Common use of Transfers to Global Notes without Restricted Securities Legends Clause in Contracts

Transfers to Global Notes without Restricted Securities Legends. (i) Transfers by an owner of a beneficial interest in the Regulation S Global Note bearing Restricted Securities Legends may be transferred to a transferee who takes delivery of such interest through a Global Note that does not bear the Restricted Securities Legends from and after the Canadian Resale Restriction Termination Date; provided that the transferor shall have provided a declaration to the Company and to the U.S. Trustee for the Company, in the form attached as Attachment 4 (or as the Company may otherwise prescribe from time to time); and (ii) Sales by an owner of a beneficial interest in the Rule 144A Global Note bearing Restricted Securities Legends may be sold to a transferee who takes delivery of such interest through a Global Note that does not bear a Restricted Securities Legend provided that (A) (1) such sale occurs on and after the date that is the later of (x) the date that is six months after the last date of original issuance of the Initial Notes or Additional Notes, as applicable, and (y) such later date, if any, as may be required by applicable law, and (2) upon receipt by the U.S. Trustee of a certification that such transfer shall have been effected in reliance on Rule 144 under the Securities Act; or (B) under a registration statement that has been declared effective under the Securities Act or (C) otherwise upon receipt by the U.S. Trustee from an appropriate direction or consent from the Company or (D) such Note has been sold outside the United States pursuant to Regulation S under the Securities Act and in compliance with all applicable Canadian and other securities laws, and the Holder selling such Securities has delivered to the U.S. Trustee a certificate in the form of Attachment 4 hereto.

Transfers to Global Notes without Restricted Securities Legends. (i) Transfers by an owner of a beneficial interest in the Regulation S Global Note bearing Restricted Securities Legends may be transferred to a transferee who takes delivery of such interest through a Global Note that does not bear the Restricted Securities Legends from and after the Canadian Resale Restriction Termination Date; provided that the transferor shall have provided a declaration to the Company and to the U.S. Trustee for the Company, in the form attached as Attachment 4 (or as the Company may otherwise prescribe from time to time); and (ii) Sales by an owner of a beneficial interest in the Rule 144A Global Note bearing Restricted Securities Legends may be sold to a transferee who takes delivery of such interest through a Global Note that does not bear a Restricted Securities Legend provided that (A) (1) such sale occurs on and after the date that is the later of (x) the date that is six months after the last date of original issuance of the Initial Notes or Additional Notes, as applicable, and (y) such later date, if any, as may be required by applicable law, and (2) upon receipt by the U.S. Trustee of a certification that such transfer shall have been effected in reliance on Rule 144 under the Securities Act144; or (B) under a registration statement that has been declared effective under the Securities Act or (C) otherwise upon receipt by the U.S. Trustee from an appropriate direction or consent from the Company or (D) such Note has been sold outside the United States pursuant to Regulation S under the Securities Act and in compliance with all applicable Canadian and other securities laws, and the Holder selling such Securities Notes has delivered to the U.S. Trustee a certificate in the form of Attachment 4 hereto.

Transfers to Global Notes without Restricted Securities Legends. (i) Transfers by an owner of a beneficial interest in the Regulation S Global Note bearing Restricted Securities Legends may be transferred to a transferee who takes delivery of such interest through a Global Note that does not bear the Restricted Securities Legends from and after the Canadian Resale Restriction Termination Date; provided that the transferor shall have provided a declaration to the Company and to the U.S. Trustee for the Company, in the form attached as Attachment 4 (or as the Company may otherwise prescribe from time to time); and (ii) Sales by an owner of a beneficial interest in the Rule 144A Global Note bearing Restricted Securities Legends may be sold to a transferee who takes delivery of such interest through a Global Note that does not bear a Restricted Securities Legend provided that (A) (1) such sale occurs on and after the date that is the later of (x) the date that is six months after the last date of original issuance of the Initial Notes or Additional Notes, as applicable, and (y) such later date, if any, as may be required by applicable law, and (2) upon receipt by the U.S. Trustee of a certification that such transfer shall have been effected in reliance on Rule 144 under the Securities Act144; or (B) under a registration statement that has been declared effective under the Securities Act or (C) otherwise upon receipt by the U.S. Trustee from an appropriate direction or consent from the Company or (D) such Note has been sold outside the United States pursuant to Regulation S under the Securities Act and in compliance with all applicable Canadian and other securities laws, and the Holder selling such Securities has delivered to the U.S. Trustee a certificate in the form of Attachment 4 hereto.