Common use of Certificated Notes Clause in Contracts

Certificated Notes. Notwithstanding anything to the contrary in Section 2.14(b) of the Base Indenture, beneficial interests in a Global Note may be exchanged for certificated Notes: (i) If (x) the Depositary for such Global Note notifies the Company that it is unwilling or unable to continue as Depositary for such Global Note or if at any time such Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depositary registered as a clearing agency under the Exchange Act within 90 days of such event or (y) the Company executes and delivers to the Trustee an Officer’s Certificate to the effect that such Global Note shall be so exchangeable; (ii) If an Event of Default has occurred and is continuing; or (iii) If the holder of such beneficial interest and the Company agree to such exchange.

Appears in 3 contracts

Sources: Third Supplemental Indenture (Redwood Trust Inc), Second Supplemental Indenture (Redwood Trust Inc), First Supplemental Indenture (Redwood Trust Inc)

Certificated Notes. Notwithstanding anything to the contrary in Section 2.14(b) 2.14.2 of the Base Indenture, beneficial interests in a Global Note may be exchanged for certificated Notes: (i) If (x) the Depositary for such Global Note notifies the Company that it is unwilling or unable to continue as Depositary for such Global Note or if at any time such Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depositary registered as a clearing agency under the Exchange Act within 90 days of such event or (y) the Company executes and delivers to the Trustee an Officer’s Certificate to the effect that such Global Note shall be so exchangeable; (ii) If an Event of Default has occurred and is continuing; or (iii) If the holder of such beneficial interest and the Company agree to such exchange.

Appears in 2 contracts

Sources: Second Supplemental Indenture (Intermune Inc), First Supplemental Indenture (Intermune Inc)

Certificated Notes. Notwithstanding anything to the contrary in Section 2.14(b) 203 of the Base Indenture, beneficial interests in a Global Note may be exchanged for certificated Notes: (i) If (x) the Depositary for such Global Note notifies the Company that it is unwilling or unable to continue as Depositary for such Global Note or if at any time such Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depositary registered as a clearing agency under the Exchange Act within 90 days of such event or (y) the Company executes and delivers to the Trustee an Officer’s Certificate to the effect that such Global Note shall be so exchangeable; (ii) If an Event of Default has occurred and is continuing; or (iii) If the holder of such beneficial interest and the Company agree to such exchange.

Appears in 1 contract

Sources: First Supplemental Indenture (Chimera Investment Corp)