Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities registered in the names of Holders other than the Depository for such Security or its nominee only if (i) such Depository notifies the Company that it is unwilling or unable to continue as Depository for such Global Security or if at any time such Depository ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository within 90 days of such event, (ii) the Company executes and delivers to the Trustee an Officers' Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, a Global Security may not be transferred except as a whole by the Depository with respect to such Global Security to a nominee of such Depository, by a nominee of such Depository to such Depository or another nominee of such Depository or by the Depository or any such nominee to a successor Depository or a nominee of such a successor Depository.
Appears in 34 contracts
Samples: Subordinated Indenture (Imperial Eagle Shipping LLC), Indenture (Star Cosmo Llc.), Indenture (Canyon I Navigation Corp.)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (i) such Depository Depositary notifies the Company that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository Depositary registered as a clearing agency under the Exchange Act within 90 days of such event, event or (ii) the Company executes and delivers to the Trustee an Officers' Officer’s Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuingexchangeable. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 22 contracts
Samples: Indenture (Smart Sand, Inc.), Indenture (Precision Biosciences Inc), Indenture (AgroFresh Solutions, Inc.)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities registered in the names of Holders other than the Depository for such Security or its nominee only if (i) such Depository notifies the Company that it is unwilling or unable to continue as Depository for such Global Security or if at any time such Depository ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository within 90 days of such event, (ii) the Company executes and delivers to the Trustee an Officers' ’ Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, a Global Security may not be transferred except as a whole by the Depository with respect to such Global Security to a nominee of such Depository, by a nominee of such Depository to such Depository or another nominee of such Depository or by the Depository or any such nominee to a successor Depository or a nominee of such a successor Depository.
Appears in 12 contracts
Samples: Indenture (China Natural Resources Inc), Indenture (Spectrum Pharmaceuticals Inc), Indenture (GTT Communications, Inc.)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 2.07 of the this Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 2.07 of the this Indenture for Securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (i) such Depository Depositary notifies the Company Issuer that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company Issuer fails to appoint a successor Depository Depositary within 90 days of such event, (ii) the Company Issuer executes and delivers to the Trustee an Officers' ’ Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, 2.14(b) a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 10 contracts
Samples: Agency Agreement (Booking Holdings Inc.), Agency Agreement (Booking Holdings Inc.), Agency Agreement (Booking Holdings Inc.)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities registered in the names of Holders other than the Depository for such Security or its nominee only if (i) such Depository notifies the Company that it is unwilling or unable to continue as Depository for such Global Security or if at any time such Depository ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository registered as a clearing agency under the Exchange Act within 90 days of such event, (ii) the Company executes and delivers to the Trustee an Officers' ’ Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.22.14(b), a Global Security may not be transferred except as a whole by the Depository with respect to such Global Security to a nominee of such Depository, by a nominee of such Depository to such Depository or another nominee of such Depository or by the Depository or any such nominee to a successor Depository or a nominee of such a successor Depository.
Appears in 10 contracts
Samples: Subordinated Indenture (Mercantile Bank Corp), Subordinated Debt Securities Indenture (First Guaranty Bancshares, Inc.), Indenture (First Guaranty Bancshares, Inc.)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 2.06 of the this Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 2.06 of the this Indenture for Securities securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (i) such Depository Depositary notifies the Company that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository Depositary within 90 days of such event, ; or (ii) the Company executes and delivers to the Trustee an Officers' ’ Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuingexchangeable. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2paragraph (b) of this Section, a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary, or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 9 contracts
Samples: Indenture (Opko Health, Inc.), Indenture (Opko Health, Inc.), Indenture (Marinemax Inc)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 2.06 of the this Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 2.06 of the this Indenture for Securities securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (i) such Depository Depositary notifies the Company that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository Depositary within 90 days of such event, event or (ii) the Company executes and delivers to the Trustee an Officers' Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuingexchangeable. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2paragraph (b) of this Section, a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 9 contracts
Samples: Indenture (Guitar Center Inc), Indenture (Libbey Inc), Indenture (Owens Illinois Inc /De/)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 2.07 of the this Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 2.07 of the this Indenture for Securities registered in the names of Holders other than the Depository for such Security or its nominee only if (i) such Depository notifies the Company Issuer that it is unwilling or unable to continue as Depository for such Global Security or if at any time such Depository ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company Issuer fails to appoint a successor Depository registered as a clearing agency under the Exchange Act within 90 ninety (90) days of such event, (ii) the Company Issuer executes and delivers to the Trustee an Officers' ’ Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.22.14(b), a Global Security may not be transferred except as a whole by the Depository with respect to such Global Security to a nominee of such Depository, by a nominee of such Depository to such Depository or another nominee of such Depository or by the Depository or any such nominee to a successor Depository or a nominee of such a successor Depository.
Appears in 9 contracts
Samples: Indenture (Transwitch Corp /De), Indenture (Transwitch Corp /De), Indenture (Vantage Drilling (Malaysia) I Sdn. Bhd.)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (ia) such Depository Depositary notifies the Company Issuers that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails Issuers fail to appoint a successor Depository Depositary registered as a clearing agency under the Exchange Act within 90 days of such event, or (iib) the Company executes Issuers execute and delivers deliver to the Trustee an Officers' Officer’s Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuingexchangeable. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 7 contracts
Samples: Indenture (Landmark Infrastructure Finance Corp.), Indenture (USDP Finance Corp.), Indenture (LD Acquisition Co 7 LLC)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (i) such Depository Depositary notifies the Company that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository Depositary within 90 days of such event, (ii) the Company executes and delivers to the Trustee an Officers' ’ Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 7 contracts
Samples: Indenture (electroCore, Inc.), Indenture (electroCore, Inc.), Indenture (STR Holdings, Inc.)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities registered in the names of Holders other than the Depository for such Security or its nominee only if (i) such Depository notifies the Company that it is unwilling or unable to continue as Depository for such Global Security or if at any time such Depository ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository within 90 days of such event, (ii) the Company executes and delivers to the Trustee an Officers' ’ Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, a Global Security may not be transferred except as a whole by the Depository with respect to such Global Security to a nominee of such Depository, by a nominee of such Depository to such Depository or another nominee of such Depository or by the Depository or any such nominee to a successor Depository or a nominee of such a successor Depository.
Appears in 6 contracts
Samples: Indenture (Rainmaker Systems Inc), Indenture (Rainmaker Systems Inc), Indenture (Fairpoint Communications Inc)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 2.8 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 2.8 of the Indenture for Securities registered in the names of Holders other than the Depository for such Security or its nominee only if (i) such Depository notifies the Company that it is unwilling or unable to continue as Depository for such Global Security or if at any time such Depository ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository within 90 days of such event, (ii) the Company executes and delivers to the Trustee an Officers' Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.22.15.2, a Global Security may not be transferred except as a whole by the Depository with respect to such Global Security to a nominee of such Depository, by a nominee of such Depository to such Depository or another nominee of such Depository or by the Depository or any such nominee to a successor Depository or a nominee of such a successor Depository.
Appears in 6 contracts
Samples: Indenture (Gray Communications Systems Inc /Ga/), Indenture (Kramont Realty Trust), Indenture (Kramont Realty Trust)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (ia) such Depository Depositary notifies the Company that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository Depositary registered as a clearing agency under the Exchange Act within 90 days of such event, event or (iib) the Company executes and delivers to the Trustee an Officers' Officer’s Certificate to the effect stating that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuingexchangeable. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 4 contracts
Samples: Indenture (NLCP Operating Partnership Lp), Indenture (STAG Industrial Operating Partnership, L.P.), Indenture (Iip-Co 3 LLC)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 2.06 of the this Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 2.06 of the this Indenture for Securities securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (i) such Depository Depositary notifies the Company that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository Depositary within 90 days of such event, event or (ii) the Company executes and delivers to the Trustee an Officers' ’ Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuingexchangeable. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2paragraph (b) of this Section, a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary, or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 4 contracts
Samples: Indenture (Carbonite Inc), Indenture (Carbonite Inc), Indenture (Roadrunner Transportation Systems, Inc.)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 2.06 of the this Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 2.06 of the this Indenture for Securities securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (i) such Depository Depositary notifies the Company Issuer that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company Issuer fails to appoint a successor Depository Depositary within 90 days of such event, event or (ii) the Company Issuer executes and delivers to the Trustee an Officers' ’ Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuingexchangeable. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2paragraph (b) of this Section, a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 4 contracts
Samples: Indenture (Meritage Homes CORP), Indenture (Meritage Homes of North Carolina, Inc.), Indenture (Meritage Homes of Texas Holding, Inc.)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities registered in the names of Holders other than the Depository for such Security or its nominee only if (ia) such Depository notifies the Company that it is unwilling or unable to continue as Depository for such Global Security or if at any time such Depository ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository registered as a clearing agency under the Exchange Act within 90 days of such event, event or (iib) the Company executes and delivers to the Trustee an Officers' ’ Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuingexchangeable. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, a Global Security may not be transferred except as a whole by the Depository with respect to such Global Security to a nominee of such Depository, by a nominee of such Depository to such Depository or another nominee of such Depository or by the Depository or any such nominee to a successor Depository or a nominee of such a successor Depository.
Appears in 4 contracts
Samples: Indenture (Bryn Mawr Bank Corp), Indenture (Digital Realty Trust, L.P.), Indenture (Digital Realty Trust, L.P.)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 2.06 of the this Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 2.06 of the this Indenture for Securities securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (i) such Depository Depositary notifies the Company that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository Depositary within 90 days of such event, event or (ii) the Company executes and delivers to the Trustee an Officers' ’ Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuingexchangeable. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2paragraph (b) of this Section, a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 4 contracts
Samples: Indenture (TTM Technologies Inc), Indenture (United Defense Lp), Indenture (Shared Communication Systems, Inc.)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities registered in the names of Holders other than the Depository for such Security or its nominee only if (i) such Depository notifies the Company that it is unwilling or unable to continue as Depository for such Global Security or if at any time such Depository ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository within 90 days of such event, (ii) the Company executes and delivers to the Trustee an Officers' Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.22.15.2, a Global Security may not be transferred except as a whole by the Depository with respect to such Global Security to a nominee of such Depository, by a nominee of such Depository to such Depository or another nominee of such Depository or by the Depository or any such nominee to a successor Depository or a nominee of such a successor Depository.
Appears in 3 contracts
Samples: Subordinated Indenture (Iron Mountain Inc/Pa), Subordinated Indenture (Province Healthcare Co), Subordinated Indenture (Iron Mountain Inc/Pa)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the Indenture and in addition thereto, any Global Security held by a Depository in the United States shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities registered in the names of Holders other than the Depository for such Security or its nominee only if (i) such Depository notifies the Company that it is unwilling or unable to continue as Depository for such Global Security or if at any time such Depository ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository within 90 days of such event, (ii) the Company executes and delivers to the Trustee an Officers' Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, a Global Security held by a Depository in the United States may not be transferred except as a whole by the Depository with respect to such Global Security to a nominee of such Depository, by a nominee of such Depository to such Depository or another nominee of such Depository or by the Depository or any such nominee to a successor Depository or a nominee of such a successor Depository.
Appears in 3 contracts
Samples: Indenture (Wallace Computer Services Inc), Indenture (Abc Naco Inc), Indenture (Idex Corp /De/)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 2.6 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 2.6 of the Indenture for Securities registered in the names of Holders other than the Depository for such Security or its nominee only if (i) such Depository notifies the Company that it is unwilling or unable to continue as Depository for such Global Security or if at any time such Depository ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository within 90 days of such event, (ii) the Company executes and delivers to the Trustee an Officers' ’ Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.22.13.2, a Global Security may not be transferred except as a whole by the Depository with respect to such Global Security to a nominee of such Depository, by a nominee of such Depository to such Depository or another nominee of such Depository or by the Depository or any such nominee to a successor Depository or a nominee of such a successor Depository.
Appears in 3 contracts
Samples: Indenture (Genta Inc De/), Indenture (Genta Inc De/), Indenture (Genta Inc De/)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 2.07 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities of the Series with respect to which such Global Security was issued registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (i) such Depository Depositary notifies the Company that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository Depositary within 90 days of such event, (ii) the Company executes and delivers to the Trustee an Officers' Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.22.14(b), a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 3 contracts
Samples: Indenture (CCA Western Properties, Inc.), Indenture (Corrections Corp of America), Indenture (Corrections Corp of America)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 2.07 of the this Indenture and in addition thereto, any Global Security shall will be exchangeable pursuant to Section 2.7 2.07 of the this Indenture for Securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (i) such Depository Depositary notifies the Company that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository Depositary registered as a clearing agency under the Exchange Act within 90 days of such event, event or (ii) the Company executes and delivers to the Trustee an Officers' ’ Certificate to the effect that such Global Security shall will be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuingexchangeable. Any Global Security that is exchangeable pursuant to the preceding sentence shall will be exchangeable for Securities registered in such names as the Depository shall Depositary will direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.22.14(b), a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 3 contracts
Samples: Indenture (Metropcs Communications Inc), Indenture (MetroPCS Finance, Inc.), Indenture (MetroPCS Finance, Inc.)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the Indenture 7.9 and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture 7.9 for Preferred Securities registered in the names of Holders other than the Depository Depositary for such Preferred Security or its nominee only if (i) such Depository Depositary notifies the Company Trust that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company Trust fails to appoint a successor Depository Depositary within 90 days of such event, (ii) the Company Trust executes and delivers to the Property Trustee an Officers' Certificate to the effect that such Global Security shall be so exchangeable exchangeable, or (iii) an a Trust Enforcement Event of Default with respect to the Preferred Securities represented by such Global Security shall have happened and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Preferred Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal liquidation amount equal to the principal liquidation amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.27.16.2, a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 3 contracts
Samples: Trust Agreement (Fonovisa Inc), Trust Agreement (Disney Capital Trust Iii), Trust Agreement (Disney Capital Trust I)
Transfer and Exchange. Notwithstanding any provisions to the --------------------- contrary contained in Section 2.7 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities registered in the names of Holders other than the Depository for such Security or its nominee only if (i) such Depository notifies the Company that it is unwilling or unable to continue as Depository for such Global Security or if at any time such Depository ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository within 90 days of such event, (ii) the Company executes and delivers to the Trustee an Officers' Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, a Global Security may not be transferred except as a whole by the Depository with respect to such Global Security to a nominee of such Depository, by a nominee of such Depository to such Depository or another nominee of such Depository or by the Depository or any such nominee to a successor Depository or a nominee of such a successor Depository.
Appears in 2 contracts
Samples: Indenture (Advanced Micro Devices Inc), Indenture (Sunburst Hospitality Corp)
Transfer and Exchange. Notwithstanding any provisions to the --------------------- contrary contained in Section 2.7 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities securities registered in the names of Holders other than the Depository for such Security or its nominee only if (i) such Depository notifies the Company that it is unwilling or unable to continue as Depository for such Global Security or if at any time such Depository ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository within 90 days of such event, (ii) the Company executes and delivers to the Trustee an Officers' Certificate to the effect that such Global Security shall be so exchangeable or (iii) an event shall have happened and be continuing which is or after notice or lapse of time or both, would be, an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuingSecurity. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, a Global Security may not be transferred except as a whole by the Depository with respect to such Global Security to a nominee of such Depository, by a nominee of such Depository to such Depository or another nominee of such Depository or by the Depository or any such nominee to a successor Depository or a nominee of such a successor Depository.
Appears in 2 contracts
Samples: Indenture (Mattel Inc /De/), Indenture (Mattel Inc /De/)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 2.07 of the this Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 2.07 of the this Indenture for Securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (i) such Depository Depositary notifies the Company that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository Depositary registered as a clearing agency under the Exchange Act within 90 ninety (90) days of such event, (ii) the Company executes and delivers to the Trustee an Officers' ’ Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.22.14(b), a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 2 contracts
Samples: Indenture (Vantage Drilling CO), Indenture (Vantage Drilling CO)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 2.06 of the this Indenture and in addition theretoto Section 2.06, any Global Security shall be exchangeable pursuant to Section 2.7 2.06 of the this Indenture for Securities securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if if: (i) such Depository Depositary notifies the Company that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository Depositary within 90 days of such event, ; or (ii) the Company executes and delivers to the Trustee an Officers' ’ Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuingexchangeable. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2paragraph (b) of this Section, a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary, or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 2 contracts
Samples: Indenture (Surgalign Holdings, Inc.), Indenture (RTI Surgical Holdings, Inc.)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if if
(i1) such Depository notifies the Company delivers to the Trustee notice from the Depositary that it is unwilling or unable to continue to act as Depository for such Global Security Depositary or if at any time such Depository ceases to be that it is no longer a clearing agency registered under the Exchange Act, Act and, in either case, a successor Depositary is not appointed by the Company fails to appoint a successor Depository within 90 120 days after the date of such event, notice from the Depositary; or
(ii2) the Company executes upon request by any Holder of Securities of any Series if there has occurred and delivers to the Trustee an Officers' Certificate to the effect that such Global Security shall be so exchangeable or (iii) is continuing an Event of Default with respect to the Securities represented by of such Global Security shall have happened and be continuingSeries. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 2 contracts
Samples: Indenture (Paramount Resources LTD), Indenture (Paramount Resources LTD)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the Indenture 2.07 and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture 2.07 for Securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if if:
(i) such Depository Depositary notifies the Company that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, and in either case, the Company fails to appoint a successor Depository Depositary within 90 days of such event, ;
(ii) the Company executes and delivers to the Trustee an Officers' Certificate to the effect that such Global Security shall be so exchangeable or exchangeable; or
(iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.22.14(b), a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 2 contracts
Samples: Indenture (American Real Estate Finance Corp.), Indenture (American Real Estate Finance Corp.)
Transfer and Exchange. Notwithstanding any provisions to the --------------------- contrary contained in Section 2.7 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities securities registered in the names of Holders other than the Depository for such Security or its nominee only if (i) such Depository notifies the Company that it is unwilling or unable to continue as Depository for such Global Security or if at any time such Depository ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository within 90 days of such event, (ii) the Company executes and delivers to the Trustee an Officers' Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, a Global Security may not be transferred except as a whole by the Depository with respect to such Global Security to a nominee of such Depository, by a nominee of such Depository to such Depository or another nominee of such Depository or by the Depository or any such nominee to a successor Depository or a nominee of such a successor Depository.
Appears in 2 contracts
Samples: Indenture (Nike Inc), Indenture (Nike Inc)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 2.07 of the this Indenture and in addition thereto, and unless otherwise provided for a particular Series of Securities by a resolution of the Board of Directors, a supplemental indenture or an Officers’ Certificate, any Global Security shall be exchangeable pursuant to Section 2.7 2.07 of the this Indenture for Securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (i) such Depository Depositary notifies the Company that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a “clearing agency agency” registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository Depositary within 90 120 days of such event, (ii) the Company executes and delivers to in its sole discretion notifies the Trustee an Officers' Certificate to the effect in writing that such Global Security shall be so exchangeable or (iii) the Depositary so requests, or any beneficial owner thereof requests such exchange in writing delivered through the Depositary, in either case, if an Event of Default with respect to the Securities represented by such Global Security shall have happened occurred and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, a Global Security may not be transferred except as a whole by the Depository with respect to such Global Security to a nominee of such Depository, by a nominee of such Depository to such Depository or another nominee of such Depository or by the Depository or any such nominee to a successor Depository or a nominee of such a successor Depository.
Appears in 2 contracts
Samples: Indenture (Goodyear Tire & Rubber Co /Oh/), Indenture (Goodyear Export Inc.)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the this Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the this Indenture for Securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (i) such Depository Depositary notifies the Company that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository Depositary registered as a clearing agency under the Exchange Act within 90 days of such event, event or (ii) the Company executes and delivers to the Trustee an Officers' ’ Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuingexchangeable. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 2 contracts
Samples: Indenture (Leap Wireless International Inc), Indenture (Leap Wireless International Inc)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the this Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the this Indenture for Securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (ia) such Depository Depositary notifies the Company that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository Depositary registered as a clearing agency under the Exchange Act within 90 days of such event, event or (iib) the Company executes and delivers to the Trustee an Officers' Officer’s Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuingexchangeable. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 2 contracts
Samples: Indenture (Transenterix, Inc.), Indenture (Rentech Inc /Co/)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 2.06 of the this Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 2.06 of the this Indenture for Securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (i) such Depository Depositary notifies the Company that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository Depositary within 90 days of such event, event or (ii) the Company executes and delivers to the Trustee an Officers' Officers Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuingexchangeable. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2paragraph (b) of this Section, a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 2 contracts
Samples: Indenture (Golden Star Resources LTD), Indenture (Golden Star Resources LTD)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities registered in the names of Holders other than the Depository for such Security or its nominee only if (i) such Depository notifies the Company Issuers that it is unwilling or unable to continue as Depository for such Global Security or if at any time such Depository ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails Issuers fail to appoint a successor Depository within 90 days of such event, (ii) the Company executes Issuers execute and delivers deliver to the Trustee an Officers' ’ Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, a Global Security may not be transferred except as a whole by the Depository with respect to such Global Security to a nominee of such Depository, by a nominee of such Depository to such Depository or another nominee of such Depository or by the Depository or any such nominee to a successor Depository or a nominee of such a successor Depository.
Appears in 2 contracts
Samples: Indenture (Omnicom Group Inc), Indenture (Omnicom Group Inc)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities registered in the names of Holders other than the Depository for such Security or its nominee only if (i) such Depository notifies the Company that it is unwilling or unable to continue as Depository for such Global Security or if at any time such Depository ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository within 90 120 days after the date of such eventnotice from the Depositary, or (ii) the Company executes and delivers to the Trustee an Officers' Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuingexchangeable. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, a Global Security may not be transferred except as a whole by the Depository with respect to such Global Security to a nominee of such Depository, by a nominee of such Depository to such Depository or another nominee of such Depository or by the Depository or any such nominee to a successor Depository or a nominee of such a successor Depository.
Appears in 2 contracts
Samples: Indenture (Minter-Weisman Co), Indenture (Fleming Companies Inc /Ok/)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 2.07 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 2.07 of the Indenture for Securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (i) such Depository Depositary notifies the Company that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository Depositary within 90 days of such event, (ii) the Company executes and delivers to the Trustee an Officers' Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, 2.14(b) a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 2 contracts
Samples: Indenture (Lucent Technologies Inc), Indenture (CFM v R Tesco Inc)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the this Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the this Indenture for Securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (i) such Depository Depositary notifies the Company that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository Depositary registered as a clearing agency under the Exchange Act within 90 days of such event, event or (ii) the Company executes and delivers to the Trustee an Officers' Officer’s Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuingexchangeable. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 2 contracts
Samples: Indenture (ExOne KK), Indenture (MWT - Gesellschaft Fur Industrielle Mikrowellentechnik mbH)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 2.06 of the this Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 2.06 of the this Indenture for Securities securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if if: (i) such Depository Depositary notifies the Company that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository Depositary within 90 days of such event, ; or (ii) the Company executes and delivers to the Trustee an Officers' ’ Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuingexchangeable. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2paragraph (b) of this Section, a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary, or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 2 contracts
Samples: Indenture (Marinemax Inc), Indenture (Marinemax Inc)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities registered in the names of Holders other than the Depository for such Security or its nominee only if (i) such Depository notifies the Company that it is unwilling or unable to continue as Depository for such Global Security or if at any time such Depository ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository within 90 days of such event, (ii) the Company executes and delivers to the Trustee an Officers' Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2Subsection 2.14(b, a Global Security may not be transferred except as a whole by the Depository with respect to such Global Security to a nominee of such Depository, by a nominee of such Depository to such Depository or another nominee of such Depository or by the Depository or any such nominee to a successor Depository or a nominee of such a successor Depository.
Appears in 2 contracts
Samples: Indenture (Atrix Laboratories Inc), Indenture (Atrix Laboratories Inc)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities securities registered in the names of Holders other than the Depository for such Security or its nominee only if (i) such Depository notifies the Company that it is unwilling or unable to continue as Depository for such Global Security or if at any time such Depository ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository within 90 days of such event, (ii) the Company executes and delivers to the Trustee an Officers' Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, a Global Security may not be transferred except as a whole by the Depository with respect to such Global Security to a nominee of such Depository, by a nominee of such Depository to such Depository or another nominee of such Depository or by the Depository or any such nominee to a successor Depository or a nominee of such a successor Depository.
Appears in 1 contract
Samples: Indenture (Safeway Inc)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 2.08 of the this Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 2.08 of the this Indenture for Securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (i) such Depository Depositary notifies the Company that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository Depositary within 90 days of such event, (ii) the Company executes and delivers to the Trustee an Officers' ’ Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened occurred and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.22.15(b), a Global Security may not only be transferred except as a in whole but not in part (i) by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, (ii) by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or (iii) by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 1 contract
Samples: Indenture (Advance Auto Parts Inc)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the this Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the this Indenture for Securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (i) such Depository Depositary notifies the Company that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository Depositary registered as a clearing agency under the Exchange Act within 90 days of such event, event or (ii) the Company executes and delivers to the Trustee an Officers' Officer’s Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuingexchangeable. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 1 contract
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (ia) such Depository Depositary notifies the Company Issuer that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails Issuer fail to appoint a successor Depository Depositary registered as a clearing agency under the Exchange Act within 90 days of such event, or (iib) the Company executes Issuer execute and delivers deliver to the Trustee an Officers' Officer’s Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuingexchangeable. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 1 contract
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (ia) such Depository Depositary notifies the Company that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository Depositary registered as a clearing agency under the Exchange Act within 90 days of such event, event or (iib) the Company executes and delivers to the Trustee an Officers' Officer’s Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuingexchangeable. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 1 contract
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities registered in the names of Holders other than the Depository for such Security or its nominee only if (ia) such Depository notifies the Company that it is unwilling or unable to continue as Depository for such Global Security or if at any time such Depository ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository registered as a clearing agency under the Exchange Act within 90 days of such event, event or (iib) the Company executes and delivers to the Trustee an Officers' Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuingexchangeable. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, a Global Security may not be transferred except as a whole by the Depository with respect to such Global Security to a nominee of such Depository, by a nominee of such Depository to such Depository or another nominee of such Depository or by the Depository or any such nominee to a successor Depository or a nominee of such a successor Depository. Neither the Trustee nor any Agent shall have any responsibility or liability for any actions taken or not taken by the Depository.
Appears in 1 contract
Samples: Indenture (Tivo Inc)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (ia) such Depository Depositary notifies the Company that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository Depositary registered as a clearing agency under the Exchange Act within 90 days of such event, event or (iib) the Company executes and delivers to the Trustee an Officers' ’ Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuingexchangeable. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 1 contract
Samples: Indenture (Angel Oak Mortgage Operating Partnership, LP)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (ia) such Depository Depositary notifies the Company Issuer that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company Issuer fails to appoint a successor Depository Depositary registered as a clearing agency under the Exchange Act within 90 days of such event, or (iib) the Company Issuer executes and delivers to the Trustee an Officers' Officer’s Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuingexchangeable. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 1 contract
Samples: Indenture (Phillips 66 Partners Lp)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities registered in the names of Holders other than the Depository for such Security or its nominee only if if: (i) such Depository notifies the Company that it is unwilling or unable to continue as Depository for such Global Security or if at any time such Depository ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository within 90 days of such event, ; (ii) the Company executes and delivers to the Trustee an Officers' Certificate to the effect that such Global Security shall be so exchangeable exchangeable; or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, a Global Security may not be transferred except as a whole by the Depository with respect to such Global Security to a nominee of such Depository, by a nominee of such Depository to such Depository or another nominee of such Depository or by 11 the Depository or any such nominee to a successor Depository or a nominee of such a successor Depository.
Appears in 1 contract
Samples: Indenture (Host Marriott Corp/Md)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities registered in the names of Holders other than the Depository for such Security or its nominee only if (ia) such Depository notifies the Company Issuers that it is unwilling or unable to continue as Depository for such Global Security or if at any time such Depository ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails Issuers fail to appoint a successor Depository registered as a clearing agency under the Exchange Act within 90 days of such event, event or (iib) the Company executes Issuers execute and delivers deliver to the Trustee an Officers' ’ Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuingexchangeable. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, a Global Security may not be transferred except as a whole by the Depository with respect to such Global Security to a nominee of such Depository, by a nominee of such Depository to such Depository or another nominee of such Depository or by the Depository or any such nominee to a successor Depository or a nominee of such a successor Depository.
Appears in 1 contract
Samples: Indenture (CSL National, LP)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities registered in the names of Holders other than the Depository for such Security or its nominee only if (i) such Depository notifies the Company that it is unwilling or unable to continue as Depository for such Global Security or if at any time such Depository ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository registered as a clearing agency under the Exchange Act within 90 days of such event, (ii) the Company executes and delivers to the Trustee an Officers' Officer’s Certificate to the effect that such Global Security shall be so exchangeable (subject to the procedures of the Depository) or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.22.15(b), a Global Security may not be transferred except as a whole by the Depository with respect to such Global Security to a nominee of such Depository, by a nominee of such Depository to such Depository or another nominee of such Depository or by the Depository or any such nominee to a successor Depository or a nominee of such a successor Depository.
Appears in 1 contract
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 2.07 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 2.07 of the Indenture for Securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (i) such Depository Depositary notifies the Company that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository Depositary registered as a clearing agency under the Exchange Act within 90 ninety (90) days of such event, event or (ii) the Company executes and delivers to the Trustee an Officers' Officer’s Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuingexchangeable. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.22.14(B), a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 1 contract
Samples: Indenture (Shift Technologies, Inc.)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 2.07 of the this Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 2.07 of the this Indenture for Securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (i) such Depository Depositary notifies the Company that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository Depositary within 90 ninety (90) days of such event, (ii) the Company executes and delivers to the Trustee an Officers' ’ Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, 2.14(b) a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 1 contract
Samples: Indenture (Roadrunner Transportation Systems, Inc.)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the Indenture 2.07 and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture 2.07 for Securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if if:
(i) such Depository Depositary notifies the Company Partnership that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, and in either case, the Company Partnership fails to appoint a successor Depository Depositary within 90 days of such event, ;
(ii) the Company Partnership executes and delivers to the Trustee an Officers' ’ Certificate to the effect that such Global Security shall be so exchangeable or exchangeable; or
(iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.22.14(b), a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 1 contract
Samples: Indenture (America First Multifamily Investors, L.P.)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (ia) such Depository Depositary notifies the Company Issuer that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company Issuer fails to appoint a successor Depository Depositary registered as a clearing agency under the Exchange Act within 90 days of such event, or (iib) the Company Issuer executes and delivers to the Trustee an Officers' Officer’s Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuingexchangeable. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. HN\1276805.5 Except as provided in this Section 2.14.2, a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 1 contract
Samples: Indenture (Phillips 66 Partners Lp)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (ia) such Depository Depositary notifies the Company Issuers that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails Issuers fail to appoint a successor Depository Depositary registered as a clearing agency under the Exchange Act within 90 days of such event, event or (iib) the Company executes Issuers execute and delivers deliver to the Trustee an Officers' Officer’s Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuingexchangeable. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 1 contract
Samples: Indenture (Sunoco, LLC)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (i) such Depository Depositary notifies the Company that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository Depositary registered as a clearing agency under the Exchange Act within 90 days of such event, event or (ii) the Company executes and delivers to the Trustee an Officers' Officer’s Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuingexchangeable. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository US-DOCS\127109820.2 Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 1 contract
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the Indenture 7.9 and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture 7.9 for Preferred Securities registered in the names of Holders other than the Depository Depositary for such Preferred Security or its nominee only if (i) such Depository Depositary notifies the Company Trust that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company Trust fails to appoint a successor Depository Depositary within 90 days of such event, (ii) the Company Trust executes and delivers to the Property Trustee an Officers' Certificate to the effect that such Global Security shall be so exchangeable or (iii) an a Trust Enforcement Event of Default with respect to the Preferred Securities represented by such Global Security shall have happened and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Preferred Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal liquidation amount equal to the principal liquidation amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.27.16.2, a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 1 contract
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the this Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the this Indenture for Securities registered in the names of Holders other than the Depository for such Security or its nominee only if (i) such Depository notifies the Company that it is unwilling or unable to continue as Depository for such Global Security or if at any time such Depository ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository within 90 days of such event, (ii) the Company executes and delivers to the Trustee an Officers' Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.22.15.2, a Global Security may not be transferred except as a whole by the Depository with respect to such Global Security to a nominee of such Depository, by a nominee of such Depository to such Depository or another nominee of such Depository or by the Depository or any such nominee to a successor Depository or a nominee of such a successor Depository.
Appears in 1 contract
Transfer and Exchange. Notwithstanding any provisions to the contrary --------------------- contained in Section 2.7 2.07 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 2.07 of the Indenture for Securities registered in the names of Holders other than the Depository for such Security or its nominee only if (i) such Depository notifies the Company that it is unwilling or unable to continue as Depository for such Global Security or if at any time such Depository ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository within 90 days of such event, (ii) the Company executes and delivers to the Trustee an Officers' Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, 2.14(2) a Global Security may not be transferred except as a whole by the Depository with respect to such Global Security to a nominee of such Depository, by a nominee of such Depository to such Depository or another nominee of such Depository or by the Depository or any such nominee to a successor Depository or a nominee of such a successor Depository.
Appears in 1 contract
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 2.07 of the this Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 2.07 of the this Indenture for Securities registered in the names of Holders other than the Depository for such Security or its nominee only if (i) such Depository notifies the Company Issuers that it is unwilling or unable to continue as Depository for such Global Security or if at any time such Depository ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails Issuers fail to appoint a successor Depository within 90 days of such event, (ii) the Company executes Issuers execute and delivers deliver to the Trustee an Officers' Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, 2.14(b) a Global Security may not be transferred except as a whole by the Depository with respect to such Global Security to a nominee of such Depository, by a nominee of such Depository to such Depository or another nominee of such Depository or by the Depository or any such nominee to a successor Depository or a nominee of such a successor Depository.
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Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 2.07 of the Indenture and in addition thereto, any Registered Global Security shall be exchangeable pursuant to Section 2.7 2.07 of the Indenture for Securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (i) such Depository Depositary notifies the Company that it is unwilling or unable to continue as Depository Depositary for such Registered Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository Depositary within 90 days of such event, event or (ii) the Company executes and delivers to the Trustee an Officers' ’ Certificate to the effect that such Registered Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuingexchangeable. Any Registered Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Registered Global Security with like tenor and terms. Except as provided in this Section 2.14.22.14(b), a Registered Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Registered Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 1 contract
Samples: Indenture (864 Beverage, Inc.)
Transfer and Exchange. Notwithstanding any provisions --------------------- to the contrary contained in Section 2.7 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities registered in the names of Holders other than the Depository for such Security or its nominee only if (i) such Depository notifies the Company that it is unwilling or unable to continue as Depository for such Global Security or if at any time such Depository ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository within 90 days of such event, (ii) the Company executes and delivers to the Trustee an Officers' Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, a Global Security may not be transferred except as a whole by the Depository with respect to such Global Security to a nominee of such Depository, by a nominee of such Depository to such Depository or another nominee of such Depository or by the Depository or any such nominee to a successor Depository or a nominee of such a successor Depository.
Appears in 1 contract
Samples: Indenture (Tivo Inc)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (i) such Depository Depositary notifies the Company that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository Depositary registered as a clearing agency under the Exchange Act within 90 days of such event, event or (ii) the Company executes and delivers to the Trustee an Officers' Officer’s Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuingexchangeable. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary. Neither the Trustee nor any Agent shall have any responsibility for any actions taken or not taken by the Depositary.
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Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 2.06 of the this Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 2.06 of the this Indenture for Securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (i) such Depository notifies the Company delivers to the Trustee a notice from the Depositary that it (A) the Depositary is unwilling no longer willing or unable able to continue as Depository depositary for such any Global Security Security, or if at any time such Depository (B) the Depositary ceases to be a “clearing agency agency” registered under Section 17A of the Exchange Act, and, in either case, the Company fails is unable to appoint locate a qualified successor Depository within 90 days of such eventdays, (ii) the Company executes and delivers to Company, at its option, notifies the Trustee an Officers' Certificate in writing that it elects to cause the effect that such Global Security shall be so exchangeable issuance of Securities in definitive form under this Indenture, or (iii) an there has occurred and is continuing a Default or Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuingSecurities. Any Global Security that is exchangeable pursuant to the preceding sentence shall shall, upon surrender by the Depositary of such Global Security, be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.22.12(b), a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 1 contract
Samples: Indenture (Norfolk Southern Corp)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 2.6 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 2.6 of the this Indenture for Securities registered in the names of Holders other than the Depository for such Security or its nominee only if (i) such Depository notifies the Company that it is unwilling or unable to continue as Depository for such Global Security or if at any time such Depository ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository within 90 days of such event, (ii) the Company executes and delivers to the Trustee an Officers' ’ Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.22.13.2, a Global Security may not be transferred except as a whole by the Depository with respect to such Global Security to a nominee of such Depository, by a nominee of such Depository to such Depository or another nominee of such Depository or by the Depository or any such nominee to a successor Depository or a nominee of such a successor Depository.
Appears in 1 contract
Samples: Indenture (Genta Inc De/)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 2.07 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 2.07 of the Indenture for Securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (i) such Depository Depositary notifies the Company that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository Depositary within 90 days of such event, (ii) the Company executes and delivers to the Trustee an Officers' ’ Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, 2.14(2) a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
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Transfer and Exchange. Notwithstanding any provisions --------------------- to the contrary contained in Section 2.7 2.06 of the this Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 2.06 of the this Indenture for Securities securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (i) such Depository Depositary notifies the Company that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository Depositary within 90 days of such event, event or (ii) the Company executes and delivers to the Trustee an Officers' Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuingexchangeable. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2paragraph (b) of this Section, a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
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Transfer and Exchange. Notwithstanding Unless otherwise provided for any particular Series of Securities pursuant to Section 2.02, notwithstanding any provisions to the contrary contained in Section 2.7 2.07 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 2.07 of the Indenture for Securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (i) such Depository Depositary notifies the Company that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository Depositary within 90 days of such event, (ii) the Company executes and delivers to the Trustee an Officers' Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, 2.13(b) a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary with the prior written consent of the Company.
Appears in 1 contract
Samples: Indenture (Coors Adolph Co)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the Indenture and in addition thereto2.7, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities registered in the names of Holders other than the Depository for such Security therefor or its nominee only if (i) such Depository notifies the Company that it is unwilling or unable to continue as Depository for such Global Security or if at any time such Depository ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository registered as a clearing agency under the Exchange Act within 90 days of such event, (ii) the Company executes and delivers to the Trustee an Officers' ’ Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.22.14(b), a Global Security may not be transferred except as a whole by the Depository with respect to such Global Security to a nominee of such Depository, by a nominee of such Depository to such Depository or another nominee of such Depository or by the Depository or any such nominee to a successor Depository or a nominee of such a successor Depository.
Appears in 1 contract
Samples: Indenture (Ca, Inc.)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the Indenture hereof and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture hereof for Securities registered in the names of Holders other than the Depository for such Security or its nominee only if (i) such Depository notifies the Company that it is unwilling or unable to continue as Depository for such Global Security or if at any time such Depository ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository registered as a clearing agency under the Exchange Act within 90 days of such event, (ii) the Company executes and delivers to the Trustee an Officers' ’ Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.22.14(b), a Global Security may not be transferred except as a whole by the Depository with respect to such Global Security to a nominee of such Depository, by a nominee of such Depository to such Depository or another nominee of such Depository or by the Depository or any such nominee to a successor Depository or a nominee of such a successor Depository.
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Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities registered in the names of Holders other than the Depository for such Security or its nominee only if (i) such Depository notifies the Company Issuer that it is unwilling or unable to continue as Depository for such Global Security or if at any time such Depository ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company Issuer fails to appoint a successor Depository within 90 days of such event, (ii) the Company Issuer executes and delivers to the Trustee an Officers' Officer's Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened occurred and shall be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.22.13(2), a Global Security may not be transferred except as a whole by the Depository with respect to such Global Security to a nominee of such Depository, by a nominee of such Depository to such Depository or another nominee of such Depository or by the Depository or any such nominee to a successor Depository or a nominee of such a successor Depository.
Appears in 1 contract
Samples: Indenture (Youbet Com Inc)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (ia) such Depository Depositary notifies the Company that it is unwilling unwilling, unable or unable ineligible to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository Depositary registered as a clearing agency under the Exchange Act within 90 days of such event, event or (iib) the Company executes and delivers to the Trustee an Officers' Officer’s Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuingexchangeable. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 1 contract
Samples: Indenture (Broadstone Net Lease LLC)
