Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) request the Holder of the Note to deliver it to the Trustee. The Trustee shall (if required by the Company and in accordance with the specific direction of the Company) place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Company or the Trustee so determines, the 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 issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 84 contracts
Sources: Indenture (WEX Inc.), Indenture (US Foods Holding Corp.), Indenture (Phinia Inc.)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) request may require the Holder of the Note to deliver it such Note to the Trustee. The Trustee shall (if required by the Company and in accordance with the specific direction of At the Company) 's expense, the Trustee may place an appropriate notation on the Note about the changed terms and return it to the HolderHolder and the Trustee may place an appropriate notation on any Note thereafter authenticated. Alternatively, if the Company or the Trustee so determines, the 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 notation, or issue a new Note Note, shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 23 contracts
Sources: Indenture (Jsce Inc), Indenture (Stone Container Corp), Indenture (Stone Container Corp)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) request may require the Holder of the Note to deliver it such Note to the Trustee. The Trustee shall (if required by the Company and in accordance with the specific direction of At the Company) ’s expense, the Trustee may place an appropriate notation on the Note about the changed terms and return it to the HolderHolder and the Trustee may place an appropriate notation on any Note thereafter authenticated. Alternatively, if the Company or the Trustee so determines, the 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 notation, or issue a new Note Note, shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 15 contracts
Sources: Indenture (Sothebys), Guaranty Agreement (Steel Dynamics Inc), Indenture (Steel Dynamics Inc)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) request may require the Holder of the Note to deliver it such Note to the Trustee. The Trustee shall (if required by the Company and in accordance with the specific direction of At the Company) ’s expense, the Trustee may place an appropriate notation on the Note about the changed terms and return it to the HolderHolder and the Trustee may place an appropriate notation on any Note thereafter authenticated. Alternatively, if the Company or the Trustee so determines, the 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 13 contracts
Sources: Indenture (Tw Telecom Inc.), Indenture (Tw Telecom Inc.), Indenture (Earthlink Inc)
Notation on or Exchange of Notes. If an amendment, supplement supplement, or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific written direction of the Company) shall request the Holder of the Note (in accordance with the specific written direction of the Company) to deliver it to the Trustee. The In such case, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) place an appropriate notation on the Note about the changed terms and return it to the HolderNoteholder. Alternatively, if the Company or the Trustee so determines, the Company in exchange for the Note shall issue issue, the Guarantors shall endorse, 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 10 contracts
Sources: Indenture (General Cable Corp /De/), Indenture (Imc Global Inc), Indenture (Language Line Costa Rica, LLC)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee shall may (if required by the Company and in accordance with the specific direction of the Company) request the Holder of the Note to deliver it to the Trustee. The Trustee shall may (if required by the Company and in accordance with the specific direction of the Company) place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Company or the Trustee so determines, the Company in exchange for the Note shall issue and the Trustee shall authenticate a new Note (together with related Guarantees of the Guarantors) 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 9 contracts
Sources: Indenture (Webcraft LLC), Indenture (Vertis Inc), Indenture (Webcraft LLC)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) request the such Holder of the Note to deliver it to the Trustee. The Trustee shall (if required by the Company and in accordance with the specific direction of the Company) place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Company or the Trustee so determines, the 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 issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 8 contracts
Sources: Ninth Supplemental Indenture (Graphic Packaging Holding Co), Seventh Supplemental Indenture (Graphic Packaging Holding Co), Eighth Supplemental Indenture (Graphic Packaging Holding Co)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) request the Holder of the Note to deliver it to the Trustee. The Trustee shall (if required by the Company and in accordance with the specific direction of the Company) place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Company or the Trustee so determines, the Company 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 8 contracts
Sources: Fifth Supplemental Indenture (Sally Beauty Holdings, Inc.), Indenture (Sally Beauty Holdings, Inc.), Third Supplemental Indenture (Sally Beauty Holdings, Inc.)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company Issuer and in accordance with the specific direction of the CompanyIssuer) request the Holder holder of the Note to deliver it to the Trustee. The Trustee shall (if required by the Company Issuer and in accordance with the specific direction of the CompanyIssuer) place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Company Issuer or the Trustee so determines, the Company 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 7 contracts
Sources: Indenture (Warner Music Group Corp.), Indenture (Warner Music Group Corp.), Indenture (Warner Music Group Corp.)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee shall (if required by may, at the Company and in accordance with the specific written direction of the Company) request , require the Holder of the Note to deliver it to the Trustee. The Trustee shall (if required by at the Company and in accordance with the specific written direction of the Company) Company may place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Company or the Trustee so determines, the Company in exchange for the Note shall issue and the Trustee shall 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 7 contracts
Sources: Indenture (Landmark Theatre Corp), Indenture (Koppers Industries Inc), Indenture (Federal Data Corp /Fa/)
Notation on or Exchange of Notes. If an amendment, supplement supplement, or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific written direction of the Company) shall request the Holder of the Note (in accordance with the specific written direction of the Company) to deliver it to the Trustee. The In such case, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Company or the Trustee so determines, the Company in exchange for the Note shall issue issue, the Guarantors shall endorse, 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 7 contracts
Sources: Indenture (Ski Lifts Inc), Indenture (Moore Wallace Inc), Indenture (Oglebay Norton Co /New/)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) request the Holder of the Note to deliver it its Note to the Trustee. The Trustee shall (if required by the Company and in accordance with the specific written direction of the Company) place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Company or the Trustee so determines, the 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 issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 7 contracts
Sources: Indenture (Lyondell Chemical Co), Indenture (Eastman Kodak Co), Indenture (Lyondell Chemical Co)
Notation on or Exchange of Notes. (a) If an amendment, supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) request the Holder of the Note to deliver it its Note to the Trustee. The Trustee shall (if required by the Company and in accordance with the specific written direction of the Company) place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Company or the Trustee so determines, the 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 issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 6 contracts
Sources: Indenture (Lyondell Chemical Nederland LTD), Indenture (Lyondell Chemical Nederland LTD), Indenture (Lyondell Chemical Nederland LTD)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note:
(a) the Trustee may require the Holder of a Note to deliver such Notes to the Trustee, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) request the Holder of the Note to deliver it to the Trustee. The Trustee shall (if required by the Company and in accordance with the specific direction of the Company) may place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, Holder and the Trustee may place an appropriate notation on any Note thereafter authenticated; or
(b) if the Company or the Trustee so determines, the 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 issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 6 contracts
Sources: Exchange and Redemption Agreement (Ciphergen Biosystems Inc), Indenture (Ciphergen Biosystems Inc), Indenture (Mindspeed Technologies, Inc)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company Issuers and in accordance with the specific direction of the CompanyIssuers) request the Holder of the Note to deliver it its Note to the Trustee. The Trustee shall (if required by the Company Issuers and in accordance with the specific written direction of the CompanyIssuers) place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Company Issuers or the Trustee so determinesdetermine, the Company 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 5 contracts
Sources: Indenture (Equistar Funding Corp), Indenture (Equistar Chemicals Lp), Indenture (Lyondell Chemical Co)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) request may require the Holder of the Note to deliver it the Note to the Trustee. The Trustee shall (if required by at the Company and in accordance with the specific written direction of the Company) Company may place an appropriate notation on the Note about the changed terms and return it to the Holder, and the Trustee may place an appropriate notation on any Note thereafter authenticated. Alternatively, if the Company or the Trustee so determines, the 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 notation, or issue a new Note Note, shall not affect the validity and effect of such amendment, supplement or waiver. Any such notation or exchange shall be made at the sole cost and expense of the Company.
Appears in 5 contracts
Sources: Indenture (New World Restaurant Group Inc), Indenture (CSS Trade Names Inc), Indenture (Discovery Zone Inc)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific written direction of the Company) shall request the Holder of the Note (in accordance with the specific written direction of the Company) to deliver it to the Trustee. The In such case, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Company or the Trustee so determines, the Company in exchange for the Note shall issue issue, the Guarantors shall endorse 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 5 contracts
Sources: Indenture (1295728 Alberta ULC), Indenture (Intertape Woven Products Services S.A. De C.V.), Indenture (Seminis Inc)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company Issuers and in accordance with the specific direction of the CompanyIssuers) request the Holder of the Note to deliver it to the Trustee. The Trustee shall (if required by the Company Issuers and in accordance with the specific direction of the CompanyIssuers) place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Company Issuers or the Trustee so determines, the Company 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 4 contracts
Sources: Indenture (RSC Equipment Rental, Inc.), Indenture (RSC Equipment Rental, Inc.), Indenture (Dirsamex Sa De Cv)
Notation on or Exchange of Notes. If an amendment, -------------------------------- supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) request may require the Holder of the Note to deliver it to the Trustee. The Trustee shall (if required by the Company and in accordance with the specific direction of At the Company) 's expense, the Trustee may place an appropriate notation on the Note about the changed terms and return it to the HolderHolder and the Trustee may place an appropriate notation on any Note thereafter authenticated. Alternatively, if the Company or the Trustee so determines, the 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 notation, or issue a new Note Note, shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 4 contracts
Sources: Indenture (TVN Entertainment Corp), Indenture (Itc Deltacom Inc), Indenture (Itc Deltacom Inc)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific written direction of the CompanyIssuer) shall request the Holder of the Note (in accordance with the specific written direction of the Issuer) to deliver it to the Trustee. The In such case, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Company Issuer or the Trustee so determines, the Company 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 (Spansion Inc.), Indenture (Spansion Inc.), Indenture (Spansion Inc.)
Notation on or Exchange of Notes. If an amendment, supplement supplement, or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific written direction of the CompanyIssuers) shall request the Holder (in accordance with the specific written direction of the Note Issuers) to deliver it to the Trustee. The In such case, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Company or the Trustee Issuers so determinesdetermine, the Company Issuers in exchange for the Note shall issue issue, the Guarantors shall endorse, 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 (Trilogy International Partners Inc.), Indenture (Trilogy International Partners Inc.), Indenture (Alignvest Acquisition Corp)
Notation on or Exchange of Notes. If an amendment, supplement supplement, or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific written direction of the Company) shall request the Holder of the Note (in accordance with the specific written direction of the Company) to deliver it to the Trustee. The In such case, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Company or the Trustee so determines, the 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 issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 3 contracts
Sources: Indenture (Fti Consulting Inc), Indenture (Valassis Communications Inc), Indenture (Fti Consulting Inc)
Notation on or Exchange of Notes. If an amendment, -------------------------------- supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) request may require the Holder of the Note to deliver it such Note to the Trustee. The Trustee shall (if required by the Company and in accordance with the specific direction of At the Company) 's expense, the Trustee may place an appropriate notation on the Note about the changed terms and return it to the HolderHolder and the Trustee may place an appropriate notation on any Note thereafter authenticated. Alternatively, if the Company or the Trustee so determines, the 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 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 (Urs Corp /New/), Indenture (Marvel Enterprises Inc), Indenture (Ipc Information Systems Inc)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) request may require the Holder of the Note to deliver it such Note to the Trustee. The Trustee shall (if required by the Company and in accordance with the specific direction of At the Company) ’s expense, the Trustee may place an appropriate notation on the such Note about the changed terms and return it to the Holder, and the Trustee may place an appropriate notation on any Note thereafter authenticated. Alternatively, if the Company or the Trustee so determines, the Company in exchange for the such Note shall issue and the Trustee shall 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 2 contracts
Sources: Indenture (Molina Healthcare Inc), Indenture (Dean Foods Co)
Notation on or Exchange of Notes. If an amendment, ----------------------------------- supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) request may require the Holder of the Note to deliver it such Note to the Trustee. The Trustee shall (if required by the Company and in accordance with the specific direction of At the Company) 's expense, the Trustee may place an appropriate notation on the Note about the changed terms and return it to the Holder, and the Trustee may place an appropriate notation on any Note thereafter authenticated. Alternatively, if the Company or the Trustee so determines, the 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 notation, or issue a new Note Note, shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 2 contracts
Sources: Indenture (Aon Corp), Indenture (Aon Corp)
Notation on or Exchange of Notes. If an amendment, supplement supplement, or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific written direction of the Company) shall request the Holder of the Note (in accordance with the specific written direction of the Company) to deliver it to the Trustee. The In such case, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Company or the Trustee so determines, the Company in exchange for the Note shall issue issue, the Guarantors shall endorse, 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, amendment supplement or waiver.
Appears in 2 contracts
Sources: Indenture (United Industries Corp), Indenture (Aircraft Service International Inc)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) request may require the Holder of the Note to deliver it such Note to the Trustee. The Trustee shall (if required by the Company and in accordance with the specific direction of At the Company) 's expense, the Trustee may place an appropriate notation on the Note about the changed terms and return it to the Holder, and the Trustee may place an appropriate notation on any Note thereafter authenticated. Alternatively, if the Company or the Trustee so determines, the 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 notation, or issue a new Note Note, shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 2 contracts
Sources: Indenture (Citizens Banking Corp), Indenture (Aon Corp)
Notation on or Exchange of Notes. If an amendment, supplement --------------------------------------- or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) request may require the Holder of the Note to deliver it such Note to the Trustee. The Trustee shall (if required by the Company and in accordance with the specific direction of At the Company) 's expense, the Trustee may place an appropriate notation on the Note about the changed terms and return it to the HolderHolder and the Trustee may place an appropriate notation on any Note thereafter authenticated. Alternatively, if the Company or the Trustee so determines, the 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 notation, or issue a new Note Note, shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 2 contracts
Sources: Indenture (CFW Communications Co), Indenture (CFW Communications Co)
Notation on or Exchange of Notes. If an amendment, supplement supplement, or waiver changes the terms of a Note, the Trustee shall Administrative Agent (if required by the Company and in accordance with the specific written direction of the Company) shall request the Holder (in accordance with the specific written direction of the Note Company) to deliver it to the TrusteeAdministrative Agent. The Trustee In such case, the Administrative Agent shall (if required by the Company and in accordance with the specific direction of the Company) place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Company or the Trustee so determines, the Company in exchange for the Note shall issue issue, the Guarantors shall endorse, and the Trustee Administrative Agent 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: Note Purchase Agreement (Trilogy International Partners Inc.), Note Purchase Agreement (Trilogy International Partners Inc.)
Notation on or Exchange of Notes. (a) If an amendment, supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific written direction of the Company) request the Holder of the Note to deliver it its Note to the Trustee. The Trustee shall (if required by the Company and in accordance with the specific written direction of the Company) place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Company or the Trustee so determines, the 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 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 Trustee shall (if required by the Company and in accordance with the specific written direction of the Company) shall request the Holder of the Note (in accordance with the specific written direction of the Company) to deliver it to the Trustee. The In such case, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Company or the Trustee so determines, the Company in exchange for the Note shall issue issue, the Guarantors shall endorse, 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
Notation on or Exchange of Notes. If an amendment, supplement supplement, or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific written direction of the Company) shall request the Holder of the Note (in accordance with the specific written direction of the Company) to deliver it to the Trustee. The In such case, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Company or the Trustee so determines, the 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 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 Trustee shall (if required by the Company and in accordance with the specific direction of the Company) request may require the Holder of the Note to deliver it such Note to the Trustee. The Trustee shall (if required by the Company and in accordance with the specific direction of At the Company) ’s expense, the Trustee may place an appropriate notation nota- tion on the Note about the changed terms and return it to the HolderHolder and the Trustee may place an appropriate notation on any Note thereafter authenticated. Alternatively, if the Company or the Trustee so determines, the 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 notation, or issue a new Note Note, shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 1 contract
Sources: Indenture (Sothebys)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) request may require the Holder of the such Note to deliver it to the Trustee. The Trustee shall (if required by the Company and in accordance with the specific direction of the Company) may place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Company or the Trustee so determines, the Company in exchange for the Note shall issue issue, the Guarantors shall endorse and the Trustee shall 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.. 76 69
Appears in 1 contract
Sources: Indenture (Express Scripts Inc)
Notation on or Exchange of Notes. If an amendment, supplement supplement, or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific written direction of the Company) shall request the Holder of the Note (in accordance with the specific written direction of the Company) to deliver it to the Trustee. The In such case, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Company or the Trustee so determines, the Company in exchange for the Note shall issue and the Trustee shall authenticate authenticate, upon receipt of a Company Order, 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 (CEB Inc.)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific written direction of the Company) shall request the Holder of the Note (in accordance with the specific written direction of the Company) to deliver it to the Trustee. The In such case, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Company or the Trustee so determines, the 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 issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 1 contract
Sources: Indenture (MMH Holdings Inc)
Notation on or Exchange of Notes. If an amendment, -------------------------------- supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) request the Holder of the Note to deliver it to the Trustee. The Trustee shall (if required by the Company and in accordance with the specific direction of the Company) place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Company or the Trustee so determines, the 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 issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 1 contract
Sources: Indenture (Dynatech Corp)
Notation on or Exchange of Notes. If an amendment, supplement supplement, or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific written direction of the Company) shall request the Holder of the Note (in accordance with the specific written direction of the Company) to deliver it to the Trustee. The In such case, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Company or the Trustee so determines, the Company in exchange for the Note shall issue 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 (Seneca Erie Gaming Corp)
Notation on or Exchange of Notes. If an amendment, supplement supplement, or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific written direction of the CompanyIssuers) shall request the Holder of the Note (in accordance with the specific written direction of the Issuers) to deliver it to the Trustee. The In such case, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Company Issuers or the Trustee so determines, the Company 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, amendment supplement or waiver.
Appears in 1 contract
Sources: Indenture (TWP Capital Corp Ii)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) request may require the Holder of the Note to deliver it to the Trustee. The Trustee shall (if required by the Company and in accordance with the specific direction of At the Company) 's expense and direction, the Trustee may place an appropriate notation on the Note about the changed terms and return it to the HolderHolder and the Trustee may place an appropriate notation on any Note thereafter authenticated. Alternatively, if the Company or the Trustee so determines, the 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 notation, or issue a new Note Note, shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 1 contract
Sources: Indenture (Bti Telecom Corp)
Notation on or Exchange of Notes. If an -------------------------------- amendment, supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) request the Holder of the Note to deliver it to the Trustee. The Trustee shall (if required by the Company and in accordance with the specific direction of the Company) place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Company or the Trustee so determines, the 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 issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 1 contract
Sources: Indenture (Telegroup Inc)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) request may require the Holder of the Note to deliver it such Note to the Trustee. The Trustee shall (if required by the Company and in accordance with the specific direction of At the Company) 's expense, the Trustee may place an appropriate notation on the Note about the changed terms and return it to the HolderHolder and the Trustee may place an appropriate 81 74 notation on any Note thereafter authenticated. Alternatively, if the Company or the Trustee so determines, the 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 notation, or issue a new Note Note, shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 1 contract
Sources: Indenture (Primark Corp)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) request the Holder of the Note to deliver it to the Trustee. The Trustee shall (if required by the Company and in accordance with the specific direction of the Company) place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Company or the Trustee so determines, the Company in exchange for the Note shall issue and the Trustee shall authenticate authen ticate 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 (Us Office Products Co)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific written direction of the Company and at the expense of the Company) request the Holder of the Note to deliver it to the Trustee. The Trustee shall (if required by the Company and in accordance with the specific direction of the Company) place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Company or the Trustee so determines, the 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 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 Trustee shall (if required by the Company and in accordance with the specific direction of the Company) request may require the Holder of the Note to deliver it such Note to the Trustee. The Trustee shall (if required by the Company and in accordance with the specific direction of At the Company) ’s expense, the Trustee may place an appropriate notation on the Note about the changed terms and return it to the Holder, and the Trustee may place an appropriate notation on any Note thereafter authenticated. Alternatively, if the Company or the Trustee so determines, the 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 notation, or issue a new Note Note, shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 1 contract
Sources: Indenture (Aon Corp)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee shall may (if required by the Company and in accordance with the specific direction of the Company) request the Holder of the Note to deliver it to the Trustee. The Trustee shall may (if required by the Company and in accordance with the specific direction of the Company) place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Company or the Trustee so determines, the Company in exchange for the Note shall issue and the Trustee shall authenticate a new Note (together with related Guarantee of the Guarantor) 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 (World Color Press Inc.)
Notation on or Exchange of Notes. (a) If an amendment, supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) request the Holder of the Note to deliver it its Note to the Trustee. The Trustee shall (if required by the Company and in accordance with the specific direction of the Company) place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Company or the Trustee so determines, the 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 issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 1 contract
Sources: Indenture (Thermadyne MFG LLC)
Notation on or Exchange of Notes. If an amendment, supplement supplement, or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific written direction of the CompanyIssuer) shall request the Holder of the Note (in accordance with the specific written direction of the Issuer) to deliver it to the Trustee. The In such case, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Company Issuer or the Trustee so determines, the Company 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
Notation on or Exchange of Notes. If an amendment, supplement supplement, or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific written direction of the Company) shall request the Holder of the Note (in accordance with the specific written direction of the Company) to deliver it to the Trustee. The In such case, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Company or the Trustee so determines, the Company in exchange for the Note shall issue issue, the Guarantors shall endorse, 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 (R H Donnelley Corp)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) request the Holder of the Note to deliver it to the Trustee. The Trustee shall (if required by the Company and in accordance with the specific direction of the Company) place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Company or the Trustee so determines, the 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 issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.. ARTICLE X
Appears in 1 contract
Sources: Indenture (Avis Budget Group, Inc.)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) request the Holder of the Note to deliver it its Note to the Trustee. The Trustee shall (if required by the Company and in accordance with the specific direction of the Company) place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Company or the Trustee so determines, the 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 issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 1 contract
Sources: Indenture (Viasystems Group Inc)
Notation on or Exchange of Notes. If an amendment, supplement supplement, or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific written direction of the Company) shall request the Holder of the Note (in accordance with the specific written direction of the Company) to deliver it to the Trustee. The In such case, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) place an appropriate notation on the Note about the changed terms and return it to the HolderNoteholder. Alternatively, if the Company or the Trustee so determines, the Company in exchange for the Note shall issue 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