Common use of Definitive Securities Clause in Contracts

Definitive Securities. If: (i) the Depositary is no longer a Clearing Agency or is unwilling or unable to continue its services as securities depositary with respect to the Global Securities and a successor Depositary is not appointed within 90 days after such discontinuance pursuant to Section 3.08; or (ii) the Company elects, in its sole discretion, to allow some or all Global Units, Global Purchase Contracts or Global Notes to be exchangeable for securities in registered definitive form, then (x) Definitive Securities shall be prepared by the Company with respect to such Global Securities and delivered to the Purchase Contract Agent and the Trustee, and (y) upon surrender of such Global Securities by the Depositary, accompanied by registration instructions, the Company shall cause Definitive Securities to be executed, authenticated and delivered to Beneficial Owners in accordance with the instructions of the Depositary. The Company shall not be liable for any delay in delivery of such instructions and may conclusively rely on, and shall be protected in relying on, such instructions. Each Definitive Security so delivered shall evidence Units or Separate Purchase Contracts or Separate Notes, as the case may be, of the same kind and tenor as the Global Security so surrendered in respect thereof. Notwithstanding anything to the contrary in the foregoing, the exchange of Global Notes for Separate Notes in definitive form shall be governed by the Indenture.

Definitive Securities. If: (i) the Depositary is no longer a Clearing Agency or is unwilling or unable to continue its services as securities depositary with respect to Depositary for the Global Securities and the Company is unable to find a successor qualified replacement for the Depositary is not appointed within 90 days after such discontinuance pursuant days; (ii) at any time the Depositary ceases to Section 3.08be a Clearing Agency; or (iiiii) the Company elects, in its sole discretion, discretion decides to allow some or all Global Units, Global Purchase Contracts or Global Notes Securities to be exchangeable for securities in registered definitive formDefinitive Securities, then (x) Definitive Securities shall be prepared by the Company with respect to such Global Securities and delivered to the Purchase Contract Agent and the Trustee, as appropriate, pending delivery as provided in clause (y) below, and (y) upon surrender of such Global Securities by the Depositary, accompanied by registration instructions, the Company shall cause Definitive Securities to be executed, authenticated and delivered to Beneficial Owners in accordance with the instructions of the Depositary. The Company shall not be liable for any delay in delivery of such instructions and may conclusively rely on, and shall be protected in relying on, such instructions. Each Definitive Security so delivered shall evidence Units or Separate Units, Purchase Contracts or Separate Notes, as the case may be, of the same kind and tenor as the Global Security so surrendered in respect thereof. Notwithstanding anything to the contrary in the foregoing, the exchange of Global Notes for Separate Notes in definitive form shall be governed by the Indenture.

Definitive Securities. If: (i) the Depositary is no longer a Clearing Agency or is unwilling or unable to continue its services as securities depositary with respect to Depositary for the Global Securities and the Company is unable to find a successor qualified replacement for the Depositary is not appointed within 90 days after such discontinuance pursuant days; (ii) at any time the Depositary ceases to Section 3.08be a Clearing Agency; or (iiiii) the Company elects, in its sole discretion, discretion decides to allow some or all Global Units, Global Purchase Contracts or Global Notes Securities to be exchangeable for securities in registered definitive formDefinitive Securities, then (x) Definitive Securities shall be prepared by the Company with respect to such Global Securities and delivered to the Purchase Contract Agent and the U.S. Trustee, as appropriate, pending delivery as provided in clause (y) below, and (y) upon surrender of such Global Securities by the Depositary, accompanied by registration instructions, the Company shall cause Definitive Securities to be executed, authenticated and delivered to Beneficial Owners in accordance with the written instructions of the Depositary. The Company shall not be liable for any delay in delivery of such written instructions and may conclusively rely on, and shall be protected in relying on, such written instructions. Each Definitive Security so delivered shall evidence Units or Separate tMEDS, Purchase Contracts or Separate Notes, as the case may be, of the same kind and tenor as the Global Security so surrendered in respect thereof. Notwithstanding anything to the contrary in the foregoing, the exchange of Global Notes for Separate Notes in definitive form shall be governed by the Indenture.

Definitive Securities. If: (i) the Depositary is no longer a Clearing Agency or is unwilling or unable to continue its services as securities depositary with respect to Depositary for the Global Securities and the Company is unable to find a successor qualified replacement for the Depositary is not appointed within 90 days after such discontinuance pursuant days; (ii) at any time the Depositary ceases to Section 3.08be a Clearing Agency; or (iiiii) the Company elects, in its sole discretion, discretion decides to allow some or all Global Units, Global Purchase Contracts or Global Notes Securities to be exchangeable for securities in registered definitive formDefinitive Securities, then (x) Definitive Securities shall be prepared by the Company with respect to such Global Securities and delivered to the Purchase Contract Agent and the Trustee, as appropriate, pending delivery as provided in clause (y) below, and (y) upon surrender of such Global Securities by the Depositary, accompanied by registration instructions, the Company shall cause Definitive Securities to be executed, authenticated and delivered to Beneficial Owners in accordance with the written instructions of the Depositary. The Company shall not be liable for any delay in delivery of such written instructions and may conclusively rely on, and shall be protected in relying on, such written instructions. Each Definitive Security so delivered shall evidence Units or Separate Units, Purchase Contracts or Separate Notes, as the case may be, of the same kind and tenor as the Global Security so surrendered in respect thereof. Notwithstanding anything to the contrary in the foregoing, the exchange of Global Notes for Separate Notes in definitive form shall be governed by the Indenture.

Definitive Securities. If: (i) the Depositary is in no longer a Clearing Agency or is unwilling or unable elects to continue discontinue its services as securities depositary with respect to the Global Securities and a successor Depositary is not appointed within 90 days after such discontinuance pursuant to Section 3.08; (ii) an Event of Default occurs and is continuing; or (iiiii) the Company elects, in its sole discretion, to allow some or all terminate the book-entry system for the Global Units, Global Purchase Contracts or Global Notes to be exchangeable for securities in registered definitive formSecurities, then (x) Definitive Securities shall be prepared by the Company with respect to such Global Securities and delivered to the Purchase Contract Agent and the Trustee, as appropriate, and (y) upon surrender of such Global Securities by the Depositary, accompanied by registration instructions, the Company shall cause Definitive Securities to be executed, authenticated and delivered to Beneficial Owners in accordance with the instructions of the Depositary. The Company shall not be liable for any delay in delivery of such instructions and may conclusively rely on, and shall be protected in relying on, such instructions. Each Definitive Security so delivered shall evidence Units or Separate Units, Purchase Contracts or Separate Notes, as the case may be, of the same kind and tenor as the Global Security so surrendered in respect thereof. Notwithstanding anything to the contrary in the foregoing, the exchange of Global Notes for Separate Notes in definitive form shall be governed by the Indenture.

Definitive Securities. If: (i) the Depositary is no longer a Clearing Agency or is unwilling or unable to continue its services as securities depositary with respect to the Global Securities and a successor Depositary is not appointed within 90 days after such discontinuance pursuant to Section 3.08; (ii) at any time the Depositary ceases to be a Clearing Agency; or (iiiii) the Company elects, in its sole discretion, to allow some or all Global Units, Units or Global Purchase Contracts or Global Notes to be exchangeable for definitive securities in registered definitive form, then (x) Definitive Securities shall be prepared by the Company with respect to such Global Securities and delivered to the Purchase Contract Agent and the Trustee, and (y) upon surrender of such Global Securities by the Depositary, accompanied by registration instructions, the Company shall cause Definitive Securities to be executed, authenticated and delivered to Beneficial Owners in accordance with the instructions of the Depositary. The Company shall not be liable for any delay in delivery of such instructions and may conclusively rely on, and shall be protected in relying on, such instructions. Each Definitive Security so delivered shall evidence Units or Separate Purchase Contracts or Separate Notes, as the case may be, of the same kind and tenor as the Global Security so surrendered in respect thereof. Notwithstanding anything to the contrary in the foregoing, the exchange of Global Notes for Separate Notes in definitive form shall be governed by the Indenture.

Definitive Securities. If: (i) the Depositary is no longer a Clearing Agency or is unwilling or unable to continue its services as securities depositary with respect to the Global Securities and a successor Depositary is not appointed within 90 days after such discontinuance pursuant to Section 3.08; or (iiiii) the Company elects, in its sole discretion, to allow some or all Global Units, Global Purchase Contracts or Global Notes to be exchangeable for securities in registered definitive form, then (x) Definitive Securities shall be prepared by the Company with respect to such Global Securities and delivered to the Purchase Contract Agent and the Trustee, and (y) upon surrender of such Global Securities by the Depositary, accompanied by registration instructions, the Company shall cause Definitive Securities to be executed, authenticated and delivered to Beneficial Owners in accordance with the instructions of the Depositary. The Company shall not be liable for any delay in delivery of such instructions and may conclusively rely on, and shall be protected in relying on, such instructions. Each Definitive Security so delivered shall evidence Units or Separate Purchase Contracts or Separate Notes, as the case may be, of the same kind and tenor as the Global Security so surrendered in respect thereof. Notwithstanding anything to the contrary in the foregoing, the exchange of Global Notes for Separate Notes in definitive form shall be governed by the Indenture.

Definitive Securities. If: (i) the Depositary is no longer a Clearing Agency or is unwilling or unable elects to continue discontinue its services as securities depositary with respect to the Global Securities and a successor Depositary is not appointed within 90 days after such discontinuance pursuant to Section 3.08; (ii) at any time the depositary ceases to be a clearing agency registered under the Exchange Act; or (iiiii) the Company elects, in its sole discretion, to allow some or all Global Units, Units or Global Purchase Contracts or Global Notes to be exchangeable for definitive securities in registered definitive form, then (x) Definitive Securities shall be prepared by the Company with respect to such Global Securities and delivered to the Purchase Contract Agent and the Trustee, and (y) upon surrender of such Global Securities by the Depositary, accompanied by registration instructions, the Company shall cause Definitive Securities to be executed, authenticated and delivered to Beneficial Owners in accordance with the instructions of the Depositary. The Company shall not be liable for any delay in delivery of such instructions and may conclusively rely on, and shall be protected in relying on, such instructions. Each Definitive Security so delivered shall evidence Units or Separate Purchase Contracts or Separate Notes, as the case may be, of the same kind and tenor as the Global Security so surrendered in respect thereof. Notwithstanding anything to the contrary in the foregoing, the exchange of Global Notes for Separate Notes in definitive form shall be governed by the Indenture.