Common use of Limitation on Number of Holders of Notes Clause in Contracts

Limitation on Number of Holders of Notes. The Issuer shall not issue, and the Registrar shall not issue or exchange or register the transfer of, any Note if, immediately after such issuance, exchange or transfer, there would be more than 95 Noteholders (in the case of Notes that are Definitive Notes) or Beneficial Holders (in the case of Notes that are Global Notes), taken together in the aggregate, and any purported issuance, exchange or transfer in violation of this Section 2.17 shall be void ab initio and result in the purported Noteholder or Beneficial Holder not being treated as a Noteholder or Beneficial Holder, as the case may be, for purposes of this Indenture. The Issuer shall (i) immediately notify the Registrar if the Issuer has actual knowledge that there are more than 95 Noteholders and Beneficial Holders, taken together in the aggregate (an “Excess Holder Event”), and (ii) furnish to the Registrar such additional information available to it as the Registrar may reasonably request from time to time to permit the Registrar to prepare the Approved Holder Lists, the DTC Lists, the Actual Beneficial Holder Lists and the Escrow Lists (collectively, the “Holder Lists”) pursuant to Section 2.5(d). In determining whether an Excess Holder Event has occurred, or for any other purpose under this Indenture, the Registrar may assume without further inquiry that the only Noteholders and Beneficial Holders that it must take into consideration are those named in the most recently updated Holder Lists maintained by the Registrar. For the avoidance of doubt, neither the Trustee nor the Registrar is required to inquire into or update the Holder Lists except as required by Section 2.5(d).