Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers may require the Holder of the Note to deliver it to the Trustee. The Issuers shall provide the Trustee with an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expense. Alternatively, if the Issuers or the Trustee so determines, the Issuers in exchange for the Note shall issue, and the Trustee shall authenticate, a new Note that reflects the changed terms. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 51 contracts
Sources: Indenture (Ryman Hospitality Properties, Inc.), Indenture (JBS B.V.), Indenture (JBS B.V.)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Issuer may require the Holder of the Note to deliver it to the Trustee. The Issuers Issuer shall provide the Trustee with an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at the Issuers’ Issuer’s expense. Alternatively, if the Issuers Issuer or the Trustee so determines, the Issuers Issuer in exchange for the Note shall issue, and the Trustee shall authenticate, a new Note that reflects the changed terms. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 47 contracts
Sources: Supplemental Indenture (CoreCivic, Inc.), Third Supplemental Indenture (CoreCivic, Inc.), Indenture (Omega Healthcare Investors Inc)
Notation on or Exchange of Notes. If an amendment, modification or supplement or waiver changes the terms of a Note, the Issuers Issuer or the Trustee may require the Holder of the Note to deliver it to the Trustee. The Issuers shall provide the Trustee with may place an appropriate notation on the Note about and on any Note subsequently authenticated regarding the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expenseHolder. Alternatively, if the Issuers or the Trustee Issuer so determines, the Issuers Issuer in exchange for the Note shall issue, and the Trustee shall authenticate, a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, supplement modification or waiversupplement.
Appears in 32 contracts
Sources: Indenture (Carnival PLC), Indenture (Carnival PLC), Indenture (Carnival PLC)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Issuer may require the Holder of the Note to deliver it to the Trustee. The Issuers Issuer shall provide the Trustee with an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at the Issuers’ Issuer’s expense. Alternatively, if the Issuers Issuer or the Trustee so determines, the Issuers Issuer in exchange for the Note shall issue, issue and the Trustee shall authenticate, authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 29 contracts
Sources: Indenture (Sensata Technologies Holding PLC), Indenture (Sensata Technologies Holding PLC), Indenture (Sensata Technologies Holding PLC)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Issuer may require the Holder holder of the Note to deliver it to the Trustee. The Issuers shall provide the Trustee with may place an appropriate notation on the Note about regarding the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expenseholder. Alternatively, if the Issuers Issuer or the Trustee so determinesdetermine, the Issuers Issuer in exchange for the Note shall issueissue and, and upon written order of the Issuer signed by an Officer, the Trustee shall authenticate, authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 25 contracts
Sources: Indenture (QXO, Inc.), Indenture (Outbrain Inc.), Indenture (Rackspace Technology, Inc.)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Trustee may require the Holder of the Note to deliver it to the TrusteeTrustee or require the Holder to put an appropriate notation on the Note. The Issuers shall provide the Trustee with may place an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expenseHolder. Alternatively, if the Issuers Company or the Trustee so determines, the Issuers Company in exchange for the Note shall issue, issue and the Trustee shall authenticate, authenticate a new Note that reflects the changed terms. Failure Any failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 19 contracts
Sources: Indenture (MTR Gaming Group Inc), Indenture (Hong Kong Television Network LTD), Indenture (Transtexas Gas Corp)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Issuer may require the Holder of the Note to deliver it to the Indenture Trustee. The Issuers shall provide the Indenture Trustee with may place an appropriate notation on the Note about regarding the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expenseHolder. Alternatively, if the Issuers Issuer or the Indenture Trustee so determines, the Issuers Issuer in exchange for the Note shall issue, issue and the Trustee Indenture Trustee, in accordance with an Issuer Order, shall authenticate, authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 18 contracts
Sources: Master Transaction Agreement (Emergent Capital, Inc.), Master Transaction Agreement (Emergent Capital, Inc.), Master Transaction Agreement (Emergent Capital, Inc.)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers may require the Holder holder of the Note to deliver it to the Trustee. The Issuers shall provide the Trustee with may place an appropriate notation on the Note about regarding the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expenseholder. Alternatively, if the Issuers or the Trustee so determinesdetermine, the Issuers in exchange for the Note shall issueissue and, and upon written order of each Issuer signed by an Officer, the Trustee shall authenticate, authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 18 contracts
Sources: Indenture (EP Energy Corp), Exchange Agreement (Talos Energy Inc.), Indenture (Talos Energy Inc.)
Notation on or Exchange of Notes. If an amendment, supplement supplement, or waiver changes the terms of a Note, the Issuers may require Trustee (in accordance with the specific written direction of the Issuer) shall request the Holder (in accordance with the specific written direction of the Note Issuer) to deliver it to the Trustee. The Issuers shall provide In such case, the Trustee with shall place an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expenseHolder. Alternatively, if the Issuers Issuer or the Trustee so determines, the Issuers Issuer in exchange for the Note shall issue, issue and the Trustee shall authenticate, authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 15 contracts
Sources: Indenture (IAC Inc.), Indenture (News Corp), Indenture (Match Group, Inc.)
Notation on or Exchange of Notes. If an amendment, supplement or waiver amendment changes the terms of a Note, the Issuers Trustee may require the Holder of the Note to deliver it to the Trustee. The Issuers shall provide the Trustee with so an appropriate notation may be reflected therein. The Trustee may also place an appropriate notation about an amendment, supplement or waiver on the any Note about the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expensethereafter authenticated. Alternatively, if the Issuers or the Trustee so determines, the Issuers Issuer in exchange for the Note shall issue, all Notes may issue and the Trustee shall authenticateshall, a upon receipt of an Authentication Order, authenticate new Note Notes that reflects reflect the changed termsamendment, supplement or waiver. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 15 contracts
Sources: Indenture (FTAI Aviation Ltd.), Indenture (FTAI Aviation Ltd.), Indenture (FTAI Aviation Ltd.)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Trustee may require the Holder of the such Note to deliver it to the Trustee. The Issuers shall provide the Trustee with may place an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expenseHolder. Alternatively, if the Issuers Company or the Trustee so determines, the Issuers Company in exchange for the Note shall issue, issue and the Trustee shall authenticate, authenticate a new Note that reflects the changed terms. Any such notation or exchange shall be made at the sole cost and expense of the Company. Failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 8 contracts
Sources: Indenture (Terex Corp), Indenture (Terex Corp), Indenture (Wellman North America Inc)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, :
(a) the Issuers Trustee may require the Holder of the a Note to deliver it such Note to the Trustee. The Issuers shall provide , the Trustee with may place an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at and the Issuers’ expense. Alternatively, Trustee may place an appropriate notation on any Note thereafter authenticated; or
(b) if the Issuers Company or the Trustee so determines, the Issuers Company in exchange for the Note shall issue, issue and the Trustee shall authenticate, authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 7 contracts
Sources: Indenture (Lear Corp), Indenture (Lear Corp /De/), Indenture (Lear Corp /De/)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Issuer may require the Holder of the Note to deliver it to the Trustee. The Issuers Issuer shall provide the Trustee with an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at the Issuers’ Issuer's expense. Alternatively, if the Issuers Issuer or the Trustee so determines, the Issuers Issuer in exchange for the Note shall issue, issue and the Trustee shall authenticate, authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 7 contracts
Sources: Indenture (Nortek Inc), Indenture (Nortek Inc), Indenture (Nortek Inc)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers may require the Holder holder of the Note to deliver it to the Trustee. The Issuers shall provide the Trustee with may place an appropriate notation on the Note about regarding the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expenseholder. Alternatively, if the Issuers or the Trustee so determinesdetermine, the Issuers in exchange for the Note shall issueissue and, and upon written order of the Issuers signed by an Officer, the Trustee shall authenticate, authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 6 contracts
Sources: Indenture (Garrett Motion Inc.), Indenture (ADT Inc.), Indenture (Muzak Capital, LLC)
Notation on or Exchange of Notes. If an amendment, supplement supplement, modification or waiver changes the terms of a Note, the Issuers may require the each Holder of the a Note to deliver it to the Trustee. The Issuers shall provide the Trustee with an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expense. Alternatively, if the Issuers or the Trustee so determinesdetermine, the Issuers in exchange for the Note shall issueissue and, and upon receipt of written direction from the Issuers, the Trustee shall authenticate, authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement supplement, modification or waiver.
Appears in 5 contracts
Sources: Indenture (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Indenture (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Indenture (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, :
(a) the Issuers Trustee may require the Holder of the a Note to deliver it such Notes to the Trustee. The Issuers shall provide , the Trustee with may place an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at and the Issuers’ expense. Alternatively, Trustee may place an appropriate notation on any Note thereafter authenticated; or
(b) if the Issuers Issuer or the Trustee so determines, the Issuers Issuer in exchange for the Note shall issue, issue and the Trustee shall authenticate, authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 5 contracts
Sources: First Supplemental Indenture (Lions Gate Entertainment Corp /Cn/), Supplemental Indenture (Lions Gate Entertainment Corp /Cn/), Indenture (Lions Gate Entertainment Inc)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers may require the Holder holder of the Note to deliver it to the Trustee. The Issuers shall provide the Trustee with may place an appropriate notation on the Note about regarding the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expenseholder. Alternatively, if the Issuers or the Trustee so determinesdetermine, the Issuers in exchange for the Note shall issueissue and, and upon written order of the Issuers signed by an Officer of each Issuer, the Trustee shall authenticate, authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 4 contracts
Sources: Indenture (XBP Global Holdings, Inc.), Indenture (Exela Technologies, Inc.), Restructuring Support Agreement (Exela Technologies, Inc.)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Issuer may require the Holder of the Note to deliver it to the Trustee. The Issuers Issuer shall provide the Trustee with an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at the Issuers’ Issuer’s expense. Alternatively, if the Issuers Issuer or the Trustee so determinesdetermine, the Issuers Issuer in exchange for the Note shall issue, and the Trustee shall authenticate, a new Note that reflects the changed terms. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 4 contracts
Sources: Indenture (Navios Maritime Holdings Inc.), Indenture (Navios Maritime Holdings Inc.), Indenture (Global Ship Lease, Inc.)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Issuer may require the Holder holder of the such Note to deliver it to the First Lien Trustee. The Issuers shall provide the First Lien Trustee with may place an appropriate notation on the such Note about regarding the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expenseholder. Alternatively, if the Issuers Issuer or the First Lien Trustee so determinesdetermine, the Issuers Issuer in exchange for the such Note shall issueissue and, and upon written order of the Issuer signed by an Officer, the First Lien Trustee shall authenticate, authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 4 contracts
Sources: Indenture (Mallinckrodt PLC), Indenture (Mallinckrodt PLC), Indenture (Mallinckrodt PLC)
Notation on or Exchange of Notes. If an amendment, modification or supplement or waiver changes the terms of a Note, the Issuers Issuer or Trustee may require the Holder of the Note to deliver it its Notes to the Trustee. The Issuers shall provide the Trustee with may place an appropriate notation on the Note about and on any Note subsequently authenticated regarding the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expenseHolder. Alternatively, if the Issuers or the Trustee Issuer so determines, the Issuers Issuer in exchange for the Note shall issue, issue and the Trustee shall authenticateshall, a upon receipt of an Authentication Order, authenticate new Note Notes that reflects reflect the changed termsamendment, supplement or waiver. Failure to make the appropriate notation or issue a new Note shall will not affect the validity and effect of such amendment, supplement or waiver.
Appears in 4 contracts
Sources: Indenture (Compton Petroleum Holdings CORP), Indenture (Compton Petroleum Holdings CORP), Indenture (Compton Petroleum Holdings CORP)
Notation on or Exchange of Notes. If an amendment, supplement or waiver amendment changes the terms of a Note, the Issuers Trustee may require the Holder holder of the Note to deliver it such Note to the Trustee. The Issuers shall provide the Trustee with may place an appropriate notation on the Note about regarding the changed terms and cause the Trustee to return it such Note to the Holder at holder of the Issuers’ expenseNote. Alternatively, if the Issuers Issuer or the Trustee so determines, the Issuers Issuer in exchange for the Note shall issue, issue and the Trustee Trustee, upon written order of the Issuer pursuant to Section 2.03, shall authenticate, authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 4 contracts
Sources: Indenture (PT Indosat TBK), Indenture (PT Indosat TBK), Indenture (P T Indosat TBK)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers may require the Holder of the Note to deliver it to the Trustee. The Issuers shall provide the Trustee with an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expense. Alternatively, if the Issuers or the Trustee so determinesdetermine, the Issuers in exchange for the Note shall issue, issue and the Trustee shall authenticateshall, upon receipt of an Authentication Order, authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 4 contracts
Sources: Indenture (Coty Inc.), Indenture (Coty Inc.), Indenture (Coty Inc.)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Issuer may require the Holder of the Note to deliver it to the Trustee. The Issuers shall provide Trustee (or the Trustee with an appropriate Registrar, at the direction of the Trustee) at the direction of the Issuer may place a notation on the Note about regarding the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expenseHolder. Alternatively, if the Issuers or the Trustee Issuer so determines, the Issuers Issuer in exchange for the Note shall issue, issue and the Trustee or the Authenticating Agent shall authenticate, authenticate a new Note that reflects the changed terms. Failure to make the appropriate a notation or to issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 3 contracts
Sources: Supplemental Indenture (Kronos Worldwide Inc), Indenture (Kronos Worldwide Inc), Indenture (Kronos Worldwide Inc)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Issuer may require the Holder holder of the Note to deliver it to the Trustee. The Issuers shall provide the Trustee with may place an appropriate notation on the Note about regarding the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expenseholder. Alternatively, if the Issuers Issuer or the Trustee so determinesdetermine, the Issuers Issuer in exchange for the Note shall issueissue and, and upon written order of the Issuer signed by an Authorized Officer, the Trustee shall authenticate, authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 3 contracts
Sources: Indenture (Talos Energy Inc.), Indenture (Talos Energy Inc.), Indenture (Talos Energy Inc.)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers may require the Holder of the Note to deliver it to the Trustee. The Issuers shall provide the Trustee with an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expense. Alternatively, if the Issuers or the Trustee so determinesdetermine, the Issuers in exchange for the Note shall issue, issue and the Trustee shall authenticate, authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 3 contracts
Sources: Indenture (Warner Chilcott PLC), Indenture (Universal City Travel Partners), Indenture (Universal City Travel Partners)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Trustee may require the Holder of the Note to deliver it to the Trustee. The Issuers shall provide the Trustee with may place an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expenseHolder. Alternatively, if the Issuers Company or the Trustee so determines, the Issuers Company in exchange for the Note shall issue, issue and the Trustee shall authenticate, authenticate a new Note that reflects the changed terms. Any such notation or exchange shall be made at the sole cost and expense of the Company. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 3 contracts
Sources: Indenture (Royal Oak Mines Inc), Indenture (Railworks Corp), Indenture (Aerosol Services Co Inc)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Issuer may require the Holder of the Note to deliver it to the Trustee. The Issuers Issuer shall provide the Trustee with an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at the Issuers’ Issuer's expense. Alternatively, if the Issuers Issuer or the Trustee so determines, the Issuers Issuer in exchange for the Note shall issue, and the Trustee shall authenticate, a new Note that reflects the changed terms. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 3 contracts
Sources: Indenture (Ply Gem Industries Inc), Indenture (Inverness Medical Innovations Inc), Indenture (Communications & Power Industries Inc)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Issuer may require the Holder holder of the such Note to deliver it to the Second Lien Trustee. The Issuers shall provide the Second Lien Trustee with may place an appropriate notation on the such Note about regarding the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expenseholder. Alternatively, if the Issuers Issuer or the Second Lien Trustee so determinesdetermine, the Issuers Issuer in exchange for the such Note shall issueissue and, and upon written order of the Issuer signed by an Officer, the Second Lien Trustee shall authenticate, authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 3 contracts
Sources: Indenture (Mallinckrodt PLC), Indenture (Mallinckrodt PLC), Indenture (Mallinckrodt PLC)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers may require the Holder of the Note to deliver it to the Trustee. The Issuers shall provide the Trustee with an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expense. Alternatively, if the Issuers or the Trustee so determines, the Issuers in exchange for the Note shall issue, issue and the Trustee shall authenticate, authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 3 contracts
Sources: Indenture (Houghton Mifflin Finance, Inc.), Indenture (Norcraft Capital Corp.), Indenture (Norcraft Holdings, L.P.)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Trustee may require the Holder of the Note to deliver it to the Trustee. The Issuers shall provide At the Company's expense, the Trustee with may place an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at and the Issuers’ expenseTrustee may place an appropriate notation on any Note thereafter authenticated. Alternatively, if the Issuers Company or the Trustee so determines, the Issuers Company in exchange for the Note shall issue, issue and the Trustee shall authenticate, authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation notation, or issue a new Note Note, shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 3 contracts
Sources: Indenture (Knology Holdings Inc /Ga), Indenture (Itc Deltacom Inc), Indenture (Knology Inc)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Trustee may require the Holder of the Note to deliver it to the Trustee. The Issuers shall provide the Trustee with may place an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at and the Issuers’ expenseTrustee may place an appropriate notation on any Note thereafter authenticated. Alternatively, if the Issuers Company or the Trustee so determines, the Issuers Company in exchange for the Note shall issue, issue and the Trustee shall authenticate, authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation notation, or issue a new Note Note, shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 3 contracts
Sources: Indenture (Dobson Communications Corp), Indenture (Dobson Communications Corp), Indenture (Dobson Wireline Co)
Notation on or Exchange of Notes. If an amendment, supplement or waiver amendment changes the terms of a Note, the Issuers may Trustee may, but shall have no obligation to, require the Holder of the Note to deliver it to the Trustee. The Issuers shall provide the Trustee with may place an appropriate notation on the Note about regarding the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expenseHolder. Alternatively, if the Issuers Company or the Trustee so determines, the Issuers Company in exchange for the Note shall issue, issue and the Trustee (upon receipt of a written order of the Company) shall authenticate, authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 3 contracts
Sources: Second Supplemental Indenture (Greenidge Generation Holdings Inc.), Second Supplemental Indenture (Greenidge Generation Holdings Inc.), Second Supplemental Indenture (Greenidge Generation Holdings Inc.)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Issuer may require the Holder of the Note to deliver it to the Trustee. The Issuers shall provide the Trustee with may place an appropriate notation on the Note about regarding the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expenseHolder. Alternatively, if the Issuers Issuer or the Trustee so determines, the Issuers Issuer in exchange for the Note shall issueissue and, and upon a written order of the Issuer signed by an Officer, the Trustee shall authenticate, authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 3 contracts
Sources: Indenture (ACCO BRANDS Corp), Indenture (ACCO BRANDS Corp), Indenture (Acco Brands Corp)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers may require the Holder of the Note to deliver it to the Trustee. The Trustee (or the Registrar, at the direction of the Trustee) at the direction of the Issuers shall provide the Trustee with an appropriate may place a notation on the Note about regarding the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expenseHolder. Alternatively, if the Issuers or the Trustee so determinesdetermine, the Issuers in exchange for the Note shall issue, issue and the Trustee or the Authenticating Agent shall authenticate, authenticate a new Note that reflects the changed terms. Failure to make the appropriate a notation or to issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 2 contracts
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Issuer or the Trustee may require the Holder of the Note to deliver it to the Trustee. The Issuers shall provide Issuer may instruct the Trustee with an appropriate to place a notation designated by the Issuer on the Note about regarding the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expenseHolder. Alternatively, if the Issuers Issuer or the Trustee so determines, the Issuers Issuer in exchange for the Note shall issue, issue and the Trustee shall authenticate, authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 2 contracts
Sources: Indenture (Ultra Petroleum Corp), Exchange Agreement (Ultra Petroleum Corp)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a NoteNote of any series, the Issuers may require the Holder of the such Note to deliver it to the Trustee. The Issuers shall provide the Trustee with an appropriate notation on the such Note about the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expense. Alternatively, if the Issuers or the Trustee so determines, the Issuers in exchange for the such Note shall issue, and the Trustee shall authenticate, a new Note of such series that reflects the changed terms. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 2 contracts
Sources: Indenture (Pocatello Idaho Property, L.L.C.), Indenture (Pocatello Idaho Property, L.L.C.)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Issuer may require the Holder of the Note to deliver it to the Trustee. The Issuers shall provide the Trustee with may place an appropriate notation on the Note about regarding the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expenseHolder. Alternatively, if the Issuers Issuer or the Trustee so determinesdetermine, the Issuers Issuer in exchange for the Note shall issueissue and, and upon written order of the Issuer signed by a Responsible Officer, the Trustee shall authenticate, authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 2 contracts
Sources: Indenture (Fresh Market Holdings, Inc.), Indenture (Fresh Market Holdings, Inc.)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Trustee may require the Holder of the Note to deliver it to the Trustee. The Issuers shall provide the Trustee with may place an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at and the Issuers’ expenseTrustee may place an appropriate notation on any Note thereafter authenticated. Alternatively, if the Issuers Issuer or the Trustee so determines, the Issuers Issuer in exchange for the Note shall issue, issue and the Trustee shall authenticate, authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 2 contracts
Sources: Indenture (Kansas City Southern), Indenture (Kansas City Southern)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Issuer may require the Holder of the Note to deliver it to the Trustee. The Issuers shall provide the Trustee with Issuer may place an appropriate notation on the Note about regarding the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expenseHolder. Alternatively, if the Issuers Issuer or the Trustee so determinesdetermine, the Issuers Issuer in exchange for the Note shall issueissue and, and upon written order of the Issuer signed by an Officer, the Trustee shall authenticate, authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 2 contracts
Sources: Indenture (Coronado Global Resources Inc.), Indenture (Coronado Global Resources Inc.)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers may require the Holder of the Note to deliver it to the Trustee. The Issuers Issuer shall provide the Trustee with an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expense. Alternatively, if the Issuers Issuer or the Trustee so determines, the Issuers in exchange for the Note shall issue, issue and the Trustee shall authenticate, authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 2 contracts
Sources: Indenture (Westmoreland Energy LLC), Indenture (WESTMORELAND COAL Co)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Issuer may require the Holder holder of the Note to deliver it to the Trustee. The Issuers shall provide the Trustee with may place an appropriate notation on the Note about regarding the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expenseholder. Alternatively, if the Issuers Issuer or the Trustee so determinesdetermine, the Issuers Issuer in exchange for the Note shall issueissue and, and upon receipt of an Authentication Order signed by an Officer, the Trustee shall authenticate, authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 2 contracts
Sources: Fourth Supplemental Indenture (Sunnova Energy International Inc.), Fourth Supplemental Indenture (Sunnova Energy International Inc.)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Issuer may require the Holder of the Note to deliver it to the Trustee. The Issuers shall provide the Trustee with may place an appropriate notation on the Note about regarding the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expenseHolder. Alternatively, if the Issuers or the Trustee Issuer so determines, the Issuers Issuer in exchange for the Note shall issue, issue and upon receipt of an Authentication Order the Trustee (or its Authenticating Agent) shall authenticate, authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 2 contracts
Sources: Indenture (Dave & Buster's Entertainment, Inc.), Indenture (At Home Group Inc.)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Issuer may require the Holder of the Note to deliver it to the Trustee. The Issuers Issuer shall provide the Trustee with an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at the Issuers’ Issuer's expense. Alternatively, if the Issuers Issuer or the Trustee so determines, the Issuers Issuer in exchange for the Note shall issue, and the Trustee shall authenticate, a new Note that reflects the changed terms. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 2 contracts
Sources: Indenture (MAAX Holdings, Inc.), Indenture (MAAX Holding Co.)
Notation on or Exchange of Notes. If an amendment, supplement supplement, modification or waiver changes the terms of a Note, the Issuers Issuer may require the each Holder of the a Note to deliver it to the Trustee. The Issuers Issuer shall provide the Trustee with an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at the Issuers’ Issuer’s expense. Alternatively, if the Issuers or the Trustee Issuer so determines, the Issuers Issuer in exchange for the Note shall issue, issue and the Trustee shall authenticate, authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement supplement, modification or waiver.
Appears in 1 contract
Sources: Indenture (Arbor Realty Trust Inc)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a NoteNote of any series, the Issuers Issuer may require the Holder holder of the such Note to deliver it to the Trustee. The Issuers shall provide the Trustee with may place an appropriate notation on the such Note about regarding the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expenseholder. Alternatively, if the Issuers Issuer or the Trustee so determinesdetermine, the Issuers Issuer in exchange for the such Note shall issueissue and, and upon written order of the Issuer signed by an Officer, the Trustee shall authenticate, authenticate a new Note of the same series that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 1 contract
Sources: Indenture (Mallinckrodt PLC)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Trustee may require the Holder of the Note to deliver it to the Trustee. The Issuers shall provide the Trustee with may place an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at and the Issuers’ expenseTrustee may place an appropriate notation on any Note thereafter authenticated. Alternatively, if the Issuers Company or the Trustee so determines, the Issuers Company in exchange for the Note shall issue, and the Trustee shall authenticate, a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 1 contract
Sources: Indenture (Scotsman Industries Inc)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Issuer may require the Holder of the Note thereof to deliver it to the Trustee. The Issuers shall provide the Trustee with may place an appropriate notation on the Note about regarding the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expenseHolder. Alternatively, if the Issuers Issuer or the Trustee so determinesdetermine, the Issuers Issuer in exchange for the Note shall issueissue and, and upon receipt of an Authentication Order, the Trustee shall authenticate, authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 1 contract
Sources: Indenture (Emergent Capital, Inc.)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Issuer may require the Holder of the Note to deliver it to the Trustee. The Issuers Issuer shall provide the Trustee Trus- tee with an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at the Issuers’ Issuer's expense. Alternatively, if the Issuers Issuer or the Trustee so determines, the Issuers Issuer in exchange for the Note shall issue, issue and the Trustee shall authenticate, authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 1 contract
Sources: Indenture (Nortek Inc)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Issuer may require the Holder of the Note to deliver it to the Trustee. The Issuers shall provide the Trustee with Issuer may place an appropriate notation on the Note about regarding the changed terms and cause the Trustee to return it to the Holder at the Issuers’ Issuer’s expense. Alternatively, if the Issuers Issuer or the Trustee so determinesdetermine, the Issuers Issuer in exchange for the Note shall issue, issue and the Trustee shall authenticate, authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 1 contract
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Issuer may require the Holder holder of the Note to deliver it to the Trustee. The Issuers shall provide the Trustee with may place an appropriate notation on the Note about regarding the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expenseholder. Alternatively, if the Issuers Issuer or the Trustee so determinesdetermine, the Issuers Issuer in exchange for the Note shall issueissue and, and upon written order of the Issuer signed by an Officer, the Trustee shall authenticate, authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 1 contract
Sources: Indenture (TopBuild Corp)
Notation on or Exchange of Notes. If an amendment, modification or supplement or waiver changes the terms of a Note, the Issuers Issuer or Indenture Trustee may require the Holder of the Note to deliver it to the Indenture Trustee. The Issuers shall provide the Indenture Trustee with may place an appropriate notation on the Note about and on any Note subsequently authenticated regarding the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expenseHolder. Alternatively, if the Issuers or the Trustee Issuer so determines, the Issuers Issuer in exchange for the Note shall issue, issue and upon Issuer Order the Indenture Trustee shall authenticate, authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, supplement modification or waiversupplement.
Appears in 1 contract
Sources: Indenture
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers may require the Holder of the Note to deliver it to the Trustee. The Issuers shall provide the Trustee with an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expense. Alternatively, if the Issuers or the Trustee so determines, the Issuers in exchange for the Note shall issue, and the Trustee shall will authenticate, a new Note that reflects the changed terms. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 1 contract
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Issuer may require the Holder of the Note to deliver it to the Trustee. The Issuers Issuer shall provide the Trustee with an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at the Issuers’ Issuer’s expense. Alternatively, if the Issuers Issuer or the Trustee so determinesdetermine, the Issuers Issuer in exchange for the Note shall issue, issue and the Trustee shall authenticate, authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 1 contract
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers may require the Holder of the Note to deliver it to the Trustee. The Issuers shall provide the Trustee with an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at the Issuers’ ' expense. Alternatively, if the Issuers or the Trustee so determines, the Issuers in exchange for the Note shall issue, issue and the Trustee shall authenticate, authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 1 contract
Sources: Indenture (Norcraft Companies Lp)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Trustee may require the Holder of the Note to deliver it to the Trustee. The Issuers shall provide the Trustee with may place an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at and the Issuers’ expenseTrustee may place an appropriate notation on any Note thereafter authenticated. Alternatively, if the Issuers Company or the Trustee so determinesdetermined, the Issuers Company in exchange for the Note shall issue, issue and the Trustee shall authenticate, authenticate a new Note that 72 reflects the changed terms. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 1 contract
Sources: Indenture (Innova S De Rl)
Notation on or Exchange of Notes. If an amendment, supplement or waiver amendment changes the terms of a Note, the Issuers Trustee may require the Holder of the Note to deliver it to the Trustee. The Issuers shall provide the Trustee with so an appropriate notation may be reflected therein. The Trustee may also place an appropriate notation about an amendment, supplement or waiver on the any Note about the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expensethereafter authenticated. Alternatively, if the Issuers or the Trustee so determines, the Issuers in exchange for the Note shall issue, all Notes may issue and the Trustee shall authenticateshall, a upon receipt of an Authentication Order, authenticate new Note Notes that reflects reflect the changed termsamendment, supplement or waiver. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 1 contract
Sources: Indenture (CONDUENT Inc)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, :
(a) the Issuers Trustee may require the Holder of the a Note to deliver it such Note to the Trustee. The Issuers shall provide , the Trustee with may place an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at and the Issuers’ expense. Alternatively, Trustee may place an appropriate notation on any Note thereafter authenticated; or
(b) if the Issuers Issuer or the Trustee so determines, the Issuers Issuer in exchange for the Note shall issue, issue and the Trustee shall authenticate, authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 1 contract
Sources: Indenture (BMB Munai Inc)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Issuer may require the Holder holder of the Note to deliver it to the Trustee. The Issuers shall provide the Trustee with Issuer may place an appropriate notation on the Note about regarding the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expenseholder. Alternatively, if the Issuers Issuer or the Trustee so determinesdetermine, the Issuers Issuer in exchange for the Note shall issueissue and, and upon written order of the Issuer signed by an Officer, the Trustee shall authenticate, authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 1 contract
Sources: Indenture (Interface Inc)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Issuer may require the Holder Noteholder of the Note to deliver it to the Trustee. The Issuers shall provide the Trustee with may place an appropriate notation on the Note about regarding the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expenseNoteholder. Alternatively, if the Issuers Issuer or the Trustee so determinesdetermine, the Issuers Issuer in exchange for the Note shall issueissue and, and upon written order of the Issuer signed by a Responsible Officer, the Trustee shall authenticate, authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 1 contract
Sources: Indenture (Wolfspeed, Inc.)
Notation on or Exchange of Notes. If an amendment, supplement or waiver amendment changes the terms of a Note, the Issuers Trustee may require the Holder of the that Note to deliver it to the Trustee. The Issuers shall provide the Trustee with may place an appropriate notation on the Note about the regarding changed terms and cause the Trustee to return it to the Holder at the Issuers’ expenseHolder. Alternatively, if the Issuers Company or the Trustee so determines, the Issuers Company in exchange for the Note shall issue, all Notes may issue and the Trustee shall authenticateshall, a upon receipt of an Authentication Order, in accordance with Section 2.02 with respect to those Notes, authenticate new Note Notes that reflects reflect the changed terms. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 1 contract
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers may require the Holder of the Note to deliver it to the Trustee. The Issuers shall provide the Trustee with an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expense. Alternatively, if the Issuers or the Trustee so determines, the Issuers in exchange for the Note shall issue, and the Trustee shall authenticate, a new Note that reflects the changed terms. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 1 contract
Sources: Indenture (Horizon Lines, Inc.)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers may require the Holder of to deliver the Note to deliver it to the Trustee. The Issuers shall provide the Trustee with an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expense. Alternatively, if the Issuers or the Trustee so determines, the Issuers in exchange for the Note shall issue, and the Trustee shall authenticate, a new Note that reflects the changed terms. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 1 contract
Sources: Indenture (CareTrust REIT, Inc.)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Issuer may require the Holder holder of the Note to deliver it to the Trustee. The Issuers shall provide At the instruction of the Issuer, the Trustee with may place an appropriate notation on the Note about regarding the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expenseholder. Alternatively, if the Issuers Issuer or the Trustee so determinesdetermine, the Issuers Issuer in exchange for the Note shall issueissue and, and upon written order of the Issuer signed by an Officer, the Trustee shall authenticate, authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 1 contract
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers may require the Holder of the Note to deliver it to the Trustee. The Issuers shall provide the Trustee with an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at the Issuers’ ' expense. Alternatively, if the Issuers or the Trustee so determinesdetermine, the Issuers in exchange for the Note shall issue, issue and the Trustee shall authenticate, authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 1 contract
Sources: Indenture (Universal City Development Partners LTD)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Issuer may require the Holder of the Note to deliver it to the Trustee. The Issuers Issuer shall provide the Trustee with an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at the Issuers’ Issuer’s expense. Alternatively, if the Issuers Issuer or the Trustee so determines, the Issuers Issuer in exchange for the Note shall issue, and the Trustee shall authenticate, a new Note that reflects the changed terms. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 1 contract
Sources: Indenture (Horizon Lines, Inc.)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Issuer may require the Holder holder of the such Note to deliver it to the Trustee. The Issuers shall provide the Trustee with may place an appropriate notation on the such Note about regarding the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expenseholder. Alternatively, if the Issuers Issuer or the Trustee so determinesdetermine, the Issuers Issuer in exchange for the such Note shall issueissue and, and upon written order of the Issuer signed by an Officer, the Trustee shall authenticate, authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 1 contract
Sources: Indenture (Mallinckrodt PLC)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Issuer may require the Holder of the Note to deliver it to the Trustee. The Issuers shall provide Trustee may at the Trustee with direction of the Issuer place an appropriate notation on the Note about regarding the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expenseHolder. Alternatively, if the Issuers or the Trustee Issuer so determines, the Issuers Issuer in exchange for the Note shall issue, issue and the Trustee shall authenticate, upon receipt of an Authentication Order, a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 1 contract
Sources: Indenture (Affinion Group, Inc.)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Trustee may require the Holder of the Note to deliver it to the Trustee. The Issuers shall provide the Trustee with may place an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at and the Issuers’ expenseTrustee may place an appropriate notation on any Note thereafter authenticated. Alternatively, if the Issuers Company or the Trustee so determines, the Issuers Company in exchange for the Note shall issue, issue and the Trustee shall authenticate, authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.. EXHIBIT 4.17
Appears in 1 contract
Sources: Indenture (Acme Metals Inc /De/)