Temporary Global Bonds. Bonds of Series MM offered and sold in reliance on Regulation S will be issued initially in the form of the Regulation S Temporary Global Bond, which will be deposited on behalf of the purchasers of the bonds represented thereby with the Trustee, at its St. Xxxx, Minnesota office, as custodian for the Depositary, and registered in the name of the Depositary or the nominee of the Depositary for the accounts of designated agents holding on behalf of Euroclear or Clearstream Bank, duly executed by the Company and authenticated by the Trustee as hereinafter provided. The Restricted Period will be terminated upon the receipt by the Trustee of: (1) a written certificate from the Depositary, together with copies of certificates from Euroclear and Clearstream Bank certifying that they have received certification of non-United States beneficial ownership of 100% of the aggregate principal amount of the Regulation S Temporary Global Bond (except to the extent of any beneficial owners thereof who acquired an interest therein during the Restricted Period pursuant to another exemption from registration under the Securities Act and who will take delivery of a beneficial ownership interest in a 144A Global Bond bearing a Private Placement Legend, all as contemplated by Section 11 of Article I hereof); and (2) an Officers' Certificate from the Company. Following the termination of the Restricted Period, beneficial interests in the Regulation S Temporary Global Bond will be exchanged for beneficial interests in Regulation S Permanent Global Bonds pursuant to the Applicable Procedures. Simultaneously with the authentication of Regulation S Permanent Global Bonds, the Trustee will cancel the Regulation S Temporary Global Bond. The aggregate principal amount of the Regulation S Temporary Global Bond and the Regulation S Permanent Global Bonds may from time to time be increased or decreased by adjustments made on the records of the Trustee and the Depositary or its nominee, as the case may be, in connection with transfers of interest as hereinafter provided.
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Samples: Supplemental Indenture (Peoples Energy Corp), Supplemental Indenture (Peoples Gas Light & Coke Co)
Temporary Global Bonds. Bonds of Series MM N offered and sold in reliance on Regulation S will be issued initially in the form of the Regulation S Temporary Global Bond, which will be deposited on behalf of the purchasers of the bonds represented thereby with the Trustee, at its St. Xxxx, Minnesota office, as custodian for the Depositary, and registered in the name of the Depositary or the nominee of the Depositary for the accounts of designated agents holding on behalf of Euroclear or Clearstream Bank, duly executed by the Company and authenticated by the Trustee as hereinafter provided. The Restricted Period will be terminated upon the receipt by the Trustee of:
(1) a written certificate from the Depositary, together with copies of certificates from Euroclear and Clearstream Bank certifying that they have received certification of non-United States beneficial ownership of 100% of the aggregate principal amount of the Regulation S Temporary Global Bond (except to the extent of any beneficial owners thereof who acquired an interest therein during the Restricted Period pursuant to another exemption from registration under the Securities Act and who will take delivery of a beneficial ownership interest in a 144A Global Bond bearing a Private Placement Legend, all as contemplated by Section 11 1.10 of Article I hereof); and
(2) an Officers' β Certificate from the Company. Following the termination of the Restricted Period, beneficial interests in the Regulation S Temporary Global Bond will be exchanged for beneficial interests in Regulation S Permanent Global Bonds pursuant to the Applicable Procedures. Simultaneously with the authentication of Regulation S Permanent Global Bonds, the Trustee will cancel the Regulation S Temporary Global Bond. The aggregate principal amount of the Regulation S Temporary Global Bond and the Regulation S Permanent Global Bonds may from time to time be increased or decreased by adjustments made on the records of the Trustee and the Depositary or its nominee, as the case may be, in connection with transfers of interest as hereinafter provided.
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Temporary Global Bonds. Bonds of Series MM offered and sold in reliance on Regulation S will shall be issued initially in the form of the Regulation S Temporary Global Bond, which will shall be deposited on behalf of the purchasers of the bonds Bonds represented thereby with the Trustee, at its St. Xxxx, Minnesota New York office, as custodian for the Registered Depositary, and registered in the name of the Registered Depositary or the nominee of the Registered Depositary for the accounts of designated agents holding on behalf of Euroclear or Clearstream BankCedel, duly executed by the Company Issuers and authenticated by the Trustee as hereinafter provided. The Restricted Period will shall be terminated upon the receipt by the Trustee of:
(1) of a written certificate from the Registered Depositary, together with copies of certificates from Euroclear and Clearstream Bank Cedel certifying that they have received certification of non-United nonUnited States beneficial ownership of 100% of the aggregate principal amount of the Regulation S Temporary Global Bond (except to the extent of any beneficial owners thereof who acquired an interest therein during the Restricted Period pursuant to another exemption from registration under the Securities Act and who will take delivery of a beneficial ownership interest in a 144A Global Bond or an IAI Global Bond bearing a Private Placement Legend, all as contemplated by Section 11 of Article I 2.9(a)(ii) hereof); and
(2) an Officers' Certificate from the Company. Following the termination of the Restricted Period, beneficial interests in the Regulation S Temporary Global Bond will shall be exchanged for beneficial interests in Regulation S Permanent Global Bonds pursuant to the Applicable Procedures. Simultaneously with the authentication of Regulation S Permanent Global Bonds, the Trustee will shall cancel the Regulation S Temporary Global Bond. The aggregate principal amount of the Regulation S Temporary Global Bond and the Regulation S Permanent Global Bonds may from time to time be increased or decreased by adjustments made on the records of the Trustee and the Registered Depositary or its nominee, as the case may be, in connection with transfers of interest as hereinafter provided.
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Temporary Global Bonds. Bonds of Series MM offered and sold in reliance on Regulation S will shall be issued initially in the form of the a Regulation S Temporary Global Bond, which will shall be deposited on behalf of the purchasers of the bonds Bonds represented thereby with the Trustee, at its St. Xxxx, Minnesota New York office, as custodian for the Depositary, and registered in the name of the Depositary or the nominee of the Depositary for the accounts of designated agents holding on behalf of Euroclear or Clearstream BankCedel, duly executed by the Company and authenticated by the Trustee as hereinafter provided. The Restricted Period will shall be terminated upon the receipt by the Trustee of:
of (1i) a written certificate from the Depositary, together with copies of certificates from Euroclear and Clearstream Bank Cedel certifying that they have received certification of non-United States beneficial ownership of 100% of the aggregate principal amount of the a Regulation S Temporary Global Bond (except to the extent of any beneficial owners thereof who acquired an interest therein during the Restricted Period pursuant to another exemption from registration under the Securities Act and who will take delivery of a beneficial ownership interest in a 144A Global Bond bearing a Private Placement Legend, all as contemplated by Section 11 of Article I 2.6(a)(ii) hereof); and
, and (2ii) an Officers' Officer's Certificate from the Company. Following the termination of the Restricted Period, beneficial interests in the a Regulation S Temporary Global Bond will shall be exchanged for beneficial interests in Regulation S Permanent Global Bonds pursuant to the Applicable Procedures. Simultaneously with the authentication of Regulation S Permanent Global Bonds, the Trustee will shall cancel the Regulation S Temporary Global Bond. The aggregate principal amount of the a Regulation S Temporary Global Bond and the Regulation S Permanent Global Bonds may from time to time be increased or decreased by adjustments made on the records of the Trustee and the Depositary or its nominee, as the case may be, in connection with transfers of interest as hereinafter provided.
Appears in 1 contract
Temporary Global Bonds. Bonds of Series MM NN offered and sold in reliance on Regulation S will be issued initially in the form of the Regulation S Temporary Global Bond, which will be deposited on behalf of the purchasers of the bonds represented thereby with the Trustee, at its St. Xxxx, Minnesota office, as custodian for the Depositary, and registered in the name of the Depositary or the nominee of the Depositary for the accounts of designated agents holding on behalf of Euroclear or Clearstream Bank, duly executed by the Company and authenticated by the Trustee as hereinafter provided. The Restricted Period will be terminated upon the receipt by the Trustee of:
(1) a written certificate from the Depositary, together with copies of certificates from Euroclear and Clearstream Bank certifying that they have received certification of non-United States beneficial ownership of 100% of the aggregate principal amount of the Regulation S Temporary Global Bond (except to the extent of any beneficial owners thereof who acquired an interest therein during the Restricted Period pursuant to another exemption from registration under the Securities Act and who will take delivery of a beneficial ownership interest in a 144A Global Bond bearing a Private Placement Legend, all as contemplated by Section 11 of Article I hereof); and
(2) an Officers' Certificate from the Company. Following the termination of the Restricted Period, beneficial interests in the Regulation S Temporary Global Bond will be exchanged for beneficial interests in Regulation S Permanent Global Bonds pursuant to the Applicable Procedures. Simultaneously with the authentication of Regulation S Permanent Global Bonds, the Trustee will cancel the Regulation S Temporary Global Bond. The aggregate principal amount of the Regulation S Temporary Global Bond and the Regulation S Permanent Global Bonds may from time to time be increased or decreased by adjustments made on the records of the Trustee and the Depositary or its nominee, as the case may be, in connection with transfers of interest as hereinafter provided.
Appears in 1 contract
Temporary Global Bonds. Bonds of Series MM N offered and sold in reliance on Regulation S will be issued initially in the form of the Regulation S Temporary Global Bond, which will be deposited on behalf of the purchasers of the bonds represented thereby with the Trustee, at its St. Xxxx, Minnesota office, as custodian for the Depositary, and registered in the name of the Depositary or the nominee of the Depositary for the accounts of designated agents holding on behalf of Euroclear or Clearstream Bank, duly executed by the Company and authenticated by the Trustee as hereinafter provided. The Restricted Period will be terminated upon the receipt by the Trustee of:
(1) a written certificate from the Depositary, together with copies of certificates from Euroclear and Clearstream Bank certifying that they have received certification of non-United States beneficial ownership of 100% of the aggregate principal amount of the Regulation S Temporary Global Bond (except to the extent of any beneficial owners thereof who acquired an interest therein during the Restricted Period pursuant to another exemption from registration under the Securities Act and who will take delivery of a beneficial ownership interest in a 144A Global Bond bearing a Private Placement Legend, all as contemplated by Section 11 1.10 of Article I hereof); and
(2) an Officers' Certificate from the Company. Following the termination of the Restricted Period, beneficial interests in the Regulation S Temporary Global Bond will be exchanged for beneficial interests in Regulation S Permanent Global Bonds pursuant to the Applicable Procedures. Simultaneously with the authentication of Regulation S Permanent Global Bonds, the Trustee will cancel the Regulation S Temporary Global Bond. The aggregate principal amount of the Regulation S Temporary Global Bond and the Regulation S Permanent Global Bonds may from time to time be increased or decreased by adjustments made on the records of the Trustee and the Depositary or its nominee, as the case may be, in connection with transfers of interest as hereinafter provided.
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Temporary Global Bonds. Bonds of Series MM offered and sold in reliance on Regulation S will shall be issued initially in the form of the Regulation S Temporary Global Bond, which will shall be deposited on behalf of the purchasers of the bonds Bonds represented thereby with the Trustee, at its St. Xxxx, Minnesota New York office, as custodian for the Depositary, and registered in the name of the Depositary or the nominee of the Depositary for the accounts of designated agents holding on behalf of Euroclear or Clearstream Cedel Bank, duly executed by the Company and authenticated by the Trustee as hereinafter provided. The Restricted Period will shall be terminated upon the receipt by the Trustee of:
of (1i) a written certificate from the Depositary, together with copies of certificates from Euroclear and Clearstream Cedel Bank certifying that they have received certification of non-United States beneficial ownership of 100% of the aggregate principal amount of the Regulation S Temporary Global Bond (except to the extent of any beneficial owners thereof who acquired an interest therein during the Restricted Period pursuant to another exemption from registration under the Securities Act and who will take delivery of a beneficial ownership interest in a 144A Global Bond bearing a Private Placement Legend, all as contemplated by Section 11 of Article I 2.06(a)(ii) hereof); and
, and (2ii) an Officers' Certificate from the CompanyCompany to the effect that such Restricted Period has ended. Following the termination of the Restricted Period, beneficial interests in the Regulation S Temporary Global Bond will shall be exchanged for beneficial interests in Regulation S Permanent Global Bonds pursuant to the Applicable Procedures. Simultaneously with the authentication of Regulation S Permanent Global Bonds, the Trustee will shall cancel the Regulation S Temporary Global Bond. The aggregate principal amount of the Regulation S Temporary Global Bond and the Regulation S Permanent Global Bonds may from time to time be increased or decreased by adjustments made on the records of the Trustee and the Depositary or its nominee, as the case may be, in connection with transfers of interest as hereinafter provided.
Appears in 1 contract
Samples: Indenture (Northeast Energy Lp)