Common use of Restricted Global Note to Restricted Definitive Note Clause in Contracts

Restricted Global Note to Restricted Definitive Note. In connection with the Exchange of the Owner’s beneficial interest in a Restricted Global Note for a Restricted Definitive Note with an equal principal amount, the Owner hereby certifies that the Restricted Definitive Note is being acquired for the Owner’s own account without transfer. Upon consummation of the proposed Exchange in accordance with the terms of the Indenture, the Restricted Definitive Note issued will continue to be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the Restricted Definitive Note and in the Indenture and the Securities Act. *NOTE: Exchange under this clause (a) is available only under the limited circumstances set forth under Section 2.4 of Appendix A of the Indenture. Exchange pursuant to this clause (a) shall not be permitted if such circumstances have not occurred.

Appears in 2 contracts

Sources: Indenture (Capmark Finance Inc.), Indenture (Capmark Finance Inc.)