Global Securities in General. Each Global Security shall represent such of the outstanding Securities as shall be specified therein and each shall provide that it shall represent the aggregate amount of outstanding Securities from time to time endorsed thereon and that the aggregate amount of outstanding Securities represented thereby may from time to time be reduced or increased, as appropriate, to reflect exchanges, redemptions, purchases or conversions of such Securities. Any endorsement of a Global Security to reflect the amount of any increase or decrease in the amount of outstanding Securities represented thereby shall be made by the Securities Custodian in accordance with the standing instructions and procedures existing between the Depositary and the Securities Custodian. Members of, or participants in, the Depositary ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depositary or under any Global Security, and the Depositary (including, for this purpose, its nominee) may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner and Holder of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall (A) prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or (B) impair, as between the Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 7 contracts
Sources: Indenture (St Mary Land & Exploration Co), Indenture (Icos Corp / De), Indenture (Bisys Group Inc)
Global Securities in General. Each Global Security shall represent such of the outstanding Securities as shall be specified therein and each shall provide that it shall represent the aggregate amount of outstanding Securities from time to time endorsed thereon and that the aggregate amount of outstanding Securities represented thereby may from time to time be reduced or increased, as appropriate, to reflect exchanges, redemptions, purchases or conversions of such Securities. Any endorsement adjustment of the aggregate principal amount of a Global Security to reflect the amount of any increase or decrease in the amount of outstanding Securities represented thereby shall be made by the Securities Custodian Trustee in accordance with instructions given by the standing instructions Holder thereof as required by Section 2.12 hereof and procedures existing between shall be made on the Depositary records of the Trustee and the Securities CustodianDepositary. Members of, or participants in, the Depositary ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depositary or under any the Global Security, and the Depositary (including, for this purpose, its nominee) may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner and Holder of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall (A) prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or (B) impair, as between the Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 7 contracts
Sources: Indenture (Symantec Corp), Indenture (Americredit Corp), Indenture (Americredit Financial Services of Canada LTD)
Global Securities in General. Each Global Security shall represent such of the outstanding Securities as shall be specified therein and each shall provide that it shall represent the aggregate amount of outstanding Securities from time to time endorsed thereon and that the aggregate amount of outstanding Securities represented thereby may from time to time be reduced or increased, as appropriate, to reflect replacements, exchanges, purchases, redemptions, purchases or conversions of such Securities. Any endorsement adjustment of the aggregate principal amount of a Global Security to reflect the amount of any increase or decrease in the amount of outstanding Securities represented thereby shall be made by the Securities Custodian Trustee in accordance with instructions given by the standing instructions Holder thereof as required by Section 2.12 hereof and procedures existing between shall be made on the Depositary records of the Trustee and the Securities CustodianDepositary. Members of, or participants in, the Depositary ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depositary or under any the Global Security, and the Depositary (including, for this purpose, its nominee) may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner and Holder of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall (A1) prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or (B2) impair, as between the Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 4 contracts
Sources: Indenture (Mgi Pharma Inc), Indenture (Bell Microproducts Inc), Indenture (Dicks Sporting Goods Inc)
Global Securities in General. Each Global Security shall represent such of the outstanding Securities as shall be specified therein and each shall provide that it shall represent the aggregate amount of outstanding Securities from time to time endorsed thereon and that the aggregate amount of outstanding Securities represented thereby may from time to time be reduced or increased, as appropriate, to reflect replacements, exchanges, purchases, redemptions, purchases or conversions of such Securities. Any endorsement adjustment of the aggregate principal amount of a Global Security to reflect the amount of any increase or decrease in the amount of outstanding Securities represented thereby shall be made by the Securities Custodian Trustee in accordance with instructions given by the standing instructions Holder thereof as required by Section 2.12 and procedures existing between shall be made on the Depositary records of the Trustee and the Securities CustodianDepositary. Members of, or participants in, the Depositary ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depositary or under any the Global Security, and the Depositary (including, for this purpose, its nominee) may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner and Holder of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall (A1) prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or (B2) impair, as between the Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 3 contracts
Sources: Indenture (Pinnacle Airlines Corp), Indenture (Thoratec Corp), Indenture (Open Solutions Inc)
Global Securities in General. Each Global Security shall represent such of the outstanding Securities as shall be specified therein and each shall provide that it shall represent the aggregate principal amount of outstanding Securities from time to time endorsed thereon and that the aggregate principal amount of outstanding Securities represented thereby may from time to time be reduced or increased, as appropriate, to reflect exchanges, redemptionspurchases, purchases redemptions or conversions of such Securities. Any endorsement adjustment of the aggregate principal amount of a Global Security to reflect the amount of any increase or decrease in the amount of outstanding Securities represented thereby shall be made by the Securities Custodian Trustee in accordance with instructions given by the standing instructions Holder thereof and procedures existing between shall be made on the Depositary records of the Trustee and the Securities CustodianDepositary. Members of, or participants in, the Depositary ("“Agent Members"”) shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depositary or under any the Global Security, and the Depositary (including, for this purpose, its nominee) may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner and Holder of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall (A1) prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or (B2) impair, as between the Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 3 contracts
Sources: Indenture (General Cable Corp /De/), Indenture (General Cable Corp /De/), Indenture (General Cable Corp /De/)
Global Securities in General. Each Global Security shall represent such of the outstanding Securities as shall be specified therein and each shall provide that it shall initially represent the aggregate amount of outstanding Securities from time to time endorsed thereon and stated thereon, but that the aggregate amount of outstanding Securities represented thereby may from time to time be reduced or increased, as appropriate, to reflect exchanges, redemptions, purchases or repurchases and conversions of such Securities. Any endorsement adjustment of the aggregate principal amount of a Global Security to reflect the amount of any increase or decrease in the amount of outstanding Securities represented thereby shall be made by the Securities Custodian Trustee in accordance with instructions given by the standing instructions Holder thereof as required by Section 2.12 and procedures existing between shall be made on the Depositary records of the Trustee and the Securities CustodianDepositary. Members Neither any members of, or participants in, the Depositary ("collectively, the “Agent Members"”) shall have no nor any other persons on whose behalf Agent Members may act may exercise any rights under this Indenture with respect to any Global Security held on their behalf by registered in the name of the Depositary or any nominee thereof, or under any such Global Security, and the Depositary (includingor such nominee, for this purposeas the case may be, its nominee) may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner and Holder holder of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing contained herein shall (A) prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or such nominee, as the case may be, or (B) impair, as between the Depositary and Depositary, its Agent MembersMembers and any other person on whose behalf an Agent Member may act, the operation of customary practices of such Persons governing the exercise of the rights of a Holder holder of any Security.
Appears in 3 contracts
Sources: Indenture (DRS Technologies Inc), Indenture (CTS Corp), Indenture (Comtech Telecommunications Corp /De/)
Global Securities in General. Each Global Security shall represent such of the outstanding Securities as shall be specified therein and each shall provide that it shall represent the aggregate amount of outstanding Securities from time to time endorsed thereon and that the aggregate amount of outstanding Securities represented thereby may from time to time be reduced or increased, as appropriate, to reflect exchanges, redemptions, purchases or conversions of such Securities. Any endorsement of a Global Security to reflect the amount of any increase or decrease in the amount of outstanding Securities represented thereby shall be made by the Securities Custodian in accordance with the standing instructions and procedures existing between the Depositary and the Securities Custodian. Members of, or participants in, the Depositary ("Agent MembersAGENT MEMBERS") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depositary or under any Global Security, and the Depositary (including, for this purpose, its nominee) may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner and Holder of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall (A) prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or (B) impair, as between the Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 2 contracts
Sources: Indenture (Citigroup Inc), Purchase Agreement (Citigroup Inc)
Global Securities in General. Each Global Security shall represent such of the outstanding Securities as shall be specified therein and each shall provide that it shall represent the aggregate amount of outstanding Securities from time to time endorsed thereon and that the aggregate amount of outstanding Securities represented thereby may from time to time be reduced or increased, as appropriate, to reflect exchanges, redemptions, purchases or conversions of such Securities. Any endorsement adjustment of the aggregate principal amount of a Global Security to reflect the amount of any increase or decrease in the amount of outstanding Securities represented thereby shall be made by the Securities Custodian Trustee in accordance with instructions given by the standing instructions Holder thereof as required by Section 2.12 hereof and procedures existing between shall be made on the Depositary records of the Trustee and the Securities CustodianDepositary. Members of, or participants in, the Depositary ("Agent MembersAGENT MEMBERS") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depositary or under any the Global Security, and the Depositary (including, for this purpose, its nominee) may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner and Holder of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall (A) prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or (B) impair, as between the Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 2 contracts
Sources: Indenture (Integra Lifesciences Holdings Corp), Indenture (Integra Lifesciences Holdings Corp)
Global Securities in General. Each Global Security shall represent such of the outstanding Securities as shall be specified therein and each shall provide that it shall represent the aggregate amount of outstanding Securities from time to time endorsed thereon and that the aggregate amount of outstanding Securities represented thereby may from time to time be reduced or increased, as appropriate, to reflect replacements, exchanges, repurchases, redemptions, purchases or conversions of such Securities. Any endorsement adjustment of the aggregate principal amount of a Global Security to reflect the amount of any increase or decrease in the amount of outstanding Securities represented thereby shall be made by the Securities Custodian Trustee in accordance with instructions given by the standing instructions Holder thereof as required by Section 2.12 hereof and procedures existing between shall be made on the Depositary records of the Trustee and the Securities CustodianDepositary. Members of, or participants in, the Depositary ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depositary or under any the Global Security, and the Depositary (including, for this purpose, its nominee) may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner and Holder of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall (A) prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or (B) impair, as between the Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 2 contracts
Sources: Indenture (Invision Technologies Inc), Indenture (Emulex Corp /De/)
Global Securities in General. Each Global Security shall represent such of the outstanding Securities as shall be specified therein and each shall provide that it shall represent the aggregate amount of outstanding Securities from time to time endorsed thereon and that the aggregate amount of outstanding Securities represented thereby may from time to time be reduced or increased, as appropriate, to reflect exchanges, redemptions, purchases or conversions of such Securities. Any endorsement of a Global Security to reflect the amount of any increase or decrease in the amount of outstanding Securities represented thereby shall be made by the Securities Custodian Trustee in accordance with the standing instructions and procedures existing between the Depositary and the Securities CustodianTrustee. Members of, or participants in, the Depositary ("“Agent Members"”) shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depositary or under any Global Security, and the Depositary (including, for this purpose, its nominee) may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner and Holder of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall (A) prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or (B) impair, as between the Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 2 contracts
Sources: Indenture (Citadel Broadcasting Corp), Indenture (Citadel Broadcasting Corp)
Global Securities in General. Each Global Security shall represent such of the outstanding Securities as shall be specified therein and each shall provide that it shall represent the aggregate amount of outstanding Securities from time to time endorsed thereon and that the aggregate amount of outstanding Securities represented thereby may from time to time be reduced or increased, as appropriate, to reflect exchanges, redemptions, purchases repurchases or conversions of such Securities. Any endorsement adjustment of the aggregate principal amount of a Global Security to reflect the amount of any increase or decrease in the amount of outstanding Securities represented thereby shall be made by the Securities Custodian Trustee in accordance with instructions given by the standing instructions Holder thereof as required by Section 2.12 hereof and procedures existing between shall be made on the Depositary records of the Trustee and the Securities CustodianDepositary. Members of, or participants in, the Depositary ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depositary or under any the Global Security, and the Depositary (including, for this purpose, its nominee) may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner and Holder of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall (A) prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or (B) impair, as between the Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 2 contracts
Sources: Indenture (Symantec Corp), Indenture (Veritas Software Corp /De/)
Global Securities in General. Each Global Security shall represent such of the outstanding Securities as shall be specified therein and each shall provide that it shall represent the aggregate amount of outstanding Securities from time to time endorsed thereon and that the aggregate amount of outstanding Securities represented thereby may from time to time be reduced or increased, as appropriate, to reflect replacements, exchanges, purchases, redemptions, purchases or conversions of such Securities. Any endorsement adjustment of the aggregate principal amount of a Global Security to reflect the amount of any increase or decrease in the amount of outstanding Securities represented thereby shall be made by the Securities Custodian Trustee in accordance with instructions given by the standing instructions Holder thereof as required by Section 2.12 and procedures existing between shall be made on the Depositary records of the Trustee and the Securities CustodianDepositary. Members of, or participants in, the Depositary ("“Agent Members"”) shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depositary or under any the Global Security, and the Depositary (including, for this purpose, its nominee) may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner and Holder of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall (A1) prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or (B2) impair, as between the Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 2 contracts
Sources: Indenture (American Medical Systems Holdings Inc), Indenture (American Medical Systems Holdings Inc)
Global Securities in General. Each Global Security shall represent such of the outstanding Securities as shall be specified therein and each shall provide that it shall represent the aggregate amount of outstanding Securities from time to time endorsed thereon and that the aggregate amount of outstanding Securities represented thereby may from time to time be reduced or increased, as appropriate, to reflect exchanges, redemptions, purchases or conversions of such Securities. Any endorsement of a Global Security to reflect the amount of any increase or decrease in the amount of outstanding Securities represented thereby shall be made by the Securities Custodian in accordance with the standing instructions and procedures existing between the Depositary and the Securities Custodian. Members of, or participants in, the Depositary ("“Agent Members"”) shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depositary or under any Global Security, and the Depositary (including, for this purpose, its nominee) may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner and Holder of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall (A) prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or (B) impair, as between the Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 2 contracts
Sources: Indenture (Cable Design Technologies Corp), Indenture (Sina Corp)
Global Securities in General. Each Global Security shall represent such of the outstanding Securities as shall be specified therein and each shall provide that it shall represent the aggregate amount of outstanding Securities from time to time endorsed thereon and that the aggregate amount of outstanding Securities represented thereby may from time to time be reduced or increased, as appropriate, to reflect exchanges, redemptions, purchases or conversions of such Securities. Any endorsement of a Global Security to reflect the amount of any increase or decrease in the amount of outstanding Securities represented thereby shall be made by the Securities Custodian in accordance with the standing instructions and procedures existing between the Depositary and the Securities Custodian. Members of, or participants in, the Depositary ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depositary or under any Global Security, and the Depositary (including, for this purpose, its nominee) may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner and Holder of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall (A1) prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or (B2) impair, as between the Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 2 contracts
Sources: Indenture (Fairchild Semiconductor International Inc), Indenture (Skyworks Solutions Inc)
Global Securities in General. Each Global Security shall represent such of the outstanding Securities as shall be specified therein and each shall provide that it shall represent the aggregate amount of outstanding Securities from time to time endorsed thereon and that the aggregate amount of outstanding Securities represented thereby may from time to time be reduced or increased, as appropriate, to reflect exchanges, redemptions, purchases or conversions of such Securities. Any endorsement adjustment of the aggregate principal amount of a Global Security to reflect the amount of any increase or decrease in the amount of outstanding Securities represented thereby shall be made by the Securities Custodian Trustee in accordance with instructions given by the standing instructions Holder thereof as required by Section 2.12 hereof and procedures existing between shall be made on the Depositary records of the Trustee and the Securities CustodianDepositary. Members of, or participants in, the Depositary ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depositary or under any the Global Security, and the Depositary (including, for this purpose, its nominee) may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner and Holder of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall (A) prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or (B) impair, as between the Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 2 contracts
Sources: Indenture (Iac/Interactivecorp), Indenture (Ask Jeeves Inc)
Global Securities in General. Each Global Security shall represent such of the outstanding Securities as shall be specified therein and each shall provide that it shall initially represent the aggregate amount of outstanding Securities from time to time endorsed thereon and stated thereon, but that the aggregate amount of outstanding Securities represented thereby may from time to time be reduced or increased, as appropriate, to reflect exchanges, redemptions, purchases or repurchases and conversions of such Securities. Any endorsement adjustment of the aggregate principal amount of a Global Security to reflect the amount of any increase or decrease in the amount of outstanding Securities represented thereby shall be made by the Securities Custodian Trustee in accordance with instructions given by the standing instructions Holder thereof as required by Section 2.12 and procedures existing between shall be made on the Depositary records of the Trustee and the Securities CustodianDepositary. Members Neither any members of, or participants in, the Depositary (collectively, the "Agent MembersAGENT MEMBERS") nor any other persons on whose behalf Agent Members may act shall have no any rights under this Indenture with respect to any Global Security held on their behalf by registered in the name of the Depositary or any nominee thereof, or under any such Global Security, and the Depositary (includingor such nominee, for this purposeas the case may be, its nominee) may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner and Holder holder of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing contained herein shall (A) prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or such nominee, as the case may be, or (B) impair, as between the Depositary and Depositary, its Agent MembersMembers and any other person on whose behalf an Agent Member may act, the operation of customary practices of such Persons governing the exercise of the rights of a Holder holder of any Security.
Appears in 2 contracts
Sources: Indenture (Scottish Annuity & Life Holdings LTD), Indenture (Concord Communications Inc)
Global Securities in General. Each Global Security shall represent such of the outstanding Securities Notes as shall be specified therein and each shall provide that it shall initially represent the aggregate amount of outstanding Securities from time to time endorsed thereon and Notes stated thereon, but that the aggregate amount of outstanding Securities Notes represented thereby may from time to time be reduced or increased, as appropriate, to reflect exchanges, redemptions, purchases or repurchases and conversions of such SecuritiesNotes. Any endorsement adjustment of the aggregate principal amount of a Global Security to reflect the amount of any increase or decrease in the amount of outstanding Securities Notes represented thereby shall be made by the Securities Custodian Trustee in accordance with instructions given by the standing instructions Holder thereof as required by Section 2.12 and procedures existing between shall be made on the Depositary records of the Trustee and the Securities CustodianDepositary. Members Neither any members of, or participants in, the Depositary (collectively, the "Agent MembersAGENT MEMBERS") shall have no nor any other persons on whose behalf Agent Members may act may exercise any rights under this Indenture with respect to any Global Security held on their behalf by registered in the name of the Depositary or any nominee thereof, or under any such Global Security, and the Depositary (includingor such nominee, for this purposeas the case may be, its nominee) may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner and Holder holder of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing contained herein shall (A) prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or such nominee, as the case may be, or (B) impair, as between the Depositary and Depositary, its Agent MembersMembers and any other person on whose behalf an Agent Member may act, the operation of customary practices of such Persons governing the exercise of the rights of a Holder holder of any SecurityNote.
Appears in 2 contracts
Global Securities in General. Each Global Security shall represent such of the outstanding Securities as shall be specified therein and each shall provide that it shall represent the aggregate amount of outstanding Securities from time to time endorsed thereon and that the aggregate amount of outstanding Securities represented thereby may from time to time be reduced or increased, as appropriate, to reflect exchanges, redemptions, purchases or conversions of such Securities. Any endorsement adjustment of the aggregate Accreted Principal Amount of a Global Security to reflect the amount of any increase or decrease in the amount of outstanding Securities represented thereby shall be made by the Securities Custodian Trustee in accordance with instructions given by the standing instructions Holder thereof as required by Section 2.12 and procedures existing between shall be made on the Depositary records of the Trustee and the Securities CustodianDepositary. Members of, or participants in, the Depositary ("“Agent Members"”) shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depositary or under any the Global Security, and the Depositary (including, for this purpose, its nominee) may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner and Holder of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall (A) prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or (B) impair, as between the Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 1 contract
Sources: Indenture (Arvinmeritor Inc)
Global Securities in General. Each Global Security shall represent such of the outstanding Securities as shall be specified therein and each shall provide that it shall represent the aggregate amount of outstanding Securities from time to time endorsed thereon and that the aggregate amount of outstanding Securities represented thereby may from time to time be reduced or increased, as appropriate, to reflect exchanges, redemptions, purchases or conversions of such Securities. Any endorsement adjustment of the aggregate Principal Amount at Maturity of a Global Security to reflect the amount of any increase or decrease in the amount of outstanding Securities represented thereby shall be made by the Securities Custodian Trustee in accordance with instructions given by the standing instructions Holder thereof as required by Section 2.12 and procedures existing between shall be made on the Depositary records of the Trustee and the Securities CustodianDepositary. Members of, or participants in, the Depositary ("“Agent Members"”) shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depositary or under any the Global Security, and the Depositary (including, for this purpose, its nominee) may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner and Holder of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall (A) prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or (B) impair, as between the Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 1 contract
Sources: Indenture (Meritor Inc)
Global Securities in General. Each Global Security shall represent such of the outstanding Securities as shall be specified therein and each shall provide that it shall represent the aggregate amount of outstanding Securities from time to time endorsed thereon and that the aggregate amount of outstanding Securities represented thereby may from time to time be reduced or increased, as appropriate, to reflect replacements, exchanges, redemptions, purchases or conversions of such Securities. Any endorsement adjustment of the aggregate principal amount of a Global Security to reflect the amount of any increase or decrease in the amount of outstanding Securities represented thereby shall be made by the Securities Custodian Trustee in accordance with instructions given by the standing instructions Holder thereof as required by Section 2.12 hereof and procedures existing between shall be made on the Depositary records of the Trustee and the Securities CustodianDepositary. Members of, or participants in, the Depositary ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depositary or under any the Global Security, and the Depositary (including, for this purpose, its nominee) may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner and Holder of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall (A) prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or (B) impair, as between the Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 1 contract
Sources: Indenture (Cymer Inc)
Global Securities in General. Each Global Security shall represent such of the outstanding Securities as shall be specified therein and each shall provide that it shall represent the aggregate amount of outstanding Securities from time to time endorsed thereon and that the aggregate amount of outstanding Securities represented thereby may from time to time be reduced or increased, as appropriate, to reflect replacements, exchanges, redemptions, purchases or conversions of such Securities. Any endorsement adjustment of the aggregate principal amount of a Global Security to reflect the amount of any increase or decrease in the amount of outstanding Securities represented thereby shall be made by the Securities Custodian Trustee in accordance with instructions given by the standing instructions Holder thereof as required by Section 2.12 and procedures existing between shall be made on the Depositary records of the Trustee and the Securities CustodianDepositary. Members of, or participants in, the Depositary ("“Agent Members"”) shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depositary or under any the Global Security, and the Depositary (including, for this purpose, its nominee) may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner and Holder of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall (A1) prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or (B2) impair, as between the Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 1 contract
Global Securities in General. Each Global Security shall ---------------------------- represent such of the outstanding Securities as shall be specified therein and each shall provide that it shall represent the aggregate amount of outstanding Securities from time to time endorsed thereon and that the aggregate amount of outstanding Securities represented thereby may from time to time be reduced or increased, as appropriate, to reflect exchanges, redemptions, purchases or conversions of such Securities. Any endorsement of a Global Security to reflect the amount of any increase or decrease in the amount of outstanding Securities represented thereby shall be made by the Securities Custodian in accordance with the standing instructions and procedures existing between the Depositary and the Securities Custodian. Members of, or participants in, the Depositary ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depositary or under any Global Security, and the Depositary (including, for this purpose, its nominee) may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner and Holder of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall (A) prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or (B) impair, as between the Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 1 contract
Sources: Indenture (Chippac Inc)
Global Securities in General. Each Global Security shall represent such of the outstanding Securities Notes as shall be specified therein and each shall provide that it shall initially represent the aggregate amount of outstanding Securities from time to time endorsed thereon and Notes stated thereon, but that the aggregate amount of outstanding Securities Notes represented thereby may from time to time be reduced or increased, as appropriate, to reflect exchanges, redemptions, purchases or repurchases and conversions of such SecuritiesNotes. Any endorsement adjustment of the aggregate principal amount of a Global Security to reflect the amount of any increase or decrease in the amount of outstanding Securities Notes represented thereby shall be made by the Securities Custodian Trustee in accordance with instructions given by the standing instructions Holder thereof as required by Section 2.12 and procedures existing between shall be made on the Depositary records of the Trustee and the Securities CustodianDepositary. Members Neither any members of, or participants in, the Depositary ("collectively, the “Agent Members"”) shall have no nor any other persons on whose behalf Agent Members may act may exercise any rights under this Indenture with respect to any Global Security held on their behalf by registered in the name of the Depositary or any nominee thereof, or under any such Global Security, and the Depositary (includingor such nominee, for this purposeas the case may be, its nominee) may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner and Holder holder of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing contained herein shall (A) prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or such nominee, as the case may be, or (B) impair, as between the Depositary and Depositary, its Agent MembersMembers and any other person on whose behalf an Agent Member may act, the operation of customary practices of such Persons governing the exercise of the rights of a Holder holder of any SecurityNote.
Appears in 1 contract
Global Securities in General. Each Global Security shall represent such of the outstanding Securities as shall be specified therein and each shall provide that it shall represent the aggregate amount of outstanding Securities from time to time endorsed thereon and that the aggregate amount of outstanding Securities represented thereby may from time to time be reduced or increased, as appropriate, to reflect issuances, replacements, exchanges, redemptions, purchases or conversions of such Securities. Any endorsement adjustment of the aggregate principal amount of a Global Security to reflect the amount of any increase or decrease in the amount of outstanding Securities represented thereby shall be made by the Securities Custodian Trustee in accordance with instructions given by the standing instructions Holder thereof as required by Section 2.12 and procedures existing between shall be made on the Depositary records of the Trustee and the Securities CustodianDepositary. Members of, or participants in, the Depositary ("“Agent Members"”) shall have no rights under this the Indenture with respect to any Global Security held on their behalf by the Depositary or under any the Global Security, and the Depositary (including, for this purpose, its nominee) may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner and Holder of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall (A1) prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or (B2) impair, as between the Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 1 contract
Sources: First Supplemental Indenture (Hutchinson Technology Inc)
Global Securities in General. Each Global Security shall represent such of the outstanding Securities Outstanding Notes as shall be specified therein and each shall provide that it shall represent the aggregate principal amount of outstanding Securities from time to time endorsed thereon Outstanding Notes and that the aggregate principal amount of outstanding Securities Outstanding Notes represented thereby may from time to time be reduced or increasedreduced, as appropriate, to reflect exchanges, redemptions, redemptions or purchases or conversions of such SecuritiesNotes. Any endorsement of a Global Security to reflect the amount of any increase or decrease in the principal amount of outstanding Securities Outstanding Notes represented thereby shall be made by the Securities Custodian in accordance with the standing instructions and procedures existing between the Depositary Depository and the Securities Custodian. Members Neither any members of, or participants in, the Depositary Depository ("Agent Members") nor any other Persons on whose behalf Agent Members may act shall have no rights under the Indenture or this First Supplemental Indenture with respect to any Global Security held on their behalf by in the Depositary name of the Depository or any nominee thereof, or under any the Global Security, and the Depositary Depository (including, for this purpose, its nominee) may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner and Holder of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall (A) prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or (B) impair, as between the Depositary and Depository, its Agent MembersMembers and any other Person on whose behalf an Agent Member may act, the operation of customary practices governing the exercise of the rights of a Holder of any SecurityNote.
Appears in 1 contract
Global Securities in General. Each Global Security shall represent such of the outstanding Securities as shall be specified therein and each shall provide that it shall represent the aggregate amount of outstanding Securities from time to time endorsed thereon and that the aggregate amount of outstanding Securities represented thereby may from time to time be reduced or increased, as appropriate, to reflect replacements, exchanges, purchases, redemptions, purchases or conversions of such Securities. Any endorsement adjustment of the aggregate principal amount of a Global Security to reflect the amount of any increase or decrease in the amount of outstanding Securities represented thereby shall be made by the Securities Custodian Trustee in accordance with instructions given by the standing instructions Holder thereof as required by Section 2.14 and procedures existing between shall be made on the Depositary records of the Trustee and the Securities CustodianDepositary. Members of, or participants in, the Depositary ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depositary or under any the Global Security, and the Depositary (including, for this purpose, its nominee) may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner and Holder of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall (A1) prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or (B2) impair, as between the Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 1 contract
Global Securities in General. Each Global Security shall represent such of the outstanding Securities as shall be specified therein and each shall provide that it shall represent the aggregate amount of outstanding Securities from time to time endorsed thereon and that the aggregate amount of outstanding Securities represented thereby may from time to time be reduced or increased, as appropriate, to reflect replacements, exchanges, purchases, redemptions, purchases or conversions of such Securities. Any endorsement adjustment of the aggregate principal amount of a Global Security to reflect the amount of any increase or decrease in the amount of outstanding Securities represented thereby shall be made by the Securities Custodian Trustee in accordance with instructions given by the standing instructions Holder thereof as required by Section 2.15 and procedures existing between shall be made on the Depositary records of the Trustee and the Securities CustodianDepository. Members of, or participants in, the Depositary Depository ("“Agent Members"”) shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depositary Depository or under any the Global Security, and the Depositary Depository (including, for this purpose, its nominee) may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner and Holder of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall (A1) prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or (B2) impair, as between the Depositary Depository and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 1 contract
Global Securities in General. Each Global Security shall represent such of the outstanding Securities as shall be specified therein and each shall provide that it shall represent the aggregate amount of outstanding Securities from time to time endorsed thereon and that the aggregate amount of outstanding Securities represented thereby may from time to time be reduced or increased, as appropriate, to reflect exchanges, redemptions, purchases or conversions of such Securities. Any endorsement adjustment of the aggregate principal amount of a Global Security to reflect the amount of any increase or decrease in the amount of outstanding Securities represented thereby shall be made by the Securities Custodian Trustee in accordance with instructions given by the standing instructions Holder thereof as required by Section 2.12 hereof and procedures existing between shall be made on the Depositary records of the Trustee and the Securities CustodianDepositary. Members of, or participants in, the Depositary ("“Agent Members"”) shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depositary or under any the Global Security, and the Depositary (including, for this purpose, its nominee) may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner and Holder of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall (A) prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depositary, or such nominee, as the case may be, or (B) impair, as between the Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 1 contract
Sources: Indenture (Quanex Corp)
Global Securities in General. Each Global Security shall represent such of the outstanding Securities 2020 Debentures as shall be specified therein and each shall provide that it shall represent the aggregate amount of outstanding Securities 2020 Debentures from time to time endorsed thereon and that the aggregate amount of outstanding Securities 2020 Debentures represented thereby may from time to time be reduced or increased, as appropriate, to reflect exchanges, redemptions, purchases or conversions of such Securities2020 Debentures. Any endorsement of a Global Security to reflect the amount of any increase or decrease in the amount Principal Amount of outstanding Securities Outstanding 2020 Debentures represented thereby shall be made by the Securities Security Custodian in accordance with the standing instructions and procedures existing between the Depositary and the Securities Security Custodian. Members of, or participants in, the Depositary ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depositary or under any the Global Security, and the Depositary (including, for this purpose, its nominee) may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner and Holder of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall (A) prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or (B) impair, as between the Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Security2020 Debenture.
Appears in 1 contract
Global Securities in General. Each Global Security shall represent such of the outstanding Securities as shall be specified therein and each shall provide that it shall represent the aggregate principal amount of outstanding Securities from time to time endorsed thereon and that the aggregate principal amount of outstanding Securities represented thereby may from time to time be reduced or increased, as appropriate, to reflect exchanges, redemptions, purchases or conversions of such Securities. Any endorsement adjustment of the aggregate principal amount of a Global Security to reflect the amount of any increase or decrease in the amount of outstanding Securities represented thereby shall be made by the Securities Custodian Trustee in accordance with instructions given by the standing instructions Holder thereof as required by Section 2.13 and procedures existing between shall be made on the Depositary records of the Trustee and the Securities CustodianDepositary. Members of, or participants in, the Depositary ("“Agent Members"”) shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depositary or under any the Global Security, and the Depositary (including, for this purpose, its nominee) may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner and Holder of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall (A1) prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or (B2) impair, as between the Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 1 contract
Global Securities in General. Each Global Security shall represent such of the outstanding Securities as shall be specified therein and each shall provide that it shall represent the aggregate amount of outstanding Securities from time to time endorsed thereon and that the aggregate amount of outstanding Securities represented thereby may from time to time be reduced or increased, as appropriate, to reflect exchanges, redemptions, purchases or conversions of such Securities. Any endorsement adjustment of the aggregate Accreted Principal Amount of a Global Security to reflect the amount of any increase or decrease in the amount of outstanding Securities represented thereby shall be made by the Securities Custodian Trustee in accordance with instructions given by the standing instructions Holder thereof as required by 0 and procedures existing between shall be made on the Depositary records of the Trustee and the Securities CustodianDepositary. Members of, or participants in, the Depositary ("“Agent Members"”) shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depositary or under any the Global Security, and the Depositary (including, for this purpose, its nominee) may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner and Holder of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall (A) prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or (B) impair, as between the Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 1 contract
Sources: Indenture (Arvinmeritor Inc)
Global Securities in General. Each Global Security shall ---------------------------- represent such of the outstanding Securities as shall be specified therein and each shall provide that it shall represent the aggregate amount of outstanding Securities from time to time endorsed thereon and that the aggregate amount of outstanding Securities represented thereby may from time to time be reduced or increased, as appropriate, to reflect exchanges, redemptions, purchases or conversions of such Securities. Any endorsement of a Global Security to reflect the amount of any increase or decrease in the amount of outstanding Securities represented thereby shall be made by the Securities Custodian in accordance with the standing instructions and procedures existing between the Depositary and the Securities Custodian. Members of, or participants in, the Depositary ("Agent Members") shall have ------------- no rights under this Indenture with respect to any Global Security held on their behalf by the Depositary or under any the Global Security, and the Depositary (including, for this purpose, its nominee) may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner and Holder of such Global Security for all purposes whatsoever. Notwithstanding Notwithstanding, the foregoing, nothing herein shall (A) prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or (B) impair, as between the Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 1 contract
Sources: Indenture (Act Manufacturing Inc)
Global Securities in General. Each Global Security shall represent such of the outstanding Securities as shall be specified therein and each shall provide that it shall represent the aggregate principal amount of outstanding Securities from time to time endorsed thereon and that the aggregate principal amount of outstanding Securities represented thereby may from time to time be reduced or increased, as appropriate, to reflect exchanges, redemptions, purchases or conversions of such Securities. Any endorsement adjustment of the aggregate principal amount of a Global Security to reflect the amount of any increase or decrease in the amount of outstanding Securities represented thereby shall be made by the Securities Custodian Trustee in accordance with instructions given by the standing instructions Holder thereof as required by Section 2.13 and procedures existing between shall be made on the Depositary records of the Trustee and the Securities CustodianDepositary. Members of, or participants in, the Depositary ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depositary or under any the Global Security, and the Depositary (including, for this purpose, its nominee) may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner and Holder of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall (A1) prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or (B2) impair, as between the Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 1 contract
Sources: Indenture (United Auto Group Inc)
Global Securities in General. Each Global Security shall represent such of the outstanding Securities as shall be specified therein and each shall provide that it shall represent the aggregate amount of outstanding Securities from time to time endorsed thereon and that the aggregate amount of outstanding Securities represented thereby may from time to time be reduced or increased, as appropriate, to reflect exchanges, redemptions, purchases or conversions of such Securities. Any endorsement of a Global Security to reflect the amount of any increase or decrease in the amount of outstanding Securities represented thereby shall be made by the Securities Custodian in accordance with the standing instructions and procedures existing between the Depositary and the Securities Custodian. Members of, or participants in, the Depositary ("Agent MembersAGENT MEMBERS") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depositary or under any Global Security, and the Depositary (including, for this purpose, its nominee) may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner and Holder of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall (A) prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or 15 -9- other authorization furnished by the Depositary or (B) impair, as between the Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 1 contract
Sources: Indenture (Brooks Automation Inc)
Global Securities in General. Each Global Security shall represent such of the outstanding Securities as shall be specified therein and each shall provide that it shall represent the aggregate amount at the Final Maturity Date of outstanding Securities from time to time endorsed thereon and that the aggregate amount of outstanding Securities represented thereby may from time to time be reduced or increased, as appropriate, to reflect exchanges, redemptions, purchases or conversions of such Securities. Any endorsement adjustment of the aggregate principal amount of a Global Security to reflect the amount of any increase or decrease in the amount of outstanding Securities represented thereby shall be made by the Securities Custodian in accordance with Trustee and shall be made on the standing instructions and procedures existing between records of the Depositary Trustee and the Securities CustodianDepositary. Members of, or participants in, the Depositary ("“Agent Members"”) shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depositary or under any the Global Security, and the Depositary (including, for this purpose, its nominee) may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner and Holder of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall (A) prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or (B) impair, as between the Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 1 contract
Sources: Indenture (Actuant Corp)
Global Securities in General. Each Global Security shall represent such of the outstanding Securities as shall be specified therein therein, and each shall provide that it shall represent the aggregate amount of outstanding Securities from time to time endorsed thereon and that the aggregate amount of outstanding Securities represented thereby may from time to time be reduced or increased, as appropriate, to reflect exchanges, redemptions, purchases or conversions of such Securities. Any endorsement adjustment of the aggregate principal amount of a Global Security to reflect the amount of any increase or decrease in the amount of outstanding Securities represented thereby shall be made by the Securities Custodian Trustee in accordance with instructions given by the standing instructions Holder thereof as required by Section 2.12 hereof and procedures existing between shall be made on the Depositary records of the Trustee and the Securities CustodianDepositary. Members of, or participants in, the Depositary ("Agent MembersAGENT MEMBERS") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depositary or under any the Global Security, and the Depositary (including, for this purpose, its nominee) may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner and Holder of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall (A) prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or (B) impair, as between the Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 1 contract
Sources: Indenture (Polymedica Corp)
Global Securities in General. Each Global Security shall represent such of the outstanding Securities Notes as shall be specified therein and each shall provide that it shall initially represent the aggregate amount of outstanding Securities from time to time endorsed thereon and Notes stated thereon, but that the aggregate amount of outstanding Securities Notes represented thereby may from time to time be reduced or increased, as appropriate, to reflect exchanges, redemptions, purchases or conversions repurchases and redemptions of such SecuritiesNotes. Any endorsement adjustment of the aggregate principal amount of a Global Security to reflect the amount of any increase or decrease in the amount of outstanding Securities Notes represented thereby shall be made by the Securities Custodian Trustee in accordance with instructions given by the standing instructions Holder thereof as required by Section 2.12 and procedures existing between shall be made on the Depositary records of the Trustee and the Securities CustodianDepositary. Members Neither any members of, or participants in, the Depositary ("collectively, the “Agent Members"”) shall have no nor any other persons on whose behalf Agent Members may act may exercise any rights under this Indenture with respect to any Global Security held on their behalf by registered in the name of the Depositary or any nominee thereof, or under any such Global Security, and the Depositary (includingor such nominee, for this purposeas the case may be, its nominee) may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner and Holder holder of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing contained herein shall (A) prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or such nominee, as the case may be, or (B) impair, as between the Depositary and Depositary, its Agent MembersMembers and any other person on whose behalf an Agent Member may act, the operation of customary practices of such Persons governing the exercise of the rights of a Holder holder of any SecurityNote.
Appears in 1 contract
Sources: Indenture (Sirius Xm Radio Inc.)
Global Securities in General. Each Global Security shall represent such of the outstanding Securities as shall be specified therein and each shall provide that it shall initially represent the aggregate amount of outstanding Securities from time to time endorsed thereon and stated thereon, but that the aggregate amount of outstanding Securities represented thereby may from time to time be reduced or increased, as appropriate, to reflect exchanges, redemptions, purchases or repurchases and conversions of such Securities. Any endorsement adjustment of the aggregate principal amount of a Global Security to reflect the amount of any increase or decrease in the amount of outstanding Securities represented thereby shall be made by the Securities Custodian Trustee in accordance with instructions given by the standing instructions Holder thereof as required by Section 2.12 and procedures existing between shall be made on the Depositary records of the Trustee and the Securities CustodianDepositary. Members Neither any members of, or participants in, the Depositary (collectively, the "Agent MembersAGENT MEMBERS") shall have no nor any other persons on whose behalf Agent Members may act may exercise any rights under this Indenture with respect to any Global Security held on their behalf by registered in the name of the Depositary or any nominee thereof, or under any such Global Security, and the Depositary (includingor such nominee, for this purposeas the case may be, its nominee) may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner and Holder holder of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing contained herein shall (A) prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or such nominee, as the case may be, or (B) impair, as between the Depositary and Depositary, its Agent MembersMembers and any other person on whose behalf an Agent Member may act, the operation of customary practices of such Persons governing the exercise of the rights of a Holder holder of any Security.
Appears in 1 contract
Sources: Indenture (Willbros Group Inc)
Global Securities in General. Each Global Security shall represent such of the outstanding Securities Outstanding Notes as shall be specified therein and each shall provide that it shall represent the aggregate principal amount of outstanding Securities from time to time endorsed thereon Outstanding Notes and that the aggregate principal amount of outstanding Securities Outstanding Notes represented thereby may from time to time be reduced or increasedreduced, as appropriate, to reflect exchanges, redemptions, purchases or conversions of such SecuritiesNotes. Any endorsement of a Global Security to reflect the amount of any increase or decrease in the principal amount of outstanding Securities Outstanding Notes represented thereby shall be made by the Securities Custodian in accordance with the standing instructions and procedures existing between the Depositary Depository and the Securities Custodian. Members Neither any members of, or participants in, the Depositary Depository ("Agent Members") nor any other Persons on whose behalf Agent Members may act shall have no rights under this Indenture with respect to any Global Security held on their behalf by in the Depositary name of the Depository or any nominee thereof, or under any the Global Security, and the Depositary Depository (including, for this purpose, its nominee) may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner and Holder of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall (A) prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or (B) impair, as between the Depositary and Depository, its Agent MembersMembers and any other Person on whose behalf an Agent Member may act, the operation of customary practices governing the exercise of the rights of a Holder of any SecurityNote.
Appears in 1 contract
Global Securities in General. Each Global Security shall represent such of the outstanding Securities 2020 Debentures as shall be specified therein and each shall provide that it shall represent the aggregate amount of outstanding Securities 2020 Debentures from time to time endorsed thereon and that the aggregate amount of outstanding Securities 2020 Debentures represented thereby may from time to time be reduced or increased, as appropriate, to reflect exchanges, redemptions, purchases or conversions of such Securities2020 Debentures. Any endorsement of a Global Security to reflect the amount of any increase or decrease in the amount Principal Amount of outstanding Securities Outstanding 2020 Debentures represented thereby shall be made by the Securities Custodian in accordance with the standing instructions and procedures existing between the Depositary and the Securities Custodian. Members of, or participants in, the Depositary ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depositary or under any the Global Security, and the Depositary (including, for this purpose, its nominee) may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner and Holder of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall (A) prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or (B) impair, as between the Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Security2020 Debenture.
Appears in 1 contract
Sources: Second Supplemental Indenture (Diamond Offshore Drilling Inc)
Global Securities in General. Each Global Security shall ---------------------------- represent such of the outstanding Securities as shall be specified therein and each shall provide that it shall represent the aggregate amount of outstanding Securities from time to time endorsed thereon and that the aggregate amount of outstanding Securities represented thereby may from time to time be reduced or increased, as appropriate, to reflect exchanges, redemptions, purchases or conversions of such Securities. Any endorsement of a Global Security to reflect the amount of any increase or decrease in the amount of outstanding Securities represented thereby shall be made by the Securities Custodian in accordance with the standing instructions and procedures existing between the Depositary and the Securities Custodian. Members of, or participants in, the Depositary ("Agent ----- Members") shall have no rights under this Indenture with respect to any Global ------- Security held on their behalf by the Depositary or under any Global Security, and the Depositary (including, for this purpose, its nominee) may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner and Holder of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall (A) prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or (B) impair, as between the Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 1 contract
Sources: Indenture (Penney J C Co Inc)
Global Securities in General. Each Global Security shall represent such of the outstanding Securities as shall be specified therein and each shall provide that it shall represent the aggregate principal amount of outstanding Securities from time to time endorsed thereon and that the aggregate principal amount of outstanding Securities represented thereby may from time to time be reduced or increased, as appropriate, to reflect exchanges, redemptions, purchases or conversions of such Securities. Any endorsement adjustment of the aggregate principal amount of a Global Security to reflect the amount of any increase or decrease in the amount of outstanding Securities represented thereby shall be made by the Securities Custodian Trustee in accordance with instructions given by the standing instructions Holder thereof as required by Section 2.13 and procedures existing between shall be made on the Depositary records of the Trustee and the Securities CustodianDepositary. Members of, or participants in, the Depositary ("“Agent Members"”) shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depositary or under any the Global Security, and the Depositary (including, for this purpose, its nominee) may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner and Holder of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall (A1) prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or (B2) impair, as between the Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 1 contract
Sources: Indenture (General Cable Corp /De/)
Global Securities in General. Each Global Security shall represent such of the outstanding Securities as shall be specified therein and each shall provide that it shall represent the aggregate amount of outstanding Securities from time to time endorsed thereon and that the aggregate amount of outstanding Securities represented thereby may from time to time be reduced or increased, as appropriate, to reflect replacements, exchanges, redemptions, purchases or conversions of such Securities. Any endorsement adjustment of the aggregate principal amount of a Global Security to reflect the amount of any increase or decrease in the amount of outstanding Securities represented thereby shall be made by the Securities Custodian Trustee in accordance with instructions given by the standing instructions Holder thereof as required by Section 2.12 hereof and procedures existing between shall be made on the Depositary records of the Trustee and the Securities CustodianDepositary. Members of, or participants in, the Depositary ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depositary or under any the Global Security, and the Depositary (including, for this purpose, its nominee) may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner and Holder of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall (A) prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or (B) impair, as between the Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 1 contract
Global Securities in General. Each Global Security shall represent such of the outstanding Securities as shall be specified therein and each shall provide that it shall represent the aggregate amount at the Final Maturity Date of outstanding Securities from time to time endorsed thereon and that the aggregate amount of outstanding Securities represented thereby may from time to time be reduced or increased, as appropriate, to reflect exchanges, redemptions, purchases or conversions of such Securities. Any endorsement adjustment of the aggregate principal amount of a Global Security to reflect the amount of any increase or decrease in the amount of outstanding Securities represented thereby shall be made by the Securities Custodian Trustee in accordance with instructions given by the standing instructions Holder thereof as required by Section 2.12 hereof and procedures existing between shall be made on the Depositary records of the Trustee and the Securities CustodianDepositary. Members of, or participants in, the Depositary ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depositary or under any the Global Security, and the Depositary (including, for this purpose, its nominee) may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner and Holder of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall (A) prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or (B) impair, as between the Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 1 contract
Global Securities in General. Each Global Security shall represent such of the outstanding Securities Convertible Notes as shall be specified therein and each shall provide that it shall represent the aggregate amount of outstanding Securities Convertible Notes from time to time endorsed thereon and that the aggregate amount of outstanding Securities Convertible Notes represented thereby may from time to time be reduced or increased, as appropriate, to reflect exchanges, redemptions, purchases or conversions of such SecuritiesConvertible Notes. Any endorsement of a Global Security to reflect the amount of any increase or decrease in the amount of outstanding Securities Convertible Notes represented thereby shall be made by the Securities Custodian in accordance with the standing instructions and procedures existing between the Depositary and the Securities Custodian. Members of, or participants in, the Depositary ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depositary or under any Global Security, and the Depositary (including, for this purpose, its nominee) may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner and Holder holder of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall (A1) prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or (B2) impair, as between the Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder holder of any Security.
Appears in 1 contract
Global Securities in General. Each Global Security shall represent such of the outstanding Securities as shall be specified therein and each shall provide that it shall represent the aggregate amount of outstanding Securities from time to time endorsed thereon and that the aggregate amount of outstanding Securities represented thereby may from time to time be reduced or increased, as appropriate, to reflect replacements, exchanges, purchases, redemptions, purchases or conversions of such Securities. Any endorsement adjustment of the aggregate principal amount of a Global Security to reflect the amount of any increase or decrease in the amount of outstanding Securities represented thereby shall be made by the Securities Custodian Trustee in accordance with instructions given by the standing instructions Holder thereof as required by Section 2.12 hereof and procedures existing between shall be made on the Depositary records of the Trustee and the Securities CustodianDepositary. Members of, or participants in, the Depositary ("“Agent Members"”) shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depositary or under any the Global Security, and the Depositary (including, for this purpose, its nominee) may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner and Holder of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall (A1) prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or (B2) impair, as between the Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 1 contract
Sources: Purchase Agreement (Lexar Media Inc)
Global Securities in General. Each Global Security shall represent such of the outstanding Securities as shall be specified therein and each shall provide that it shall represent the aggregate amount of outstanding Securities from time to time endorsed thereon and that the aggregate amount of outstanding Securities represented thereby may from time to time be reduced or increased, as appropriate, to reflect exchanges, redemptions, purchases or conversions of such Securities. Any endorsement adjustment of the aggregate Accreted Principal Amount of a Global Security to reflect the amount of any increase or decrease in the amount of outstanding Securities represented thereby shall be made by the Securities Custodian Trustee in accordance with instructions given by the standing instructions Holder thereof as required by Section 2.12 and procedures existing between shall be made on the Depositary records of the Trustee and the Securities CustodianDepositary. Members of, or participants in, the Depositary ("“Agent Members"”) shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depositary or under any the Global Security, and the Depositary (including, for this purpose, its nominee) may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner and Holder of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall (A) prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or (B) impair, as between the Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Security.. (NY) 20543/090/INDENTURE/arm.indenture.doc
Appears in 1 contract
Sources: Indenture (Arvinmeritor Inc)
Global Securities in General. Each Global Security shall ---------------------------- represent such of the outstanding Securities as shall be specified therein and each shall provide that it shall represent the aggregate amount of outstanding Securities from time to time endorsed thereon and that the aggregate amount of outstanding Securities represented thereby may from time to time be reduced or increased, as appropriate, to reflect exchanges, redemptions, purchases or conversions of such Securities. Any endorsement of a Global Security to reflect the amount of any increase or decrease in the amount Principal Amount of outstanding Securities represented thereby shall be made by the Securities Custodian in accordance with the standing instructions and procedures existing between the Depositary and the Securities Custodian. Members of, or participants in, the Depositary ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depositary or under any the Global Security, and the Depositary (including, for this purpose, its nominee) may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner and Holder of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall (A) prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or (B) impair, as between the Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 1 contract
Sources: Indenture (Alza Corp)
Global Securities in General. Each Global Security shall represent such of the outstanding Securities as shall be specified therein and each shall provide that it shall represent the aggregate amount of outstanding Securities from time to time endorsed thereon and that the aggregate amount of outstanding Securities represented thereby may from time to time be reduced or increased, as appropriate, to reflect replacements, exchanges, redemptions, purchases or conversions of such Securities. Any endorsement adjustment of the aggregate principal amount of a Global Security to reflect the amount of any increase or decrease in the amount of outstanding Securities represented thereby shall be made by the Securities Custodian Trustee in accordance with instructions given by the standing instructions Holder thereof as required by Section 2.12 hereof and procedures existing between shall be made on the Depositary records of the Trustee and the Securities CustodianDepositary. Members of, or participants in, the Depositary ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depositary or under any the Global Security, and the Depositary or its nominee (including, for this purpose, its nominee) may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner and Holder of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall (A) prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or (B) impair, as between the Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 1 contract
Sources: Indenture (Fair Isaac Corp)
Global Securities in General. Each Global Security shall represent such of the outstanding Securities as shall be specified therein and each shall provide that it shall represent the aggregate amount at the Final Maturity Date of outstanding Securities from time to time endorsed thereon and that the aggregate amount of outstanding Securities represented thereby may from time to time be reduced or increased, as appropriate, to reflect exchanges, redemptions, purchases or conversions of such Securities. Any endorsement adjustment of the aggregate principal amount of a Global Security to reflect the amount of any increase or decrease in the amount of outstanding Securities represented thereby shall be made by the Securities Custodian in accordance with Trustee and shall be made on the standing instructions and procedures existing between records of the Depositary Trustee and the Securities CustodianDepositary. Members of, or participants in, the Depositary ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depositary or under any the Global Security, and the Depositary (including, for this purpose, its nominee) may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner and Holder of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall (A) prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or (B) impair, as between the Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 1 contract
Sources: Indenture (Actuant Corp)
Global Securities in General. Each Global Security shall represent such of the outstanding Securities Outstanding 2014 Notes as shall be specified therein and each shall provide that it shall represent the aggregate principal amount of outstanding Securities Outstanding 2014 Notes from time to time endorsed thereon and that the aggregate principal amount of outstanding Securities Outstanding 2014 Notes represented thereby may from time to time be reduced or increased, as appropriate, to reflect exchanges, redemptions, purchases exchanges or conversions redemptions of such Securities2014 Notes. Any endorsement of a Global Security to reflect the amount of any increase or decrease in the principal amount of outstanding Securities Outstanding 2014 Notes represented thereby shall be made by the Securities Custodian in accordance with the standing instructions and procedures existing between the Depositary and the Securities Custodian. Members Neither any members of, or participants in, the Depositary ("Agent Members") nor any other Persons on whose behalf Agent Members may act shall have no rights under this Indenture with respect to any Global Security held on their behalf by in the name of the Depositary or any nominee thereof, or under any the Global Security, and the Depositary (including, for this purpose, its nominee) may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner and Holder of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall (A) prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or (B) impair, as between the Depositary and Depositary, its Agent MembersMembers and any other Person on whose behalf an Agent Member may act, the operation of customary practices governing the exercise of the rights of a Holder of any Security2014 Notes.
Appears in 1 contract
Sources: Fourth Supplemental Indenture (Diamond Offshore Drilling Inc)
Global Securities in General. Each Global Security shall represent such of the outstanding Securities Outstanding 2007 Notes as shall be specified therein and each shall provide that it shall represent the aggregate amount Principal Amount of outstanding Securities Outstanding 2007 Notes from time to time endorsed thereon and that the aggregate amount Principal Amount of outstanding Securities Outstanding 2007 Notes represented thereby may from time to time be reduced or increased, as appropriate, to reflect exchanges, redemptions, redemptions or purchases or conversions of such Securities2007 Notes. Any endorsement of a Global Security to reflect the amount of any increase or decrease in the amount Principal Amount of outstanding Securities Outstanding 2007 Notes represented thereby shall be made by the Securities Custodian in accordance with the standing instructions and procedures existing between the Depositary Depositaries and the Securities Custodian. Members Neither any members of, or participants in, the Depositary Depositaries ("Agent Members") nor any other Persons on whose behalf Agent Members may act shall have no rights under this Indenture with respect to any Global Security held on their behalf by in the Depositary name of the Depositaries or any nominees thereof, or under any the Global Security, and the Depositary Depositaries (including, for this purpose, its nomineetheir nominees) may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner owners and Holder Holders of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall (A) prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depositaries or (B) impair, as between the Depositary Depositaries, their Agent Members and its any other Person on whose behalf an Agent MembersMember may act, the operation of customary practices governing the exercise of the rights of a Holder of any Security2007 Note.
Appears in 1 contract
Global Securities in General. Each Global Security shall represent such of the outstanding Securities 2021 Debentures as shall be specified therein and each shall provide that it shall represent the aggregate amount of outstanding Securities 2021 Debentures from time to time endorsed thereon and that the aggregate amount of outstanding Securities 2021 Debentures represented thereby may from time to time be reduced or increased, as appropriate, to reflect exchanges, redemptions, purchases or conversions of such Securities2021 Debentures. Any endorsement of a Global Security to reflect the amount of any increase or decrease in the amount Principal Amount of outstanding Securities Outstanding 2021 Debentures represented thereby shall be made by the Securities Security Custodian in accordance with the standing instructions and procedures existing between the Depositary and the Securities Security Custodian. Members of, or participants in, the Depositary ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depositary or under any the Global Security, and the Depositary (including, for this purpose, its nominee) may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner and Holder of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall (A) prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or (B) impair, as between the Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Security2021 Debenture.
Appears in 1 contract
Global Securities in General. Each Global Security shall represent such of the outstanding Securities Outstanding 2015 Notes as shall be specified therein and each shall provide that it shall represent the aggregate principal amount of outstanding Securities Outstanding 2015 Notes from time to time endorsed thereon and that the aggregate principal amount of outstanding Securities Outstanding 2015 Notes represented thereby may from time to time be reduced or increased, as appropriate, to reflect exchanges, redemptions, purchases exchanges or conversions redemptions of such Securities2015 Notes. Any endorsement of a Global Security to reflect the amount of any increase or decrease in the principal amount of outstanding Securities Outstanding 2015 Notes represented thereby shall be made by the Securities Custodian in accordance with the standing instructions and procedures existing between the Depositary and the Securities Custodian. Members Neither any members of, or participants in, the Depositary ("Agent Members") nor any other Persons on whose behalf Agent Members may act shall have no rights under this Indenture with respect to any Global Security held on their behalf by in the name of the Depositary or any nominee thereof, or under any the Global Security, and the Depositary (including, for this purpose, its nominee) may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner and Holder of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall (A) prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or (B) impair, as between the Depositary and Depositary, its Agent MembersMembers and any other Person on whose behalf an Agent Member may act, the operation of customary practices governing the exercise of the rights of a Holder of any Security2015 Notes.
Appears in 1 contract
Sources: Fifth Supplemental Indenture (Diamond Offshore Drilling Inc)