Trustee’s Powers. In considering the interests of Noteholders the Trustee may, to the extent it considers it appropriate to do so in the circumstances, (a) have regard to such information as may have been made available to it by or on behalf of the relevant clearing system or its operator as to the identity of its accountholders (either individually or by way of category) with entitlements in respect of Notes and (b) consider such interests on the basis that such accountholders were the holders of the Notes represented by this Global Note.
Appears in 2 contracts
Samples: Trust Deed Amendment, Trust Deed (Acergy S.A.)
Trustee’s Powers. In considering the interests of Noteholders the Trustee may, to the extent it considers it appropriate to do so in the circumstances, (a) have regard to such information as may have been made available to it by or on behalf of the relevant clearing system or its operator as to the identity of its accountholders (either individually or by way of category) with entitlements in respect of Notes and (b) consider such interests on the basis that such accountholders were the holders of the Notes represented by this Restricted Global Note.
Appears in 2 contracts
Samples: Trust Deed (Gold Fields LTD), Trust Deed (Gold Fields LTD)
Trustee’s Powers. In considering the interests of Noteholders the Trustee may, to the extent it considers it appropriate to do so in the circumstances, (a) have regard to such information as may have been made available to it by or on behalf of the relevant clearing system or its operator as to the identity of its accountholders (either individually or by way of category) with entitlements in respect of Notes and (b) consider such interests on the basis that such accountholders were the holders of the Notes represented by this Unrestricted Global Note.
Appears in 2 contracts
Samples: Trust Deed (Gold Fields LTD), Trust Deed (Gold Fields LTD)
Trustee’s Powers. In considering the interests of Noteholders the Trustee may, to the extent it considers it appropriate to do so in the circumstances, (a) have regard to such information as may have been made available to it by or on behalf of the relevant clearing system or its operator as to the identity of its accountholders (either individually or by way of category) with entitlements in respect of Notes and (b) consider such interests on the basis that such accountholders were the holders of the Notes represented by this Rule 144A Global Note.
Appears in 2 contracts
Samples: Trust Deed (Sibanye Gold LTD), Trust Deed (Gold Fields LTD)
Trustee’s Powers. In considering the interests of Noteholders the Trustee may, to the extent it considers it appropriate to do so in the circumstances, (aA) have regard to such information as may have been made available to it by or on behalf of the relevant clearing system Euroclear, Clearstream, Luxembourg or any Alternative Clearing System or its operator as to the identity of its accountholders (either individually or by way of category) with entitlements in respect of Notes and (bB) consider such interests on the basis that such accountholders were the holders of the Notes represented by this Global NoteCertificate.
Appears in 1 contract
Samples: Trust Deed
Trustee’s Powers. In considering the interests of Noteholders the Trustee may, to the extent it considers it appropriate to do so in the circumstances, (a) have regard to such information as may have been made available to it by or on behalf of the relevant clearing system or its operator as to the identity of its accountholders (either individually or by way of category) with entitlements in respect of Subordinated Notes and (b) consider such interests on the basis that such accountholders were the holders of the Subordinated Notes represented by this Global Note.
Appears in 1 contract
Samples: Trust Deed Amendment