holdings Inc)
Securities Issuable in Global Form. If Securities of or within a series are issuable in global form, then, notwithstanding clause (9) of Section 301 and the provisions of Section 302, a Security in global form shall represent such of one or more Global Securities, any the Outstanding Securities of such Global Security or Securities series as shall be specified therein and may provide that it or they any number of such Securities shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or and by such Person or Persons as shall be specified therein or in the Company a Issuer Order to be delivered to the Trustee pursuant to Section 3.3 Sections 303 or 3.4304. Subject to the provisions of Section 3.3 303 and, if applicable, Section 3.4Sections 304, the Trustee shall deliver and redeliver any Global Security in permanent global form in the manner and upon written instructions given by the Person or Persons specified therein or in the applicable Company Issuer Order. If a Company an Issuer Order pursuant to Section 3.3 303 or 3.4 304 has been, or simultaneously is, delivered, any instructions by the Company Issuer 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 1.2 102 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 303 shall apply to any Security represented by a Global 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 Global Security in global form together with written instructions (which need not comply with Section 1.2 102 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 sentence of Section 3.3303. Notwithstanding the provisions of Section 3.7307, unless otherwise specified as contemplated by Section 3.1301, payment of interest, principal and premium, if any, in respect of and any premium and interest on any Global Security in temporary or permanent global form shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 308 and except as provided in the preceding paragraph, the CompanyIssuer, the Trustee and any agent of the Company Issuer and the Trustee shall treat as the Holder of such principal amount of the Outstanding Securities represented by a permanent Global global Security (1) in the case of a permanent Global Security in registered form, as the Holder of such permanent Global Security in registered form or (2) in the case of a permanent Global Security in bearer form, Euroclear or CEDELglobal Security. Any Global global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: "This Security is a Global global Security within the meaning set forth in of the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositarythereof. This Security is exchangeable may not be transferred to, or registered or exchanged for Securities registered in the name of a person any Person other than the depositary or its nominee only thereof or a successor of such depositary or a nominee of such successor and no such transfer may be registered, except in the limited circumstances described in the Indenture. Every Security authenticated and delivered upon registration of transfer of, andor in exchange for or in lieu of, unless and until it is exchanged for Securities in definitive form as aforesaid, may not this Security shall be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary global Security subject to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nomineeforegoing, except in such limited circumstances."
Appears in 1 contract
Samples: Indenture (Rait Investment Trust)
Securities Issuable in Global Form. If Securities of or within a series are issuable in the form global form, as specified and contemplated by Section 3.01, then, notwithstanding clause (10) of one or more Global SecuritiesSection 3.01, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee Trustees in such manner or 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 Trustees pursuant to Section 3.3 3.03 or 3.4Section 3.04. Subject to the provisions of Section 3.3 3.03 and, if applicable, Section 3.43.04, the Trustee Trustees 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. If a Company Order pursuant to Section 3.3 3.03 or 3.4 Section 3.04 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 1.2 1.02 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 3.03 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee Trustees the Global Security in global form together with written instructions (which need not comply with Section 1.2 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 sentence of Section 3.33.03. Notwithstanding the provisions of Section 3.73.07, unless otherwise specified as contemplated by Section 3.13.01, payment of principal of (and any premium premium, if any) and interest interest, if any, on any Global Security in permanent global form shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 3.09 and except as provided in the preceding paragraph, the Company, the Trustee Trustees and any agent of the Company and the Trustee Trustees shall treat as the Holder of such principal amount of Outstanding Securities represented by a permanent Global global Security (1i) in the case of a permanent Global global Security in registered form, the Holder of such permanent Global global Security in registered form form, or (2ii) in the case of a permanent Global global Security in bearer form, Euroclear or CEDELClearstream. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nominee.ARTICLE THREE THE SECURITIES
Appears in 1 contract
Samples: Indenture (Pretium Resources Inc.)
Securities Issuable in Global Form. If Securities of or within a series are issuable in global form, as specified as contemplated by Section 3.01, then, notwithstanding clause (viii) of Section 3.01 and the form provisions of one or more Global SecuritiesSection 3.02, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee or the Security Registrar in such manner or 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 3.3 3.03 or 3.43.04. Subject to the provisions of Section 3.3 3.03 and, if applicable, Section 3.43.04, the Trustee or the Security Registrar 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. 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 Global Security shall be in writing but need not comply with Section 1.2 and need not be accompanied by an Opinion of Counsel. The provisions of the second to last sentence of Section 3.3 3.03 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee or the Global Security Registrar the Security in global form together with written instructions (which need not comply with Section 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 second to last sentence of Section 3.33.03. Notwithstanding the provisions of Section 3.73.07, unless otherwise specified as contemplated by Section 3.13.01, payment of principal of (and any premium premium, if any) and interest interest, if any, on any Global Security in permanent global form shall be made to the Person or Persons specified therein. Notwithstanding Neither the provisions of Section 3.8 and except as provided in Trustee nor any Agent shall have responsibility for any actions taken or not taken by the preceding paragraph, the Depositary. The Company, the Trustee Trustee, any authenticating agent, any Paying Agent, and any agent Securities Registrar may deem the Person in whose name a Security shall be registered upon the Security Register to be, and may treat it as, the absolute owner of such Security (whether or not such Security shall be overdue and notwithstanding any notation of ownership or other writing thereon made by any Person other than the Company or any Security Registrar) for the purpose of receiving payment of or on account of the principal of and (subject to Section 3.07) accrued and unpaid interest on such Security, for conversion of such Security and for all other purposes; and neither the Company and nor the Trustee nor any Paying Agent nor any Conversion Agent nor any Security Registrar shall treat be affected by any notice to the contrary. All such payments so made to any Holder for the time being, or upon its order, shall be valid, and, to the extent of the sum or sums so paid, effectual to satisfy and discharge the liability for monies payable upon any such Security. Unless otherwise specified as contemplated by Section 3.01 for the Holder of such principal amount of Outstanding Securities represented by a permanent Global Security (1) in the case of a permanent Global Security in registered formevidenced thereby, the Holder of such permanent Global Security in registered form or (2) in the case of a permanent Global Security in bearer form, Euroclear or CEDEL. Any Global every global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositaryTHIS SECURITY IS A GLOBAL SECURITY WITHIN THE MEANING OF THE INDENTURE HEREINAFTER REFERRED TO AND IS REGISTERED IN THE NAME OF A DEPOSITARY OR A NOMINEE THEREOF. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the IndentureTHIS SECURITY MAY NOT BE EXCHANGED IN WHOLE OR IN PART FOR A SECURITY REGISTERED, andAND NO TRANSFER OF THIS SECURITY IN WHOLE OR IN PART MAY BE REGISTERED, unless and until it is exchanged for Securities in definitive form as aforesaidIN THE NAME OF ANY PERSON OTHER THAN SUCH DEPOSITARY OR A NOMINEE THEREOF, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nomineeEXCEPT IN THE LIMITED CIRCUMSTANCES DESCRIBED IN THE INDENTURE.
Appears in 1 contract
Samples: Sixth Street Specialty Lending, Inc.
Securities Issuable in Global Form. If Securities of or within a series are issuable in global form, as specified as contemplated by Section 301, then, notwithstanding clause (9) of Section 301 and the form provisions of one or more Global SecuritiesSection 302, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they any number of such Securities shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or and 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 3.3 303 or 3.4304. Subject to the provisions of Section 3.3 303 and, if applicable, Section 3.4304, 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 Issuer Order. If a Company an Issuer Order pursuant to Section 3.3 303 or 3.4 304 has been, or simultaneously is, delivered, any instructions by the Company Issuer 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 1.2 102 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 303 shall apply to any Security represented by a Global 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 Global Security in global form together with written instructions (which need not comply with Section 1.2 102 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 sentence of Section 3.3303. Notwithstanding the provisions of Section 3.7307, unless otherwise specified as contemplated by Section 3.1301, payment of principal of of, and any premium and interest on on, and any Global Additional Amounts in respect of, any Security in temporary or permanent global form shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 308 and except as provided in the preceding paragraph, the CompanyIssuer, the Trustee and any agent of the Company Issuer and the Trustee shall treat as the Holder of such principal amount of Outstanding Securities represented by a permanent Global global Security (1a) in the case of a permanent Global global Security in registered form, the Holder of such permanent Global global Security in registered form form, or (2b) in the case of a permanent Global global Security in bearer form, Euroclear the Person or CEDELPersons specified pursuant to Section 301. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nominee.ARTICLE THREE
Appears in 1 contract
Securities Issuable in Global Form. If Securities of or within a series are issuable in the global form (a “Global Security”), as specified as contemplated by Section 204 and Section 301, then, notwithstanding clause (7) of one or more Global SecuritiesSection 301, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any a Global Security to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or 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 3.3 303 or 3.4Section 304. Subject to the provisions of Section 3.3 303 and, if applicable, Section 3.4304, 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. If a Company Order pursuant to Section 3.3 303 or 3.4 Section 304 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 1.2 102 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 shall apply to any Security represented by a Global Security if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Global Security together with written instructions (which need not comply with Section 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 Section 3.3. Notwithstanding the provisions of Section 3.7307, unless otherwise specified as contemplated by Section 3.1301, payment of principal of and any premium and interest on any Global Security shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 309 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 (1) in the case of a permanent Global Security in registered form, the Holder of such permanent Global Security in registered form or (2) in the case of a permanent Global Security in bearer form, Euroclear or CEDEL. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nominee.
Appears in 1 contract
Samples: Indenture (Chemtura CORP)
Securities Issuable in Global Form. If Securities of or within a series are issuable in the form global form, as specified as contemplated by Section 301, then, notwithstanding clause (8) of one or more Global SecuritiesSection 301, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or 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 3.3 303 or 3.4Section 304. Subject to the provisions of Section 3.3 303 and, if applicable, Section 3.4304, 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. If a Company Order pursuant to Section 3.3 303 or 3.4 Section 304 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 1.2 102 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 303 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Global Security in global form together with written instructions (which need not comply with Section 1.2 102 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 sentence of Section 3.3303. Notwithstanding the provisions of Section 3.7307, unless otherwise specified as contemplated contem plated by Section 3.1301, payment of principal of and any premium and interest on any Global Security in permanent global form shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 309 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 global Security (1i) in the case of a permanent Global global Security in registered form, the Holder of such permanent Global global Security in registered form form, or (2ii) in the case of a permanent Global global Security in bearer form, Euroclear or CEDEL. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form CEDEL as aforesaid, may not be transferred except as a whole specified by the common depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nomineefor such global securities.
Appears in 1 contract
Samples: Cendant Corp
Securities Issuable in Global Form. If Securities of or within a series are issuable in global form, as specified as contemplated by Section 301, then, notwithstanding clause (9) of Section 301 and the form provisions of one or more Global SecuritiesSection 302, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or 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 3.3 303 or 3.4304. Subject to the provisions of Section 3.3 303 and, if applicable, Section 3.4304, 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 Issuer Order. If a Company an Issuer Order pursuant to Section 3.3 303 or 3.4 304 has been, or simultaneously is, delivered, any instructions by the Company Issuer 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 1.2 102 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 303 shall apply to any Security represented by a Global 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 Global Security in global form together with written instructions (which need not comply with Section 1.2 102 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 sentence of Section 3.3303. Notwithstanding the provisions of Section 3.7307, unless otherwise specified as contemplated by Section 3.1301, payment of principal of and any premium and interest on any Global Security in permanent global form shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 308 and except as provided in the preceding paragraph, the CompanyIssuer, the Guarantor, the Trustee and any agent of the Company and Issuer, the Guarantor or the Trustee shall treat as the Holder of such principal amount of Outstanding Securities represented by a permanent Global global Security (1i) in the case of a permanent Global global Security in registered form, the Holder of such permanent Global global Security in registered form form, or (2ii) in the case of a permanent Global global Security in bearer form, Euroclear or CEDEL. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nominee.
Appears in 1 contract
Samples: Indenture (Simon Property Group Lp)
Securities Issuable in Global Form. If Securities of or within a series are issuable in the form of one or more Global Securitiesglobal form, as specified as contemplated by Section 301, then, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or 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 3.3 303 or 3.4Section 305. Subject to the provisions of Section 3.3 303 and, if applicable, Section 3.4305, 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. If a Company Order pursuant to Section 3.3 303 or 3.4 Section 305 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 1.2 102 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 303 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Global Security in global form together with written instructions (which need not comply with Section 1.2 102 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 sentence of Section 3.3. Notwithstanding the provisions of Section 3.7, unless otherwise specified as contemplated by Section 3.1, payment of principal of and any premium and interest on any Global Security 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 as the Holder of such principal amount of Outstanding Securities represented by a permanent Global Security (1) in the case of a permanent Global Security in registered form, the Holder of such permanent Global Security in registered form or (2) in the case of a permanent Global Security in bearer form, Euroclear or CEDEL. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nominee303.
Appears in 1 contract
Samples: Indenture (CCC Capital Trust Ii)
Securities Issuable in Global Form. If Securities of or within a series are issuable in the form of one or more Global Securitiesglobal form, as specified as contemplated by Section 301, then any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or 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 3.3 303 or 3.4Section 305. Subject to the provisions of Section 3.3 303 and, if applicable, Section 3.4305, 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. If a Company Order pursuant to Section 3.3 303 or 3.4 Section 305 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 1.2 102 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 303 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Global Security in global form together with written instructions (which need not comply with Section 1.2 102 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 sentence of Section 3.3303. Notwithstanding the provisions of Section 3.7308, unless otherwise specified as contemplated by Section 3.1301, payment of principal of (and any premium premium, if any) and interest interest, if any, on any Global Security in permanent global form shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 310 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 (1i) in the case of a permanent Global Security in registered form, the Holder of such permanent Global Security in registered form form, or (2ii) in the case of a permanent Global Security in bearer form, Euroclear or CEDELCedel. SECTION 204. FORM OF LEGEND FOR BOOK-ENTRY SECURITIES. Any Global Security authenticated and delivered hereunder shall bear a legend, legend (which would be in addition to any other legend or legends permitted by Section 2.1, required in the case of a Restricted Security) in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositaryTHIS SECURITY IS A GLOBAL SECURITY WITHIN THE MEANING OF THE INDENTURE HEREINAFTER REFERRED TO AND IS REGISTERED IN THE NAME OF A DEPOSITORY OR A NOMINEE THEREOF. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the IndentureTHIS SECURITY MAY NOT BE EXCHANGED IN WHOLE OR IN PART FOR A SECURITY REGISTERED, andAND NO TRANSFER OF THIS SECURITY IN WHOLE OR IN PART MAY BE REGISTERED, unless and until it is exchanged for Securities in definitive form as aforesaidIN THE NAME OF ANY PERSON OTHER THAN SUCH DEPOSITORY OR ITS NOMINEE EXCEPT IN THE LIMITED CIRCUMSTANCES DESCRIBED IN THE INDENTURE. UNLESS THIS CERTIFICATE IS PRESENTED BY AN AUTHORIZED REPRESENTATIVE OF THE DEPOSITORY TRUST COMPANY (55 XXXXX XXXXXX, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nomineeXXX XXXX, XXX XXXX 00000) TO THE ISSUER OR ITS AGENT FOR REGISTRATION OF TRANSFER, EXCHANGE OR PAYMENT AND SUCH CERTIFICATE ISSUED IN EXCHANGE FOR THIS CERTIFICATE IS REGISTERED IN THE NAME OF CEDE & CO., OR SUCH OTHER NAME AS REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF THE DEPOSITORY TRUST COMPANY, ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL, SINCE THE REGISTERED OWNER HEREOF, CEDE & CO., HAS AN INTEREST HEREIN.
Appears in 1 contract
Samples: Cablevision Systems Corp
Securities Issuable in Global Form. If Securities of or within a series are issuable in global form, as specified as contemplated by Section 3.01, then, notwithstanding clause (8) of Section 3.01 and the form provisions of one or more Global SecuritiesSection 3.02, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or 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 3.3 3.03 or 3.43.04. Subject to the provisions of Section 3.3 3.03 and, if applicable, Section 3.43.04, 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. If a Company Order pursuant to Section 3.3 3.03 or 3.4 3.04 has been, or simultaneously is, delivered, any instructions by the Company with respect to endorsement or endorsement, delivery or redelivery of a Global Security in global form shall be in writing but need not comply with Section 1.2 1.03 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 3.03 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Global Security in global form together with written instructions (which need not comply with Section 1.2 1.03 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 Section 3.33.03. Notwithstanding the provisions of Section 3.73.07, unless otherwise specified as contemplated by Section 3.13.01, payment of principal of of, premium, if any, and any premium and interest interest, if any, on any Global Security in permanent global form shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 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 global Security (1i) in the case of a permanent Global global Security in registered form, the Holder of such permanent Global global Security in registered form form, or (2ii) in the case of a permanent Global global Security in bearer form, Euroclear or CEDELClearstream. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nominee.ARTICLE THREE THE SECURITIES
Appears in 1 contract
Samples: Indenture (Sea Containers LTD /Ny/)
Securities Issuable in Global Form. If Securities of or within a series are issuable in the form of one or more Global Securitiesglobal form, as specified as contemplated by Section 3.1, then any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or 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 3.3 or Section 3.4. Subject to the provisions of Section 3.3 and, if applicable, Section 3.4, 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. 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 Global Security in global form shall be in writing but need not comply with Section 1.2 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Global Security in global form together with written instructions (which need not comply with Section 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 Section 3.3. Notwithstanding the provisions of Section Sections 2.1 and 3.7, unless otherwise specified as contemplated by Section 3.1, payment of principal of and any premium and interest on any Global 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 as the Holder of such principal amount of Outstanding Securities represented by a permanent Global Security (1) in the case of a permanent Global Security in registered form, the Holder of such permanent Global Security in registered form or (2) in the case of a permanent Global Security in bearer form, Euroclear or CEDEL. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nominee.
Appears in 1 contract
Samples: Indenture (Ibp Inc)
Securities Issuable in Global Form. If Securities of or within a series are issuable in the form global form, as specified and contemplated by Section 3.01, then, notwithstanding clause (10) of one or more Global SecuritiesSection 3.01, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee Trustees in such manner or 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 Trustees pursuant to Section 3.3 3.03 or 3.4Section 3.04. Subject to the provisions of Section 3.3 3.03 and, if applicable, Section 3.43.04, the Trustee Trustees 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. If a - 21 - Company Order pursuant to Section 3.3 3.03 or 3.4 Section 3.04 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 1.2 1.02 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 3.03 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee Trustees the Global Security in global form together with written instructions (which need not comply with Section 1.2 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 sentence of Section 3.33.03. Notwithstanding the provisions of Section 3.73.07, unless otherwise specified as contemplated by Section 3.13.01, payment of principal of (and any premium premium, if any) and interest interest, if any, on any Global Security in permanent global form shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 3.08 and except as provided in the preceding paragraph, the Company, the Trustee Trustees and any agent of the Company and the Trustee Trustees shall treat as the Holder of such principal amount of Outstanding Securities represented by a permanent Global Security (1) in the case of a permanent Global global Security in registered form, the Holder of such permanent Global Security in registered form or (2) in the case of a permanent Global Security in bearer form, Euroclear or CEDEL. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nomineeglobal Security.
Appears in 1 contract
Securities Issuable in Global Form. If Securities of or within a series are issuable in the form of one or more Global Securities, then, notwithstanding clause (10) of Section 3.01 and the provisions of Section 3.02, any such Global Security or Securities may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global Security to reflect the amount, or any increase or decrease in the amount, or changes in the rights of Holders thereof, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or 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 3.3 3.03 or 3.43.04. Subject to the provisions of Section 3.3 3.03 and, if applicable, Section 3.43.04, 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 Issuer Order. If a Company an Issuer Order pursuant to Section 3.3 3.03 or 3.4 3.04 has been, or simultaneously is, delivered, any instructions by the Company Issuer with respect to endorsement or delivery or redelivery of a Global Security shall be in writing but need not comply with Section 1.2 1.02 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 3.03 shall apply to any Security represented by a Global Security if such Security was never issued and sold by the Company Issuer and the Company Issuer delivers to the Trustee the Global Security together with written instructions (which need not comply with Section 1.2 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 sentence of Section 3.33.03. Notwithstanding the provisions of Section 3.73.07, unless otherwise specified as contemplated by Section 3.13.01, payment of principal of and any premium premium, and interest on any Global Security in permanent global form shall be made to the Person or Persons specified thereinregistered Holder thereof. Notwithstanding the provisions of Section 3.8 3.08 and except as provided in the preceding paragraph, the CompanyIssuer, the Trustee and any agent of the Company Issuer and the Trustee shall treat as the Holder of such principal amount of Outstanding Securities represented by a permanent Global Security (1i) in the case of a permanent Global Security in registered form, the Holder of such permanent Global Security in registered form form, or (2ii) in the case of a permanent Global Security in bearer form, Euroclear or CEDEL. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: "This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary Depository or a nominee of a depositaryDepository. This Security is exchangeable for Securities registered in the name of a person other than the depositary Depository or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary Depository to a nominee of the depositary Depository or by a nominee of the depositary Depository to the depositary Depository or another nominee of the depositary Depository or by the depositary Depository or its nominee to a successor depositary Depository or its nominee."
Appears in 1 contract
Securities Issuable in Global Form. If Securities of or within a series are issuable in the form global form, as specified and contemplated by Section 301, then, notwithstanding clause (7) of one or more Global SecuritiesSection 301 and Section 302, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or and upon written 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 3.3 303 or 3.4Section 304. Subject to the provisions of Section 3.3 303 and, if applicable, Section 3.4304, the Trustee shall deliver and redeliver any Global Security in permanent global form in the manner and upon written instructions given by the Person or Persons specified therein or in the applicable Company Order. If a Company Order pursuant to Section 3.3 303 or 3.4 Section 304 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 1.2 102 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 303 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Global Security in global form together with written instructions (which need not comply with Section 1.2 102 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 sentence of Section 3.3303. Notwithstanding the provisions of Section 3.7307, unless otherwise specified as contemplated by Section 3.1301, payment of principal of of, and any premium premium, if any, and interest interest, if any, on any Global 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 as the Holder of such principal amount of Outstanding Securities represented by a permanent Global Security (1) in the case of a permanent Global Security in registered form, the Holder of such permanent Global Security in registered form or (2) in the case of a permanent Global Security in bearer form, Euroclear or CEDEL. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nominee.ARTICLE THREE
Appears in 1 contract
Samples: Indenture (Petro Canada)
Securities Issuable in Global Form. If Securities of or within a series are issuable in the form global form, as specified and contemplated by Section 3.01, then, notwithstanding clause (10) of one or more Global SecuritiesSection 3.01, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee Trustees in such manner or 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 Trustees pursuant to Section 3.3 3.03 or 3.4Section 3.04. Subject to the provisions of Section 3.3 3.03 and, if applicable, Section 3.43.04, the Trustee Trustees 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. If a Company Order pursuant to Section 3.3 3.03 or 3.4 Section 3.04 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 1.2 1.02 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 3.03 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee Trustees the Global Security in global form together with written instructions (which need not comply with Section 1.2 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 sentence of Section 3.33.03. Notwithstanding the provisions of Section 3.73.07, unless otherwise specified as contemplated by Section 3.13.01, payment of principal of (and any premium premium, if any) and interest interest, if any, on any Global Security in permanent global form shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 3.08 and except as provided in the preceding paragraph, the Company, the Trustee Trustees and any agent of the Company and the Trustee Trustees shall treat as the Holder of such principal amount of Outstanding Securities represented by a permanent Global Security (1) in the case of a permanent Global global Security in registered form, the Holder of such permanent Global Security in registered form or (2) in the case of a permanent Global Security in bearer form, Euroclear or CEDELglobal Security. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nominee.ARTICLE THREE
Appears in 1 contract
Samples: Very Good Food Co Inc.
Securities Issuable in Global Form. If Securities of or within a series are issuable in the form global form, as specified and contemplated by Section 3.01, then, notwithstanding clause (j) of one or more Global SecuritiesSection 3.01, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee Trustees in such manner or 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 Trustees pursuant to Section 3.3 3.03 or 3.4Section 3.04. Subject to the provisions of Section 3.3 3.03 and, if applicable, Section 3.43.04, the Trustee Trustees 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. If a Company Order pursuant to Section 3.3 3.03 or 3.4 Section 3.04 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 1.2 1.02 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 3.03 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee Trustees the Global Security in global form together with written instructions (which need not comply with Section 1.2 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 sentence of Section 3.33.03. Notwithstanding the provisions of Section 3.73.07, unless otherwise specified as contemplated by Section 3.13.01, payment of principal of (and any premium premium, if any) and interest interest, if any, on any Global Security in permanent global form shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 3.09 and except as provided in the preceding paragraph, the Company, the Trustee Trustees and any agent of the Company and the Trustee Trustees shall treat as the Holder of such principal amount of Outstanding Securities represented by a permanent Global global Security (1i) in the case of a permanent Global global Security in registered form, the Holder of such permanent Global global Security in registered form form, or (2ii) in the case of a permanent Global global Security in bearer form, Euroclear or CEDELthe Depositary. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nominee.ARTICLE THREE
Appears in 1 contract
Samples: Indenture (Uranerz Energy Corp.)
Securities Issuable in Global Form. If Securities of or within a series are issuable in global form, as specified as contemplated by Section 301, then, notwithstanding clause (9) of Section 301 and the form provisions of one or more Global SecuritiesSection 302, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they any number of such Securities shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or 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 3.3 303 or 3.4304. Subject to the provisions of Section 3.3 303 and, if applicable, Section 3.4304, 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. If a Company Order pursuant to Section 3.3 303 or 3.4 304 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 1.2 102 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 303 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Global Security in global form together with written instructions (which need not comply with Section 1.2 102 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 sentence of Section 3.3303. Notwithstanding the provisions of Section 3.7307, unless otherwise specified as contemplated by Section 3.1301, payment of principal of of, and any premium and interest on any Global Security in temporary or permanent global form shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 308 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 global Security (1a) in the case of a permanent Global global Security in registered form, the Holder of such permanent Global global Security in registered form form, or (2b) in the case of a permanent Global global Security in bearer form, Euroclear the Person or CEDELPersons specified pursuant to Section 301. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nominee.ARTICLE THREE THE SECURITIES
Appears in 1 contract
Samples: Meridian Industrial Trust Inc
Securities Issuable in Global Form. If Except as otherwise provided in this Section 2.03 or in Section 3.04, the Securities shall be issuable only in global form and deposited with the Trustee, at its Corporate Trust Office, as custodian for DTC or the nominees thereof, and any such Security shall represent such of or within a series are issuable the Outstanding Securities as shall be set forth in the form books and records of one or more Global Securities, any such Global Security or Securities the Trustee and may provide that it or they shall represent the aggregate 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 as adjusted in the books and may also provide records of the Trustee, and that the aggregate amount of Outstanding Securities of such series represented thereby may from time to time be increased or decreased to reflect exchanges. Any endorsement adjustment of any Global Security to reflect the amount, or any increase or decrease in the amount, aggregate amount of Outstanding Securities represented thereby by a Security in global form shall be made by the Trustee in such manner or 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 3.3 or 3.43.03. Subject to the provisions of Section 3.3 and, if applicable, Section 3.43.03, 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. If a Company Order pursuant to Section 3.3 or 3.4 3.03 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 1.2 1.03 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 3.03 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Global Security in global form together with written instructions (which need not comply with Section 1.2 1.03 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 Section 3.33.03. Notwithstanding the provisions of Section 3.7, unless otherwise specified as contemplated by Section 3.13.07, payment of principal of and any premium and interest (including Liquidated Damages, if any) on any Global Security in global form shall be made to the Person or Persons specified thereinin such Security. Notwithstanding the provisions of Section 3.8 and except as provided All Securities issued 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 (1) in the case of a permanent Global Security in registered form, the Holder of such permanent Global Security in registered global form or (2) in the case of a permanent Global Security in bearer form, Euroclear or CEDEL. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following formlegend: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositaryUNLESS THIS CERTIFICATE IS PRESENTED BY AN AUTHORIZED REPRESENTATIVE OF THE DEPOSITORY TRUST COMPANY, A NEW YORK CORPORATION ("DTC"), NEW YORK, NEW YORK, TO THE COMPANY OR ITS AGENT FOR REGISTRATION OF TRANSFER, EXCHANGE OR PAYMENT, AND ANY CERTIFICATE ISSUED IS REGISTERED IN THE NAME OF CEDE & CO. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the IndentureOR IN SUCH OTHER NAME AS IS REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC, andAND ANY PAYMENT IS MADE TO CEDE & CO. OR TO SUCH OTHER ENTITY AS IS REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC, unless and until it is exchanged for Securities in definitive form as aforesaidANY TRANSFER, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nomineePLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL BECAUSE THE REGISTERED OWNER HEREOF, CEDE & CO., HAS AN INTEREST HEREIN. TRANSFERS OF THIS GLOBAL SECURITY SHALL BE LIMITED TO TRANSFERS IN WHOLE, BUT NOT IN PART, TO NOMINEES OF CEDE & CO. OR TO A SUCCESSOR THEREOF OR SUCH SUCCESSOR'S NOMINEE.
Appears in 1 contract
Samples: Triquint Semiconductor Inc
Securities Issuable in Global Form. If Securities of or within a series are issuable issued in the form global form, as specified and contemplated by Section 301, then, notwithstanding clause (8) of one or more Global SecuritiesSection 301 and Section 302, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or and upon written instructions given by such Person or Persons as shall be specified therein or in the Company Corporation Order to be delivered to the Trustee pursuant to Section 3.3 303 or 3.4Section 304. Subject to the provisions of Section 3.3 303 and, if applicable, Section 3.4304, the Trustee shall deliver and redeliver any Global Security in permanent global form in the manner and upon written instructions given by the Person or Persons specified therein or in the applicable Company Corporation Order. If a Company Corporation Order pursuant to Section 3.3 303 or 3.4 Section 304 has been, or simultaneously is, delivered, any instructions by the Company Corporation 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 1.2 102 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 303 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company Corporation and the Company Corporation delivers to the Trustee the Global Security in global form together with written instructions (which need not comply with Section 1.2 102 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 sentence of Section 3.3303. Notwithstanding the provisions of Section 3.7307, unless otherwise specified as contemplated by Section 3.1301, payment of principal of (and any premium premium, if any) and interest interest, if any, on any Global 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 as the Holder of such principal amount of Outstanding Securities represented by a permanent Global Security (1) in the case of a permanent Global Security in registered form, the Holder of such permanent Global Security in registered form or (2) in the case of a permanent Global Security in bearer form, Euroclear or CEDEL. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nominee.ARTICLE THREE
Appears in 1 contract
Samples: Indenture (Cenovus Energy Inc.)
Securities Issuable in Global Form. If Securities of or within a series are issuable in global form, as specified as contemplated by Section 301, then, notwithstanding clause (8) of Section 301 and the form provisions of one or more Global SecuritiesSection 302, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or 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 3.3 303 or 3.4304. Subject to the provisions of Section 3.3 303 and, if applicable, Section 3.4304, 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. If a Company Order pursuant to Section 3.3 303 or 3.4 304 has been, or simultaneously is, delivered, any instructions by the Company with respect to endorsement or endorsement, delivery or redelivery of a Global Security in global form shall be in writing but need not comply with Section 1.2 102 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 303 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Global Security in global form together with written instructions (which need not comply with Section 1.2 102 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 sentence of Section 3.3303. Notwithstanding the provisions of Section 3.7307, unless otherwise specified as contemplated by Section 3.1301, payment of principal of (and any premium premium, if any) and interest interest, if any, on any Global Security in permanent global form shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 309 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 global Security (1i) in the case of a permanent Global global Security in registered form, the Holder of such permanent Global global Security in registered form form, or (2ii) in the case of a permanent Global global Security in bearer form, Euroclear or CEDEL. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nominee.
Appears in 1 contract
Samples: Indenture (Deere & Co)
Securities Issuable in Global Form. If Securities of or within a series are issuable in the form of one or more Global Securities, then, notwithstanding clause (8) of Section 3.01 and the provisions of Section 3.02, any such Global Security or Securities may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global Security to reflect the amount, or any increase or decrease in the amount, or changes in the rights of Holders thereof, of Outstanding Securities represented thereby shall be made (or caused to be made) by the Trustee in such manner or by such Person or Persons as shall be specified therein or in the Company Order to be delivered to the Trustee pursuant to Section 3.3 3.03 or 3.43.04. Subject to the provisions of Section 3.3 3.03 and, if applicable, Section 3.43.04, 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. If a Company Order pursuant to Section 3.3 3.03 or 3.4 3.04 has been, or simultaneously is, delivered, any instructions by the Company with respect to endorsement or delivery or redelivery of a Global Security shall be in writing but need not comply with Section 1.2 1.02 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 3.03 shall apply to any Security represented by a Global Security if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Global Security together with written instructions (which need not comply with Section 1.2 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 sentence of Section 3.33.03. 18 Notwithstanding the provisions of Section 3.73.07, unless otherwise specified as contemplated by Section 3.13.01, payment of principal of and any premium or Make-Whole Amount, if any, and interest interest, if any, on any Global Security in permanent global form shall be made to the Person or Persons specified thereinregistered Holder thereof. Notwithstanding the provisions of Section 3.8 3.08 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 (1i) in the case of a permanent Global Security in registered form, the Holder of such permanent Global Security in registered form form, or (2ii) in the case of a permanent Global Security in bearer form, Euroclear or CEDELClearstrem. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: "This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary Depository or a nominee of a depositaryDepository. This Security is exchangeable for Securities registered in the name of a person other than the depositary Depository or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary Depository to a nominee of the depositary Depository or by a nominee of the depositary Depository to the depositary Depository or another nominee of the depositary Depository or by the depositary Depository or its nominee to a successor depositary Depository or its nominee."
Appears in 1 contract
Samples: Boston Properties LTD Partnership
Securities Issuable in Global Form. If Securities of or within a series are issuable in the form of one or more Global Securities, then, notwithstanding clause (h) of Section 3.01 and the provisions of Section 3.02, any such Global Security or Securities may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global Security to reflect the amount, or any increase or decrease in the amount, or changes in the rights of Holders thereof, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or by such Person or Persons as shall be specified therein or in the Company Order to be delivered to the Trustee pursuant to Section 3.3 3.03 or 3.43.04. Subject to the provisions of Section 3.3 3.03 and, if applicable, Section 3.43.04, 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. If a Company Order pursuant to Section 3.3 3.03 or 3.4 3.04 has been, or simultaneously is, delivered, any instructions by the Company with respect to endorsement or delivery or redelivery of a Global Security shall be in writing but need not comply with Section 1.2 1.02 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 3.03 shall apply to any Security represented by a Global Security if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Global Security together with written instructions (which need not comply with Section 1.2 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 sentence of Section 3.33.03. Notwithstanding the provisions of Section 3.73.07, unless otherwise specified as contemplated by Section 3.13.01, payment of principal of and any premium and interest on any Global Security shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 3.08 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 (1) in the case of a permanent Global Security in registered form, the Holder of such permanent Global Security in registered form or (2) in the case of a permanent Global Security in bearer form, Euroclear or CEDEL. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary Depositary or a nominee of a depositaryDepositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary Depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary Depository to a nominee of the depositary Depositary or by a nominee of the depositary Depositary to the depositary Depositary or another nominee of the depositary Depositary or by the depositary Depositary or its nominee to a successor depositary Depositary or its nominee.
Appears in 1 contract
Samples: Indenture (Terra Capital Group)
Securities Issuable in Global Form. If Securities of or within a series are issuable in the form global form, as specified and contemplated by Section 3.01, then, notwithstanding clause (10) of one or more Global SecuritiesSection 3.01, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee Trustees in such manner or 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 Trustees pursuant to Section 3.3 3.03 or 3.4Section 3.04. Subject to the provisions of Section 3.3 3.03 and, if applicable, Section 3.43.04, the Trustee Trustees 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. If a Company Order pursuant to Section 3.3 3.03 or 3.4 Section 3.04 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 1.2 1.02 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 3.03 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee Trustees the Global Security in global form together with written instructions (which need not comply with Section 1.2 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 sentence of Section 3.33.03. Notwithstanding the provisions of Section 3.73.07, unless otherwise specified as contemplated by Section 3.13.01, payment of principal of (and any premium premium, if any) and interest interest, if any, on any Global Security in permanent global form shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 3.09 and except as provided in the preceding paragraph, the Company, the Trustee Trustees and any agent of the Company and the Trustee Trustees shall treat as the Holder of such principal amount of Outstanding Securities represented by a permanent Global global Security (1i) in the case of a permanent Global global Security in registered form, the Holder of such permanent Global global Security in registered form form, or (2ii) in the case of a permanent Global global Security in bearer form, Euroclear or CEDELthe Depositary. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nominee.ARTICLE THREE
Appears in 1 contract
Samples: Form of Indenture (Taseko Mines LTD)
Securities Issuable in Global Form. If Except as otherwise provided in this Section 2.03 or in Section 3.04, the Securities of shall be ---- ---- issuable only in global form and deposited with The Chase Manhattan Bank, at the Corporate Trust Office, as custodian for DTC or within a series are issuable in the form of one or more Global Securitiesnominees thereof, and any such Global Security or shall represent such of the Outstanding Securities as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchangesexchanges and/or the payment of interest that is payable in the form of Additional Securities. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or 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 3.3 or 3.43.03. Subject to the provisions of Section 3.3 and, if applicable, Section 3.43.03, 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. If a Company Order pursuant to Section 3.3 or 3.4 3.03 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 1.2 1.03 and need not be accompanied by an ---- Opinion of Counsel. The provisions of the last sentence of Section 3.3 3.03 shall apply to any ---- Security represented by a Global Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Global Security in global form together with written instructions (which need not comply with Section 1.2 1.03 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 Section 3.33.03. ---- Notwithstanding the provisions of Section 3.7, unless otherwise specified as contemplated by Section 3.13.07, payment of principal of ---- and any premium and interest on any Global Security in global form shall be made to the Person or Persons specified thereinin such Security. Notwithstanding the provisions of Section 3.8 and except as provided All Securities issued 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 (1) in the case of a permanent Global Security in registered form, the Holder of such permanent Global Security in registered global form or (2) in the case of a permanent Global Security in bearer form, Euroclear or CEDEL. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following formlegend: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositaryUNLESS THIS CERTIFICATE IS PRESENTED BY AN AUTHORIZED REPRESENTATIVE OF THE DEPOSITORY TRUST COMPANY, A NEW YORK CORPORATION ("DTC"), NEW YORK, NEW YORK, TO THE COMPANY OR ITS AGENT FOR REGISTRATION OF TRANSFER, EXCHANGE OR PAYMENT, AND ANY CERTIFICATE ISSUED IS REGISTERED IN THE NAME OF CEDE & CO. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the IndentureOR IN SUCH OTHER NAME AS IS REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC, andAND ANY PAYMENT IS MADE TO CEDE & CO. OR TO SUCH OTHER ENTITY AS IS REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC, unless and until it is exchanged for Securities in definitive form as aforesaidANY TRANSFER, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nomineePLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL BECAUSE THE REGISTERED OWNER HEREOF, CEDE & CO. HAS AN INTEREST HEREIN. THE GLOBAL SECURITIES MAY BE TRANSFERRED, IN WHOLE BUT NOT IN PART, ONLY TO A NOMINEE OF DTC, OR BY A NOMINEE OF DTC TO DTC, OR TO A SUCCESSOR TO DTC FOR SUCH GLOBAL SECURITY SELECTED OR APPROVED BY THE COMPANY OR TO A NOMINEE OF SUCH SUCCESSOR TO DTC.
Appears in 1 contract
Samples: Indenture (Interliant Inc)
Securities Issuable in Global Form. If Securities of or within a series are issuable in global form, as specified as contemplated by Section 301, then, notwithstanding clause (8) of Section 301 and the form provisions of one or more Global SecuritiesSection 302, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or 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 3.3 303 or 3.4304. Subject to the provisions of Section 3.3 303 and, if applicable, Section 3.4304, 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 Issuer Order. If a Company an Issuer Order pursuant to Section 3.3 303 or 3.4 304 has been, or simultaneously is, delivered, any instructions by the Company Issuer 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 1.2 102 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 303 shall apply to any Security represented by a Global 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 Global Security in global form together with written instructions (which need not comply with Section 1.2 102 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 sentence of Section 3.3303. Notwithstanding the provisions of Section 3.7307, unless otherwise specified as contemplated by Section 3.1301, payment of principal of and any premium and interest on any Global Security in permanent global form shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 308 and except as provided in the preceding paragraph, the CompanyIssuer, the Trustee and any agent of the Company Issuer and the Trustee shall treat as the Holder of such principal amount of Outstanding Securities represented by a permanent Global global Security (1i) in the case of a permanent Global global Security in registered form, the Holder of such permanent Global global Security in registered form form, or (2ii) in the case of a permanent Global global Security in bearer form, Euroclear or CEDELClearstream. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nominee.ARTICLE THREE THE SECURITIES
Appears in 1 contract
Samples: Kimco Realty OP, LLC
Securities Issuable in Global Form. If Securities of or within a series are issuable in global form, as specified as contemplated by Section 301, then, notwithstanding clause (8) of Section 301 and the form provisions of one or more Global SecuritiesSection 302, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee or the Security Registrar in such manner or 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 3.3 303 or 3.4304. Subject to the provisions of Section 3.3 303 and, if applicable, Section 3.4304, the Trustee or the Security Registrar 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. If a Company Order pursuant to Section 3.3 303 or 3.4 304 has been, or simultaneously is, delivered, any instructions by the Company with respect to endorsement or endorsement, delivery or redelivery of a Global Security in global form shall be in writing but need not comply with Section 1.2 102 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 303 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee or the Global Security Registrar the Security in global form together with written instructions (which need not comply with Section 1.2 102 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 sentence of Section 3.3303. Notwithstanding the provisions of Section 3.7201 and Section 307, unless otherwise specified as contemplated by Section 3.1301, payment of principal of (and any premium premium, if any) and interest interest, if any, on any Global Security in permanent global form shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 309 and except as provided in the preceding paragraph, the Company, the Guarantor (if Guarantees are issued), the Trustee and any agent of the Company Company, the Guarantor (if Guarantees are issued), and the Trustee shall treat as the Holder of such principal amount of Outstanding Securities represented by a permanent Global global Security (1i) in the case of a permanent Global global Security in registered form, the Holder of such permanent Global global Security in registered form form, or (2ii) in the case of a permanent Global global Security in bearer form, Euroclear or CEDEL. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nomineeClearstream.
Appears in 1 contract
Securities Issuable in Global Form. If Securities of or within a series are issuable in the global form (a “Global Security”), as specified as contemplated by Section 204 and Section 301, then, notwithstanding clause (8) of one or more Global SecuritiesSection 301, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any a Global Security to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or 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 3.3 303 or 3.4Section 304. Subject to the provisions of Section 3.3 303 and, if applicable, Section 3.4304, 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. If a Company Order pursuant to Section 3.3 303 or 3.4 Section 304 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 1.2 102 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 shall apply to any Security represented by a Global Security if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Global Security together with written instructions (which need not comply with Section 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 Section 3.3. Notwithstanding the provisions of Section 3.7307, unless otherwise specified as contemplated by Section 3.1301, payment of principal of and any premium and interest on any Global Security shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 309 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 (1) in the case of a permanent Global Security in registered form, the Holder of such permanent Global Security in registered form or (2) in the case of a permanent Global Security in bearer form, Euroclear or CEDEL. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nominee.
Appears in 1 contract
Samples: Indenture (HomeCare Labs, Inc.)
Securities Issuable in Global Form. If Securities of or within a series are issuable in global form, as specified as contemplated by Section 301, then, notwithstanding clause (8) of Section 301 and the form provisions of one or more Global SecuritiesSection 302, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee or the Security Registrar in such manner or 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 3.3 303 or 3.4304. Subject to the provisions of Section 3.3 303 and, if applicable, Section 3.4304, the Trustee or the Security Registrar 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. If a Company Order pursuant to Section 3.3 303 or 3.4 304 has been, or simultaneously is, delivered, any instructions by the Company with respect to endorsement or endorsement, delivery or redelivery of a Global Security in global form shall be in writing but need not comply with Section 1.2 102 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 303 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee or the Global Security Registrar the Security in global form together with written instructions (which need not comply with Section 1.2 102 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 sentence of Section 3.3303. Notwithstanding the provisions of Section 3.7307, unless otherwise specified as contemplated by Section 3.1301, payment of principal of (and any premium premium, if any) and interest interest, if any, on any Global Security in permanent global form shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 309 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 (1) in the case of a permanent Global Security in registered formglobal Security, the Holder of such permanent Global Security in registered form or (2) in global Security. Unless otherwise specified as contemplated by Section 301 for the case of a permanent Global Security in bearer formSecurities evidenced thereby, Euroclear or CEDEL. Any Global every global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositaryTHIS SECURITY IS A GLOBAL SECURITY WITHIN THE MEANING OF THE INDENTURE HEREINAFTER REFERRED TO AND IS REGISTERED IN THE NAME OF A DEPOSITARY OR A NOMINEE THEREOF. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the IndentureTHIS SECURITY MAY NOT BE EXCHANGED IN WHOLE OR IN PART FOR A SECURITY REGISTERED, andAND NO TRANSFER OF THIS SECURITY IN WHOLE OR IN PART MAY BE REGISTERED, unless and until it is exchanged for Securities in definitive form as aforesaidIN THE NAME OF ANY PERSON OTHER THAN SUCH DEPOSITARY OR A NOMINEE THEREOF, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nomineeEXCEPT IN THE LIMITED CIRCUMSTANCES DESCRIBED IN THE INDENTURE.
Appears in 1 contract
Samples: Indenture (FIDUS INVESTMENT Corp)
Securities Issuable in Global Form. If Securities of or within a series are issuable in global form, as specified as contemplated by Section 3.1, then, notwithstanding the form provisions of one or more Global SecuritiesSections 3.1 and 3.2, any such Global Security or Securities may provide that it or they shall represent such of the aggregate amount of all Outstanding Securities of such series (or as shall be specified therein and may provide that it shall represent the aggregate principal amount of Outstanding Securities of such lesser amount as is permitted by the terms thereof) series from time to time endorsed thereon and may also provide that the aggregate principal amount of Outstanding Securities of such series represented thereby may from time to time be increased or decreased to reflect exchanges. The Securities in global form may be permanent or temporary. Any endorsement of any Global a Security in global form to reflect the principal amount, or any increase or decrease in the amount, amount of Outstanding Securities represented thereby shall be made by the Trustee in such manner or 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 3.3 or 3.4. Subject to the provisions of Section 3.3 and, if applicable, Section 3.4, 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. 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 Global Security in global form shall be in writing but need not comply with Section 1.2 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Global Security in global form together with written instructions (which need not comply with Section 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 Section 3.3. Notwithstanding the provisions of Section 3.7this Indenture, unless otherwise specified as contemplated by Section 3.1, payment of principal of and any premium premium, if any, and interest on any Global 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 global Security (1) as shall be specified in a written statement of the case of a permanent Global Security in registered form, the Holder of Depositary with respect to such permanent Global global Security, only for purposes of obtaining any consents or directions required to be given by the Holders pursuant to this Indenture. Unless otherwise provided as contemplated by Section 3.1 with respect to any series of Securities, any global Security in registered form or (2) in the case of a permanent Global Security in bearer form, Euroclear or CEDEL. Any Global Security authenticated and delivered hereunder shall bear a legendprovide, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning provisions established pursuant to Sections 2.1 and 3.1 and set forth in the Indenture hereinafter referred preceding paragraphs, that the Depositary will not sell, assign, transfer or otherwise convey any beneficial interest in such global Security unless such beneficial interest is in an amount equal to an authorized denomination for Securities of each series, and is registered in that the name Depositary, by accepting such global Security, agrees to be bound by such provision. Any global Security shall also contain such other provisions as are necessary to reflect the global form of such Security and the designation of a depositary or a nominee of a depositary. This Security is exchangeable Depositary for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nomineesuch global Security.
Appears in 1 contract
Samples: Berkshire Realty Co Inc /De
Securities Issuable in Global Form. If Securities of or within a series are issuable in global form, as specified in and as contemplated by Section 301, then, notwithstanding clause (8) of Section 301 and the form provisions of one or more Global SecuritiesSection 302, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or 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 3.3 303 or 3.4304. Subject to the provisions of Section 3.3 303 and, if applicable, Section 3.4304, 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 Issuer Order. If a Company Issuer Order pursuant to Section 3.3 303 or 3.4 304 has been, or simultaneously is, delivered, any instructions by the Company Issuer 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 1.2 102 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 303 shall apply to any Security represented by a Global 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 Global Security in global form together with written instructions (which need not comply with Section 1.2 102 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 sentence of Section 3.3303. Notwithstanding the provisions of Section 3.7307, unless otherwise specified as contemplated by Section 3.1301, payment of principal of and any premium and interest on any Global Security in permanent global form shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 308 and except as provided in the preceding paragraph, the CompanyIssuer, the Trustee and any agent of the Company Issuer and the Trustee shall treat as the Holder of such principal amount of Outstanding Securities represented by a permanent Global global Security (1i) in the case of a permanent Global global Security in registered form, the Holder of such permanent Global global Security in registered form or (2ii) in the case of a permanent Global global Security in bearer form, Euroclear the Person or CEDEL. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nomineePersons specified therein.
Appears in 1 contract
Samples: Mack Cali Realty L P
Securities Issuable in Global Form. If Securities of or within a series are issuable in the form of one or more Global Securities, then, notwithstanding clause (8) of Section 3.1 and the provisions of Section 3.2, any such Global Security or Securities may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global Security to reflect the amount, or any increase or decrease in the amount, or changes in the rights of Holders thereof, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or by such Person or Persons as shall be specified therein or in the Company Order to be delivered to the Trustee pursuant to Section 3.3 or 3.4. Subject to the provisions of Section 3.3 and, if applicable, Section 3.4, 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. 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 Global Security shall be in writing but need not comply with Section 1.2 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 shall apply to any Security represented by a Global Security if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Global Security together with written instructions (which need not comply with Section 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 Section 3.3. Notwithstanding the provisions of Section 3.7, unless otherwise specified as contemplated by Section 3.1, payment of principal of and any premium or Make-Whole Amount, if any, and interest on any Global Security in permanent global form shall be made to the Person or Persons specified thereinregistered Holder thereof. 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 as the Holder of such principal amount of Outstanding Securities represented by a permanent Global Security (1) in the case of a permanent Global Security in registered form, the Holder of such permanent Global Security in registered form or (2) in the case of a permanent Global Security in bearer form, Euroclear or CEDEL. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: "This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary Depositary or a nominee of a depositaryDepositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary Depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary Depositary to a nominee of the depositary Depositary or by a nominee of the depositary Depositary to the depositary Depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nominee.the
Appears in 1 contract
Samples: Commercial Net Lease Realty Inc
Securities Issuable in Global Form. If Securities of or within a series are issuable in global form, as specified as contemplated by Section 3.01, then, notwithstanding the form provisions of one or more Global SecuritiesSection 3.02, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee or the Security Registrar in such manner or 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 3.3 3.03 or 3.4. Subject to the provisions of Section 3.3 and, if applicable, Section 3.4, 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. 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 Global Security shall be in writing but need not comply with Section 1.2 and need not be accompanied by an Opinion of Counsel3.04. The provisions of the last sentence of Section 3.3 3.03 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee or the Global Security Registrar the Security in global form together with written instructions (which need not comply with Section 1.2 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 sentence of Section 3.33.03. Notwithstanding the provisions of Section 3.73.07, unless otherwise specified as contemplated by Section 3.13.01, payment of principal of (and any premium premium, if any) and interest interest, if any, on any Global Security in permanent global form shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 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 global Security (1) in the case of a permanent Global global Security in registered form, the Holder of such permanent Global global Security in registered form or (2) in the case of a permanent Global Security in bearer form, Euroclear or CEDEL. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nominee.
Appears in 1 contract
Samples: Carlyle Secured Lending, Inc.
Securities Issuable in Global Form. If The Securities of or within a series are shall be issuable in the form of one or more Global Securitiesglobal form, and any such Global Security or shall represent such of the Outstanding Securities as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or 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 3.3 or 3.43.03. Subject to the provisions of Section 3.3 and, if applicable, Section 3.43.03, 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. If a Company Order pursuant to Section 3.3 or 3.4 3.03 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 1.2 1.02 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 3.03 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Global Security in global form together with written instructions (which need not comply with Section 1.2 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 sentence of Section 3.33.03. Notwithstanding the provisions of Section 3.7, unless otherwise specified as contemplated by Section 3.13.07, payment of principal of and any premium and interest on any Global Security in global form shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 3.07 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 global Security (1) in as the case Holder of a permanent Global such global Security in registered form, the Holder of such permanent Global Security in registered form or (2) in the case of a permanent Global Security in bearer form, Euroclear or CEDEL. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nominee.
Appears in 1 contract
Samples: Internet Capital Group Inc
Securities Issuable in Global Form. If Securities of or within a series are issuable in the form global form, as specified as contemplated by Section 301, then, notwithstanding clause (8) of one or more Global SecuritiesSection 301, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or 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 3.3 303 or 3.4Section 304. Subject to the provisions of Section 3.3 303 and, if applicable, Section 3.4304, 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. If a Company Order pursuant to Section 3.3 303 or 3.4 Section 304 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 1.2 102 and need not be accompanied by an Opinion of Counsel. The Trustee and each Agent are hereby authorized to act in accordance with Applicable Procedures as to any global Security. Neither the Trustee nor any Agent shall have responsibility for any actions taken or not taken by any Depositary. The provisions of the last sentence of Section 3.3 303 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Global Security in global form together with written instructions (which need not comply with Section 1.2 102 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 sentence of Section 3.3303. Notwithstanding the any provisions of Section 3.7307 to the contrary, unless otherwise specified as contemplated by Section 3.1301, payment of principal of (and any premium premium, if any) and interest interest, if any, on any Global Security in global form shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 309 and except as provided in the preceding paragraph, the Company, the Trustee and any agent of the Company and or the Trustee shall treat as the Holder of such principal amount of Outstanding Securities represented by a permanent Global global Security (1) in the case of a permanent Global Security in registered form, the Holder of such permanent Global Security in registered form or (2) in the case of a permanent Global Security in bearer form, Euroclear or CEDEL. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nomineethereof.
Appears in 1 contract
Securities Issuable in Global Form. If Securities of or within a series are issuable in the form global form, as contemplated by Section 3.1, then, notwithstanding clause (8) of one or more Global SecuritiesSection 3.1, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or 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 3.3 or Section 3.4. Subject to the provisions of Section 3.3 and, if applicable, Section 3.4, 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. If a Company Order pursuant to Section 3.3 or Section 3.4 has been, or simultaneously is, delivered, any instructions by the Company with respect to endorsement or delivery or redelivery of a Global any related Security in global form shall be in writing but need not comply with Section 1.2 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Global Security in global form together with written instructions (which need not comply with Section 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 Section 3.3. Notwithstanding the provisions of Section 3.7, unless otherwise specified as contemplated by Section 3.1, payment of principal of (and any premium premium, if any) and interest interest, if any, on any Global Security in permanent global form shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 3.9 and except as provided in the preceding paragraph, the Company, the Trustee and any agent of the Company and or the Trustee shall treat as the Holder of such principal amount of Outstanding Securities represented by a permanent Global global Security (1i) in the case of a permanent Global global Security in registered form, the Holder of such permanent Global global Security in registered form form, or (2ii) in the case of a permanent Global global Security in bearer form, Euroclear or CEDEL. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nomineeClearstream.
Appears in 1 contract
Samples: Indenture (CI Financial Corp.)
Securities Issuable in Global Form. If Securities of or within a series are issuable in the form global form, as specified or contemplated by Section 301, then, notwithstanding clause (8) of one or more Global SecuritiesSection 301, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or and upon instructions given by such Person or Persons as shall be specified therein or in the Company Corporation Order to be delivered to the Trustee pursuant to Section 3.3 303 or 3.4Section 304. Subject to the provisions of Section 3.3 303 and, if applicable, Section 3.4304, 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 Corporation Order. 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 Global Security shall be in writing but need not comply with Section 1.2 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 303 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company Corporation and the Company Corporation delivers to the Trustee the Global Security in global form together with written instructions an Officers’ Certificate (which need not comply with Section 1.2 102 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 Officers’ Certificate contemplated by the last sentence of Section 3.3303. Notwithstanding the provisions of Section 3.7307, unless otherwise specified as contemplated by Section 3.1301, payment of principal of (and any premium premium, if any, on) and interest on any Global Security in permanent global form shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 309 and except as provided in the preceding paragraph, the CompanyCorporation, the Trustee and any agent of the Company Corporation and the Trustee shall treat as the Holder of such principal amount of Outstanding Securities represented by a permanent Global Security global Security: (1i) in the case of a permanent Global global Security in registered form, the Holder of such permanent Global global Security in registered form form, or (2ii) in the case of a permanent Global global Security in bearer form, Euroclear or CEDEL. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nomineeClearstream.
Appears in 1 contract
Samples: Indenture (Agrium Inc)
Securities Issuable in Global Form. If Except as otherwise provided in this Section 2.03 or in Section 3.04, the Securities shall be issuable only in global form and deposited with the Trustee, at its Corporate Trust Office (or such other location as it may determine from time to time for such purpose), as custodian for DTC or the nominees thereof, and any such Security shall represent such of or within a series are issuable the Outstanding Securities as shall be set forth in the form books and records of one or more Global Securities, any such Global Security or Securities the Trustee and may provide that it or they shall represent the aggregate 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 as adjusted in the books and may also provide records of the Trustee, and that the aggregate amount of Outstanding Securities of such series represented thereby may from time to time be increased or decreased to reflect exchanges. Any endorsement Notwithstanding anything to the contrary contained herein, each of the Company’s and any Holder’s obligations or exercise of any Global right or procedure described herein shall be made in accordance with and subject to the procedures of the Trustee and the depository or the nominees thereof. Members of, or participants in, the depositary (“Agent Members”) shall have no rights under this Indenture with respect to any Note in global form held on their behalf by the depositary or by the Trustee as the custodian of the depositary or under such Note in global form, and the depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the depositary or impair, as between the depositary and its Agent Members, the operation of customary practices of such depositary governing the exercise of the rights of a holder of a beneficial interest in any Note held in global form. Any adjustment of the aggregate amount of Outstanding Securities represented by a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or 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 3.3 or 3.43.03. Subject to the provisions of Section 3.3 and, if applicable, Section 3.43.03, the Trustee shall shall, if required, 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. If a Company Order pursuant to Section 3.3 or 3.4 3.03 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 1.2 1.03 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 3.03 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Global Security in global form together with written instructions (which need not comply with Section 1.2 1.03 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 Section 3.33.03. Notwithstanding the provisions of Section 3.7, unless otherwise specified as contemplated by Section 3.13.07, payment of principal of and any premium and interest on any Global Security in global form shall be made to the Person or Persons specified thereinin such Security. Notwithstanding the provisions of Section 3.8 and except as provided All Securities issued 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 (1) in the case of a permanent Global Security in registered form, the Holder of such permanent Global Security in registered global form or (2) in the case of a permanent Global Security in bearer form, Euroclear or CEDEL. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following formlegend: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositaryUNLESS THIS CERTIFICATE IS PRESENTED BY AN AUTHORIZED REPRESENTATIVE OF THE DEPOSITORY TRUST COMPANY, A NEW YORK CORPORATION (“DTC”), NEW YORK, NEW YORK, TO THE COMPANY OR ITS AGENT FOR REGISTRATION OF TRANSFER, EXCHANGE OR PAYMENT, AND ANY CERTIFICATE ISSUED IS REGISTERED IN THE NAME OF CEDE & CO. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the IndentureOR IN SUCH OTHER NAME AS IS REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC, andAND ANY PAYMENT IS MADE TO CEDE & CO. OR TO SUCH OTHER ENTITY AS IS REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC, unless and until it is exchanged for Securities in definitive form as aforesaidANY TRANSFER, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nomineePLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL BECAUSE THE REGISTERED OWNER HEREOF, CEDE & CO., HAS AN INTEREST HEREIN. TRANSFERS OF THIS GLOBAL SECURITY SHALL BE LIMITED TO TRANSFERS IN WHOLE, BUT NOT IN PART, TO NOMINEES OF CEDE & CO. OR TO A SUCCESSOR THEREOF OR SUCH SUCCESSOR’S NOMINEE.
Appears in 1 contract
Samples: Indenture (Transwitch Corp /De)
Securities Issuable in Global Form. If Securities of or within a series are issuable in global form, as specified as contemplated by Section 301, then, notwithstanding clause (8) of Section 301 and the form provisions of one or more Global SecuritiesSection 302, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or 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 3.3 303 or 3.4304. Subject to the provisions of Section 3.3 303 and, if applicable, Section 3.4304, 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. If a Company Order pursuant to Section 3.3 303 or 3.4 304 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 1.2 102 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 303 shall apply to any Security security represented by a Global Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Global Security security in global form together with written instructions (which need not comply with Section 1.2 102 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 sentence of Section 3.3303. Notwithstanding the provisions of Section 3.7307, unless otherwise specified as contemplated by Section 3.1301, payment of principal of and any premium and interest on any Global Security in permanent global form shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 308 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 global Security (1i) in the case of a permanent Global global Security in registered form, the Holder of such permanent Global global Security in registered form form, or (2ii) in the case of a permanent Global global Security in bearer form, Euroclear or CEDELand/or Clearstream. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nominee.ARTICLE THREE
Appears in 1 contract
Samples: Senior Indenture (Liberty Property Limited Partnership)
Securities Issuable in Global Form. If Securities of or within a series are issuable in the form global form, as specified as contemplated by Section 3.01, then, notwithstanding clause (h) of one or more Global SecuritiesSection 3.01, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or 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 3.3 3.03 or 3.4Section 3.04. Subject to the provisions of Section 3.3 3.03 and, if applicable, Section 3.43.04, 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. If a Company Order pursuant to Section 3.3 3.03 or 3.4 Section 3.04 has been, or simultaneously is, delivered, any instructions by the Company Issuer 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 1.2 1.02 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 3.03 shall apply to any Security represented by a Global 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 Global Security in global form together with written instructions (which need not comply with Section 1.2 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 sentence of Section 3.33.03. Notwithstanding the provisions of Section 3.73.07, unless otherwise specified as contemplated by Section 3.13.01, payment of principal of (and any premium premium, if any) and interest interest, if any, on any Global Security in permanent global form shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 3.09 and except as provided in the preceding paragraph, the Company, the Parent, the Trustee and any agent of the Company Company, the Parent, and the Trustee shall treat as the Holder of such principal amount of Outstanding Securities represented by a permanent Global global Security (1i) in the case of a permanent Global global Security in registered form, the Holder of such permanent Global global Security in registered form form, or (2ii) in the case of a permanent Global global Security in bearer form, Euroclear or CEDELClearstream. Any Global Security authenticated and delivered hereunder The Depository Trust Company shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially be the following form: This Security is a Global Security within initial depositary for the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nomineeSecurities.
Appears in 1 contract
Samples: Indenture (Eaton Corp PLC)
Securities Issuable in Global Form. If Securities of or within a series are issuable in the form global form, as specified as contemplated by Section 301, then, notwithstanding clause (10) of one or more Global SecuritiesSection 301, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or 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 3.3 303 or 3.4Section 304. Subject to the provisions of Section 3.3 303 and, if applicable, Section 3.4304, 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. If a Company Order pursuant to Section 3.3 303 or 3.4 Section 304 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 1.2 102 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 303 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Global Security in global form together with written instructions (which need not comply with Section 1.2 102 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 sentence of Section 3.3303. Notwithstanding the provisions of Section 3.7307, unless otherwise specified as contemplated by Section 3.1301, payment of principal of and any premium and interest on any Global Security in permanent global form shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 309 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 global Security (1i) in the case of a permanent Global global Security in registered form, the Holder of such permanent Global global Security in registered form form, or (2ii) in the case of a permanent Global global Security in bearer form, Euroclear or CEDEL. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nominee.
Appears in 1 contract
Samples: Pacific Telesis Financing Iii
Securities Issuable in Global Form. If Securities of or within a series are issuable in the form global form, as specified as contemplated by Section 301, then, notwithstanding clause (8) of one or more Global SecuritiesSection 301, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or 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 3.3 303 or 3.4Section 304. Subject to the provisions of Section 3.3 303 and, if applicable, Section 3.4304, 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. If a Company Order pursuant to Section 3.3 303 or 3.4 Section 304 has been, or simultaneously is, delivered, any instructions by the Company Issuer 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 1.2 102 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 303 shall apply to any Security represented by a Global 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 Global Security in global form together with written instructions (which need not comply with Section 1.2 102 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 sentence of Section 3.3303. Notwithstanding the provisions of Section 3.7307, unless otherwise specified as contemplated by Section 3.1301, payment of principal of (and any premium premium, if any) and interest interest, if any, on any Global Security in permanent global form shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 309 and except as provided in the preceding paragraph, the Company, the Parent, the Trustee and any agent of the Company Company, the Parent, and the Trustee shall treat as the Holder of such principal amount of Outstanding Securities represented by a permanent Global global Security (1i) in the case of a permanent Global global Security in registered form, the Holder of such permanent Global global Security in registered form form, or (2ii) in the case of a permanent Global global Security in bearer form, Euroclear or CEDELClearstream. Any Global Security authenticated and delivered hereunder The Depository Trust Company shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially be the following form: This Security is a Global Security within initial depositary for the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositarySecurities. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nominee.ARTICLE THREE THE SECURITIES
Appears in 1 contract
Samples: Cooper Offshore Holdings S.a.r.l.
Securities Issuable in Global Form. If Securities of or within a series are issuable in global form, as specified as contemplated by Section 301, then, notwithstanding clause (8) of Section 301 and the form provisions of one or more Global SecuritiesSection 302, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee or the Security Registrar in such manner or 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 3.3 303 or 3.4304. Subject to the provisions of Section 3.3 303 and, if applicable, Section 3.4304, the Trustee or the Security Registrar 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. If a Company Order pursuant to Section 3.3 303 or 3.4 304 has been, or simultaneously is, delivered, any instructions by the Company with respect to endorsement or endorsement, delivery or redelivery of a Global Security in global form shall be in writing but need not comply with Section 1.2 102 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 303 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee or the Global Security Registrar the Security in global form together with written instructions (which need not comply with Section 1.2 102 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 sentence of Section 3.3303. Notwithstanding the provisions of Section 3.7307, unless otherwise specified as contemplated by Section 3.1301, payment of principal of (and any premium premium, if any) and interest interest, if any, on any Global Security in permanent global form shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 309 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 (1) in the case of a permanent Global Security in registered formglobal Security, the Holder of such permanent Global Security in registered form or (2) in global Security. Unless otherwise specified as contemplated by Section 301 for the case of a permanent Global Security in bearer formSecurities evidenced thereby, Euroclear or CEDEL. Any Global every global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositaryTHIS SECURITY IS A GLOBAL SECURITY WITHIN THE MEANING OF THE INDENTURE HEREINAFTER REFERRED TO AND IS REGISTERED IN THE NAME OF A DEPOSITORY OR A NOMINEE THEREOF. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the IndentureTHIS SECURITY MAY NOT BE EXCHANGED IN WHOLE OR IN PART FOR A SECURITY REGISTERED, andAND NO TRANSFER OF THIS SECURITY IN WHOLE OR IN PART MAY BE REGISTERED, unless and until it is exchanged for Securities in definitive form as aforesaidIN THE NAME OF ANY PERSON OTHER THAN SUCH DEPOSITORY OR A NOMINEE THEREOF, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nominee.EXCEPT IN THE LIMITED CIRCUMSTANCES DESCRIBED IN THE INDENTURE. ARTICLE THREE
Appears in 1 contract
Samples: Indenture (CM Finance Inc)
Securities Issuable in Global Form. If Securities of or within a series are issuable in global form, as specified as contemplated by Section 3.01, then, notwithstanding clause (9) of Section 3.01 and the form provisions of one or more Global SecuritiesSection 3.02, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any a Global Security to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or 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 3.3 3.03 or 3.43.04. Subject to the provisions of Section 3.3 3.03 and, if applicable, Section 3.43.04, 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. If a Company Order pursuant to Section 3.3 3.03 or 3.4 3.04 has been, or simultaneously is, delivered, any instructions by the Company with respect to endorsement or endorsement, delivery or redelivery of a Global Security in global form shall be in writing but need not comply with Section 1.2 1.02 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 3.03(g) shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Global Security in global form together with written instructions (which need not comply with Section 1.2 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 sentence of Section 3.33.03(g). Notwithstanding the provisions of Section 3.73.07, unless otherwise specified as contemplated by Section 3.13.01, payment of principal of (and any premium premium, if any) and interest interest, if any, on any permanent Global Security shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 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 (1i) in the case of a permanent Global Security in registered form, the Holder of such permanent Global Security in registered form form, or (2ii) in the case of a permanent Global Security in bearer form, Euroclear Euroclear, CEDEL or CEDEL. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any such other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form Person as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary known to the depositary or another nominee of Trustee to be the depositary or by the depositary or its nominee to a successor depositary or its nominee.bearer thereof. ARTICLE THREE
Appears in 1 contract
Samples: Indenture (Bergen Brunswig Corp)
Securities Issuable in Global Form. If Securities of or within a series are issuable in global form, as specified as contemplated by Section 3.01, then, notwithstanding clause (viii) of Section 3.01 and the form provisions of one or more Global SecuritiesSection 3.02, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, amount or any increase or decrease in the amount, amount of Outstanding Securities represented thereby shall be made by the Trustee or the Security Registrar in such manner or 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 3.3 3.03 or 3.43.04. Subject to the provisions of Section 3.3 3.03 and, if applicable, Section 3.43.04, the Trustee or the Security Registrar 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. If a Company Order pursuant to Section 3.3 3.03 or 3.4 3.04 has been, or simultaneously is, delivered, any instructions by the Company with respect to endorsement or endorsement, delivery or redelivery of a Global Security in global form shall be in writing but need not comply with Section 1.2 1.02 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 3.03 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee or the Global Security Registrar the Security in global form together with written instructions (which need not comply with Section 1.2 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 sentence of Section 3.33.03. Notwithstanding the provisions of Section 3.73.07, unless otherwise specified as contemplated by Section 3.13.01, payment of principal of (and any premium premium, if any) and interest interest, if any, on any Global Security in permanent global form shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 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 the Holder of a permanent global Security in registered form as the Holder of such principal amount of Outstanding Securities represented by a permanent Global Security (1) in the case of a permanent Global Security in registered form, the Holder of such permanent Global Security in registered form or (2) in the case of a permanent Global Security in bearer form, Euroclear or CEDELglobal Security. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nominee.ARTICLE THREE THE SECURITIES
Appears in 1 contract
Samples: Garrison Capital Inc.
Securities Issuable in Global Form. If Securities of or within a series are specified to be issuable in the form as Global Securities as contemplated by Section 3.01, then, notwithstanding clause (8) of one or more Global SecuritiesSection 3.01, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect transfers and exchanges. Any endorsement of any a Global Security to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or 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 3.3 3.03 or 3.4Section 3.04 (and which, in the case of Global Securities under the New Safekeeping Structure, shall be effectuated by the Common Safekeeper). Subject to the provisions of Section 3.3 3.03 and, if applicable, Section 3.43.04, 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 Issuer Order. If a Company an Issuer Order pursuant to Section 3.3 3.03 or 3.4 Section 3.04 has been, or simultaneously is, delivered, any instructions by the Company Issuer with respect to endorsement or delivery or redelivery of a Global Security shall be in writing but need not comply with Section 1.2 1.02 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 3.03 shall apply to any Security represented by a Global Security if such Security was never issued and sold by the Company Issuer and the Company Issuer delivers to the Trustee the Global Security together with written instructions (which need not comply with Section 1.2 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 sentence of Section 3.3. Notwithstanding the provisions of Section 3.7, unless otherwise specified as contemplated by Section 3.1, payment of principal of and any premium and interest on any Global Security 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 as the Holder of such principal amount of Outstanding Securities represented by a permanent Global Security (1) in the case of a permanent Global Security in registered form, the Holder of such permanent Global Security in registered form or (2) in the case of a permanent Global Security in bearer form, Euroclear or CEDEL. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nominee3.03.
Appears in 1 contract
Samples: Fairfax Financial Holdings LTD/ Can
Securities Issuable in Global Form. If Securities of or within a series are issuable in the form global form, as specified as contemplated by Section 3.01, then, notwithstanding clause (10) of one or more Global SecuritiesSection 3.01, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or 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 3.3 or 3.43.03. Subject to the provisions of Section 3.3 and, if applicable, Section 3.43.03, 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 Issuer Order. If a Company an Issuer Order pursuant to Section 3.3 or 3.4 3.03 has been, or simultaneously is, delivered, any instructions by the Company Issuer 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 1.2 1.02 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 3.03 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company Issuer and the Company Issuer delivers to the Trustee Trustee, as applicable, the Global Security in global form together with written instructions (which need not comply with Section 1.2 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 sentence of Section 3.33.03. Notwithstanding the provisions of Section 3.73.07, unless otherwise specified as contemplated by Section 3.13.01, payment of principal of (and any premium premium, if any) and interest interest, if any, on any Global Security in permanent global form shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 3.09 and except as provided in the preceding paragraph, the CompanyIssuer, the Trustee Guarantors, the Trustee, and any agent of the Company and Issuer, the Guarantors, or the Trustee shall treat as the Holder of such principal amount of Outstanding Securities represented by a permanent Global global Security (1) in the case of a permanent Global Security in registered form, the Holder of such permanent Global Security in registered form or (2) in the case of a permanent Global Security in bearer form, Euroclear or CEDEL. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nomineeglobal Security.
Appears in 1 contract
Samples: Indenture (Emera Inc)
Securities Issuable in Global Form. If Securities of or within a series are issuable in global form, as specified as contemplated by Section 3.1, then, notwithstanding clause (8) of Section 3.1 and the form provisions of one or more Global SecuritiesSection 3.2, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or 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 3.3 or 3.4. Subject to the provisions of Section 3.3 and, if applicable, Section 3.4, 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. 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 Global Security in global form shall be in writing but need not comply with Section 1.2 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Global Security in global form together with written instructions (which need not comply with Section 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 Section 3.3. Notwithstanding the provisions of Section 3.7, unless otherwise specified as contemplated by Section 3.1, payment of principal of and any premium and interest on any Global 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 as the Holder of such principal amount of Outstanding Securities represented by a permanent Global global Security (1i) in the case of a permanent Global global Security in registered form, the Holder of such permanent Global global Security in registered form form, or (2ii) in the case of a permanent Global global Security in bearer form, Euroclear or CEDEL. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nomineeClearstream.
Appears in 1 contract
Securities Issuable in Global Form. If Securities of or within a series are issuable in the form of one or more Global Securities, any such Global Security or Securities may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global Security to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or by such Person or Persons as shall be specified therein or in the Company Order to be delivered to the Trustee pursuant to Section 3.3 or 3.4. Subject to the provisions of Section 3.3 and, if applicable, Section 3.4, 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. 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 Global Security shall be in writing but need not comply with Section 1.2 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 shall apply to any Security represented by a Global Security if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Global Security together with written instructions (which need not comply with Section 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 Section 3.3. Notwithstanding the provisions of Section 3.7, unless otherwise specified as contemplated by Section 3.1, payment of principal of and any premium and interest on any Global Security 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 as the Holder of such principal amount of Outstanding Securities represented by a permanent Global Security (1) in the case of a permanent Global Security in registered form, the Holder of such permanent Global Security in registered form or (2) in the case of a permanent Global Security in bearer form, Euroclear or CEDEL. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nominee.the
Appears in 1 contract
Samples: Indenture (Viasat Inc)
Securities Issuable in Global Form. If Securities of or within a series are issuable in the form of one or more Global Securitiesglobal form, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or 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 3.3 303 or 3.4Section 304 or as otherwise provided in Section 314. Subject to the provisions of Section 3.3 303 and, if applicable, Section 3.4304, 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. If a Company Order pursuant to Section 3.3 303 or 3.4 Section 304 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 1.2 102 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 shall apply to any Security represented by a Global Security if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Global Security together with written instructions (which need not comply with Section 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 Section 3.3. Notwithstanding the provisions of Section 3.7, unless otherwise specified as contemplated by Section 3.1307, payment of principal of (and any premium premium, if any) and interest interest, if any, on any Global Security in permanent global form shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 309 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 (1) in the case of a permanent Global Security in registered formglobal Security, the Holder of such permanent Global global Security in registered form or (2) in form. The Depository Trust Company shall be the case of a permanent Global Security in bearer form, Euroclear or CEDELinitial Depositary for the Securities. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nominee.ARTICLE THREE
Appears in 1 contract
Samples: Indenture (Eaton Corp PLC)
Securities Issuable in Global Form. If Securities of or within a series are issuable in the form global form, as specified as contemplated by Section 301, then, notwithstanding clause (8) of one or more Global SecuritiesSection 301, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or and upon written 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 3.3 303 or 3.4Section 304. Subject to the provisions of Section 3.3 303 and, if applicable, Section 3.4304, 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. If a Company Order pursuant to Section 3.3 303 or 3.4 Section 304 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 1.2 102 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of the penultimate paragraph of Section 3.3 303 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Global Security in global form together with written instructions (which need not comply with Section 1.2 102 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 sentence of the penultimate paragraph of Section 3.3303. Notwithstanding the provisions of Section 3.7307, unless otherwise specified as contemplated by Section 3.1301, payment of principal of (and any premium premium, if any) and interest interest, if any, on any Global Security in permanent global form shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 309 and except as provided in the preceding paragraph, the Company, the Guarantor, the Trustee and any agent of the Company Company, the Guarantor and the Trustee shall treat as the Holder of such principal amount of Outstanding Securities represented by a permanent Global Security (1) in the case of a permanent Global Security in registered formglobal Security, the Holder of such permanent Global global Security in registered form or (2) in the case of a permanent Global Security in bearer form, Euroclear or CEDEL. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nominee.
Appears in 1 contract
Samples: Indenture (Sasol Financing USA LLC)
Securities Issuable in Global Form. If Securities of or within a series are issuable in the form of one or more Global Securitiesglobal form, as specified and contemplated by Section 301, then any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee in such the manner or by such Person or Persons and upon instructions as shall be specified therein or provided in the Company Order to be delivered to the Trustee pursuant to Section 3.3 or 3.4this Indenture. Subject to the provisions of Section 3.3 and, if applicable, Section 3.4, the 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 as provided in the applicable Company Orderthis Indenture. If a Company Order pursuant to Section 3.3 303 or 3.4 Section 304 has been, been or simultaneously is, 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 1.2 102 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 shall apply to any Security represented by a Global Security if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Global Security together with written instructions (which need not comply with Section 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 Section 3.3. Notwithstanding the provisions of Section 3.7307, unless otherwise specified as contemplated by Section 3.1301, payment of principal of (and any premium premium, if any) and interest interest, if any, on any Global Security in permanent global form shall be made to the Person or Persons specified thereinHolder. Notwithstanding the provisions of Section 3.8 and except as provided in the preceding paragraph309, the Company, the Trustee and any agent of the Company and or the Trustee shall treat as the Holder of such principal amount of Outstanding Securities represented by a permanent Global global Security (1i) in the case of a permanent Global global Security in registered form, the Holder of such permanent Global global Security in registered form form, or (2ii) in the case of a permanent Global global Security in bearer form, Euroclear or CEDELClearstream. Any Global A global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, may be in substantially the following form: This Security is a Global Security within the meaning set forth form attached as Exhibit A hereto or may be in the Indenture hereinafter referred to and is registered in the name of a depositary any form established by or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary pursuant to a nominee of the depositary Board Resolution or by a nominee of the depositary to the depositary in one or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nominee.more indentures supplemental hereto. ARTICLE THREE THE SECURITIES
Appears in 1 contract
Samples: Indenture (B2gold Corp)
Securities Issuable in Global Form. If Securities of or within a series are issuable in the form global form, as specified as contemplated by Section 301, then, notwithstanding clause (8) of one or more Global SecuritiesSection 301, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or 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 3.3 303 or 3.4Section 304. Subject to the provisions of Section 3.3 303 and, if applicable, Section 3.4304, 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. If a Company Order pursuant to Section 3.3 303 or 3.4 Section 304 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 1.2 102 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 303 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Global Security in global form together with written instructions (which need not comply with Section 1.2 102 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 sentence of Section 3.3303. Notwithstanding the provisions of Section 3.7307, unless otherwise specified as contemplated by Section 3.1301, payment of principal of (and any premium premium, if any) and interest interest, if any, on any Global Security in permanent global form shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 309 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 global Security (1i) in the case of a permanent Global global Security in registered form, the Holder of such permanent Global global Security in registered form form, or (2ii) in the case of a permanent Global global Security in bearer form, Euroclear or CEDELClearstream. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nominee.ARTICLE THREE
Appears in 1 contract
Samples: Indenture (Encana Corp)
Securities Issuable in Global Form. If Securities of or within a series are issuable in the form global form, as specified and contemplated by Section 301, then, notwithstanding clause (8) of one or more Global SecuritiesSection 301 and Section 302, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or and upon written instructions given by such Person or Persons as shall be specified therein or in the Company Corporation Order to be delivered to the Trustee pursuant to Section 3.3 303 or 3.4Section 304. Subject to the provisions of Section 3.3 303 and, if applicable, Section 3.4304, the Trustee shall deliver and redeliver any Global Security in permanent global form in the manner and upon written instructions given by the Person or Persons specified therein or in the applicable Company Corporation Order. If a Company Corporation Order pursuant to Section 3.3 303 or 3.4 Section 304 has been, or simultaneously is, delivered, any instructions by the Company Corporation 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 1.2 102 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 303 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company Corporation and the Company Corporation delivers to the Trustee the Global Security in global form together with written instructions (which need not comply with Section 1.2 102 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 sentence of Section 3.3303. Notwithstanding the provisions of Section 3.7307, unless otherwise specified as contemplated by Section 3.1301, payment of principal of (and any premium premium, if any) and interest interest, if any, on any Global 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 as the Holder of such principal amount of Outstanding Securities represented by a permanent Global Security (1) in the case of a permanent Global Security in registered form, the Holder of such permanent Global Security in registered form or (2) in the case of a permanent Global Security in bearer form, Euroclear or CEDEL. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nominee.
Appears in 1 contract
Samples: Indenture (Ovintiv Inc.)
Securities Issuable in Global Form. If Securities of or within a series are issuable in the form of one or more Global Securitiesglobal form, as specified as contemplated by Section 301, then, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or and upon written 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 3.3 303 or 3.4Section 305. Subject to the provisions of Section 3.3 303 and, if applicable, Section 3.4305, the Trustee shall deliver and redeliver any Global Security in permanent global form in the manner and upon written instructions given by the Person or Persons specified therein or in the applicable Company Order. If a Company Order pursuant to Section 3.3 303 or 3.4 Section 305 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 1.2 103 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 303 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Global Security in global form together with written instructions (which need not comply with Section 1.2 103 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 Section 3.3303. Notwithstanding the provisions of Section 3.7308, unless otherwise specified as contemplated by Section 3.1301, payment of principal of (and any premium premium, if any) and interest interest, if any, on any Global Security in permanent global form shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 310 and except as provided in the preceding paragraph, the Company, the Guarantors (if Note Guarantees are issued) and the Trustee and any agent of the Company Company, the Guarantors (if Note Guarantees are issued) and the Trustee shall treat as the Holder of such principal amount of Outstanding Securities represented by a permanent Global Security (1) in the case of a permanent Global Security in registered form, the Holder of such permanent Global Security in registered form or (2) in the case of a permanent Global Security in bearer form, Euroclear or CEDEL. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nominee.
Appears in 1 contract
Samples: Indenture (AMC Networks Inc.)
Securities Issuable in Global Form. If Securities of or within a series are issuable in global form, as specified as contemplated by Section 301, then, notwithstanding clause (8) of Section 301 and the form provisions of one or more Global SecuritiesSection 302, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee or the Security Registrar in such manner or 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 3.3 303 or 3.4304. Subject to the provisions of Section 3.3 303 and, if applicable, Section 3.4304, the Trustee or the Security Registrar 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. If a Company Order pursuant to Section 3.3 303 or 3.4 304 has been, or simultaneously is, delivered, any instructions by the Company with respect to endorsement or endorsement, delivery or redelivery of a Global Security in global form shall be in writing but need not comply with Section 1.2 102 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 303 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee or the Global Security Registrar the Security in global form together with written instructions (which need not comply with Section 1.2 102 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 sentence of Section 3.3303. Notwithstanding the provisions of Section 3.7307, unless otherwise specified as contemplated by Section 3.1301, payment of principal of (and any premium premium, if any) and interest interest, if any, on any Global Security in permanent global form shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 309 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 (1) in the case of a permanent Global Security in registered formglobal Security, the Holder of such permanent Global Security in registered form or (2) in global Security. Unless otherwise specified as contemplated by Section 301 for the case of a permanent Global Security in bearer formSecurities evidenced thereby, Euroclear or CEDEL. Any Global every global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositaryTHIS SECURITY IS A GLOBAL SECURITY WITHIN THE MEANING OF THE INDENTURE HEREINAFTER REFERRED TO AND IS REGISTERED IN THE NAME OF A DEPOSITORY OR A NOMINEE THEREOF. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the IndentureTHIS SECURITY MAY NOT BE EXCHANGED IN WHOLE OR IN PART FOR A SECURITY REGISTERED, andAND NO TRANSFER OF THIS SECURITY IN WHOLE OR IN PART MAY BE REGISTERED, unless and until it is exchanged for Securities in definitive form as aforesaidIN THE NAME OF ANY PERSON OTHER THAN SUCH DEPOSITORY OR A NOMINEE THEREOF, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nominee.EXCEPT IN THE LIMITED CIRCUMSTANCES DESCRIBED IN THE INDENTURE. ARTICLE THREE THE SECURITIES
Appears in 1 contract
Securities Issuable in Global Form. If Securities of or within a series are issuable in the form global form, as specified and contemplated by Section 3.01, then, notwithstanding clause (10) of one or more Global SecuritiesSection 3.01, any such Global Security or shall represent such of the Outstanding Securities of such series as shall be specified therein and may provide that it or they shall represent the aggregate 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 decreased to reflect exchanges. Any endorsement of any Global a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee in such manner or 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 3.3 3.03 or 3.4Section 3.04. Subject to the provisions of Section 3.3 3.03 and, if applicable, Section 3.43.04, 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. If a Company Order pursuant to Section 3.3 3.03 or 3.4 Section 3.04 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 1.2 1.02 and need not be accompanied by an Opinion of Counsel. The provisions of the last sentence of Section 3.3 3.03 shall apply to any Security represented by a Global Security in global form if such Security was never issued and sold by the Company and the Company delivers to the Trustee the Global Security in global form together with written instructions (which need not comply with Section 1.2 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 sentence of Section 3.33.03. Notwithstanding the provisions of Section 3.73.07, unless otherwise specified as contemplated by Section 3.13.01, payment of principal of (and any premium premium, if any) and interest interest, if any, on any Global Security in permanent global form shall be made to the Person or Persons specified therein. Notwithstanding the provisions of Section 3.8 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 global Security: (1i) in the case of a permanent Global global Security in registered form, the Holder of such permanent Global global Security in registered form form; or (2ii) in the case of a permanent Global global Security in bearer form, Euroclear or CEDEL. Any Global Security authenticated and delivered hereunder shall bear a legend, in addition to any other legend or legends permitted by Section 2.1, in substantially the following form: This Security is a Global Security within the meaning set forth in the Indenture hereinafter referred to and is registered in the name of a depositary or a nominee of a depositary. This Security is exchangeable for Securities registered in the name of a person other than the depositary or its nominee only in the limited circumstances described in the Indenture, and, unless and until it is exchanged for Securities in definitive form as aforesaid, may not be transferred except as a whole by the depositary to a nominee of the depositary or by a nominee of the depositary to the depositary or another nominee of the depositary or by the depositary or its nominee to a successor depositary or its nomineeDepositary.
Appears in 1 contract
Samples: Uranium Energy Corp
