Examples of Deposit and Custody Agreement in a sentence
This Certificated Depositary Interest shall be transferable only in accordance with the Deposit and Custody Agreement.
The Issuer may pay the defaulted interest in the case of a Global Note, to the Trustee, which shall, in accordance with Section 3.01 of the Deposit and Custody Agreement, distribute such payments, on behalf of the Custodian and the Depositary to DTC or its nominee, and in the case of any Definitive Senior Note, to the Holder of such Definitive Senior Note on a subsequent Special Record Date.
Upon the issuance of such Definitive Senior Notes, in an aggregate principal amount equal to the aggregate principal amount of Senior Notes outstanding, this Deposit and Custody Agreement shall terminate.
Neither the Depositary nor the Custodian shall be required to give notice to the Issuer or Bermuda Holdings or the Holder that a Global Note is repayable or that any Default or Event of Default in relation to the Global Notes has occurred pursuant to Article 4 of the Indenture or take any proceedings to enforce payment under the Indenture, except as expressly provided otherwise in this Deposit and Custody Agreement.
Subject to the provisions of this Deposit and Custody Agreement, only the Holder who is registered on the Register at the close of business on such record date shall be entitled to receive any such payment, to give instructions as to such action or to act in respect of any such matter.
Neither the Depositary nor the Custodian shall be under any liability for interest on, or any obligation to invest or segregate, any monies at any time received by each of them pursuant to the terms and conditions of this Deposit and Custody Agreement.
This Deposit and Custody ------------------------- Agreement is for the exclusive benefit of the parties hereto and shall not be deemed to give any legal or equitable right, remedy or claim whatsoever to any other person; provided, however, that the Holder and any Beneficial Owner shall be intended third party beneficiaries of this Deposit and Custody Agreement.
The rights and obligations of the parties ---------- to this Deposit and Custody Agreement may not be assigned except that the Depositary or the Custodian shall assign its rights and procure assumption of its obligations hereunder to and by a successor depositary or successor custodian, as the case may be, appointed in accordance with the terms hereof.
The Custodian hereby agrees ----------------------- to accept custody of the Global Notes from the Trustee as instructed by the Issuer and to act as custodian thereof on behalf of the Depositary in accordance with the terms of this Deposit and Custody Agreement.
Neither the Custodian nor the Depositary shall be liable under this Deposit and Custody Agreement, other than by reason of bad faith or negligence in the performance of such duties as are set forth in or arise pursuant to this Deposit and Custody Agreement.