Common use of Restricted Definitive Notes to Restricted Definitive Notes Clause in Contracts

Restricted Definitive Notes to Restricted Definitive Notes. Any Restricted Definitive Note may be transferred to and registered in the name of Persons who take delivery thereof in the form of a Restricted Definitive Note if the Registrar receives the following: (A) if the transfer will be made to a QIB in accordance with Rule 144A, a certificate in the form of Exhibit B hereto, including the certifications in item (1) thereof; (B) if the transfer will be made pursuant to Rule 903 or Rule 904, a certificate in the form of Exhibit B hereto, including the certifications in item (2) thereof; or (C) if the transfer will be made pursuant to any other exemption from the registration requirements of the Securities Act, a certificate in the form of Exhibit B hereto, including the certifications required by item (3) thereof, if applicable.

Appears in 2 contracts

Sources: Indenture (Hersha Hospitality Trust), Indenture (Option Care Health, Inc.)

Restricted Definitive Notes to Restricted Definitive Notes. Any Restricted Definitive Note may be transferred to and registered in the name of Persons who take delivery thereof in the form of a Restricted Definitive Note if the Registrar receives the following: (A) if the transfer will shall be made pursuant to a QIB in accordance with Rule 144A, then the transferor must deliver a certificate in the form duly completed Certificate of Exhibit B heretoTransfer, including the certifications in item (1) thereof; (B) if the transfer will shall be made pursuant to Rule 903 or Rule 904, 904 then the transferor must deliver a certificate in the form duly completed Certificate of Exhibit B heretoTransfer, including the certifications in item (2) thereof; or (C) if the transfer will shall be made pursuant to any other exemption from the registration requirements of the Securities Act, then the transferor must deliver a certificate in the form duly completed Certificate of Exhibit B heretoTransfer, including the certifications required by item (34) thereof, if applicable.

Appears in 1 contract

Sources: Indenture (Microsemi Corp)

Restricted Definitive Notes to Restricted Definitive Notes. Any Restricted Definitive Note may be transferred to and registered in the name of Persons who take delivery thereof in the form of a Restricted Definitive Note if the Registrar receives the following:: ​ (A) if the transfer will be made pursuant to a QIB in accordance with Rule 144A, a certificate in the form of Exhibit B hereto, including the certifications in item (1) thereof;; ​ (B) if the transfer will be made pursuant to Rule 903 or Rule 904, a certificate in the form of Exhibit B hereto, including the certifications in item (2) thereof; orand ​ ​ ​ ​ (C) if the transfer will be made pursuant to any other exemption from the registration requirements of the Securities Act, a certificate in the form of Exhibit B hereto, including the certifications certifications, certificates and Opinion of Counsel required by item (3) thereof, if applicable.

Appears in 1 contract

Sources: Indenture (Videotron Ltee)

Restricted Definitive Notes to Restricted Definitive Notes. Any Restricted Definitive Note may be transferred to and registered in the name of Persons who take delivery thereof in the form of a Restricted Definitive Note if the Registrar receives the following: (A) if the transfer will be made pursuant to a QIB in accordance with Rule 144A, a certificate in the form of Exhibit B hereto, including the certifications in item (1) thereof;; ​ (B) if the transfer will be made pursuant to Rule 903 or Rule 904, a certificate in the form of Exhibit B hereto, including the certifications in item (2) thereof; orand (C) if the transfer will be made pursuant to any other exemption from the registration requirements of the Securities Act, a certificate in the form of Exhibit B hereto, including the certifications certifications, certificates and Opinion of Counsel required by item (3) thereof, if applicable.

Appears in 1 contract

Sources: Indenture (Videotron Ltee)

Restricted Definitive Notes to Restricted Definitive Notes. Any Restricted Definitive Note may be transferred to and registered in the name of Persons who take delivery thereof in the form of a Restricted Definitive Note if the Registrar receives the following: : (A2) if the transfer will be made pursuant to a QIB in accordance with Rule 144A, then the transferor must deliver a certificate in the form of Exhibit B hereto, including the certifications in item (1) thereof; ; (B3) if the transfer will be made pursuant to Rule 903 or Rule 904, then the transferor must deliver a certificate in the form of Exhibit B hereto, including the certifications in item (2) thereof; or and (C4) if the transfer will be made pursuant to any other exemption from the registration requirements of the Securities Act, then the transferor must deliver a certificate in the form of Exhibit B hereto, including the certifications required by item . (3) thereof, if applicable.5)

Appears in 1 contract

Sources: First Supplemental Indenture (Spirit Realty Capital, Inc.)

Restricted Definitive Notes to Restricted Definitive Notes. Any Restricted Definitive Note may be transferred to and registered in the name of Persons who take delivery thereof in the form of a Restricted Definitive Note if the Registrar receives the following: (A) if the transfer will shall be made pursuant to a QIB in accordance with Rule 144A144A under the Securities Act, then the transferor must deliver a certificate in the form of Exhibit B heretoEXHIBIT B, including the certifications in item (1) thereof; (B) if the transfer will be made pursuant to Rule 903 or Rule 904, a certificate in the form of Exhibit B hereto, including the certifications in item (2) thereof[INTENTIONALLY OMITTED]; orand (C) if the transfer will shall be made pursuant to any other exemption from the registration requirements of the Securities Act, then the transferor must deliver a certificate in the form of Exhibit B heretoEXHIBIT B, including the certifications certifications, certificates and Opinion of Counsel required by item (3) thereof, if applicable.

Appears in 1 contract

Sources: Indenture (Solo Texas, LLC)

Restricted Definitive Notes to Restricted Definitive Notes. Any Restricted Definitive Note may be transferred to and registered in the name of 37 Persons who take delivery thereof in the form of a Restricted Definitive Note if the Registrar receives the following: (A) if the transfer will be made pursuant to a QIB in accordance with Rule 144A, a certificate in the form of Exhibit B hereto, including the certifications in item (1) thereof; (B) if the transfer will be made pursuant to Rule 903 or Rule 904, a certificate in the form of Exhibit B hereto, including the certifications in item (2) thereof; orand (C) if the transfer will be made pursuant to any other exemption from the registration requirements of the Securities Act, a certificate in the form of Exhibit B hereto, including the certifications certifications, certificates and Opinion of Counsel required by item (3) thereof, if applicable.

Appears in 1 contract

Sources: Indenture (Cast Alloys Inc)

Restricted Definitive Notes to Restricted Definitive Notes. Any Restricted Definitive Note may be transferred to and registered in the name of Persons who take delivery thereof in the form of a Restricted Definitive Note if the Note Registrar receives the following: (A) if the transfer will shall be made pursuant to a QIB in accordance with Rule 144A, a certificate in the form of Exhibit B hereto, including the certifications in item (1) thereof;, (B) if the transfer will shall be made pursuant to Rule 903 or Rule 904, a certificate in the form of Exhibit B hereto, including the certifications in item (2) thereof; or, and (C) if the transfer will shall be made pursuant to any other exemption from the registration requirements of the Securities ActAct pursuant to Rule 144, a certificate in the form of Exhibit B hereto, including the certifications certifications, certificates and Opinion of Counsel required by item (3) thereof, if applicable.

Appears in 1 contract

Sources: Indenture (MF Global Ltd.)

Restricted Definitive Notes to Restricted Definitive Notes. Any Restricted Definitive Note may be transferred to and registered in the name of Persons who take delivery thereof in the form of a Restricted Definitive Note if the Registrar receives the following: (A) A. if the transfer will be made pursuant to a QIB in accordance with Rule 144A, then the transferor must deliver a certificate in the form duly completed Certificate of Exhibit B heretoTransfer, including the certifications in item (1) thereof; (B) B. if the transfer will be made pursuant to Rule 903 or Rule 904, 904 then the transferor must deliver a certificate in the form duly completed Certificate of Exhibit B heretoTransfer, including the certifications in item clause (2) thereof; or (C) C. if the transfer will be made pursuant to any other exemption from the registration requirements of the Securities Act, then the transferor must deliver a certificate in the form duly completed Certificate of Exhibit B heretoTransfer, including the certifications required by item clause (34) thereof, if applicable.

Appears in 1 contract

Sources: Indenture (GoDaddy Inc.)

Restricted Definitive Notes to Restricted Definitive Notes. Any Restricted Definitive Note may be transferred to and registered in the name of Persons who take delivery thereof in the form of a Restricted Definitive Note if the Registrar receives the following: (A) if the transfer will be made pursuant to a QIB in accordance with Rule 144A, then the transferor must deliver a certificate in the form duly completed Certificate of Exhibit B heretoTransfer, including the certifications in item (1) thereof; (B) if the transfer will be made pursuant to Rule 903 or Rule 904, 904 then the transferor must deliver a certificate in the form duly completed Certificate of Exhibit B heretoTransfer, including the certifications in item (2) thereof; or (C) if the transfer will be made pursuant to any other exemption from the registration requirements of the Securities Act, then the transferor must deliver a certificate in the form duly completed Certificate of Exhibit B heretoTransfer, including the certifications required by item (34) thereof, if applicable.

Appears in 1 contract

Sources: Indenture (SS&C Technologies Holdings Inc)

Restricted Definitive Notes to Restricted Definitive Notes. Any Restricted Definitive Note may be transferred to and registered in the name of Persons who take delivery thereof in the form of a Restricted Definitive Note if the Registrar receives the following: (A1) if the transfer will be made pursuant to a QIB in accordance with Rule 144A, then the transferor must deliver a certificate in the form of Exhibit B heretoD, including the certifications in item (1) thereof; (B2) if the transfer will be made pursuant to Rule 903 or Rule 904, then the transferor must deliver a certificate in the form of Exhibit B heretoD, including the certifications in item (2) thereof; orand (C3) if the transfer will be made pursuant to any other exemption from the registration requirements of the Securities Act, then the transferor must deliver a certificate in the form of Exhibit B heretoD, including the certifications certifications, certificates and Opinion of Counsel required by item (3) thereof, if applicable.

Appears in 1 contract

Sources: Indenture (United Maritime Group, LLC)