Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee may require the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the Security. The Trustee may place an appropriate notation on the Security 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 Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Any failure to make the appropriate notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 49 contracts
Sources: Indenture (Doskocil Manufacturing Co Inc), Indenture (Price Communications Corp), Indenture (Price Communications Corp)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee may require the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the SecurityTrustee. The Trustee may place an appropriate notation on the Security 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 Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Any failure Failure to make the appropriate notation or to issue a new Security shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 37 contracts
Sources: Indenture (Hard Rock Hotel Inc), Indenture (Carrols Corp), Indenture (Hermes Europe Railtel B V)
Notation on or Exchange of Securities. If an amendment, supplement supplement, modification or waiver changes the terms of a Security, :
(a) the Trustee may require the Holder of the a Security to deliver it such Security to the Trustee or require Trustee, the Holder to put an appropriate notation on the Security. The Trustee may place an appropriate notation on the Security about the changed terms and return it to the Holder. Alternatively, Holder and the Trustee may place an appropriate notation on any Security thereafter authenticated; or
(b) if the Company or the Trustee so determines, the Company in exchange for the Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Any failure Failure to make the appropriate notation or to issue a new Security shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 33 contracts
Sources: Subordinated Indenture (Precipio, Inc.), Senior Indenture (Fuelcell Energy Inc), Subordinated Indenture (Fuelcell Energy Inc)
Notation on or Exchange of Securities. If an amendment, supplement supplement, or waiver changes the terms of a Security, : (a) the Trustee may require the Holder of the Security to deliver it to the Trustee, the Trustee or require may, at the Holder to put an appropriate notation on written direction of the Security. The Trustee may Company and at the Company’s expense, place an appropriate notation on the Security about the changed terms and return it to the Holder. Alternatively, Holder and the Trustee may place an appropriate notation on any Security thereafter authenticated; or (b) if the Company or the Trustee so determines, the Company in exchange for the Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Any failure Failure to make the appropriate notation or to issue a new Security shall not affect the validity and effect of such amendment, supplement supplement, or waiver.
Appears in 14 contracts
Sources: Indenture (Marinemax Inc), Indenture (Marinemax Inc), Indenture (Marinemax Inc)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, :
(a) the Trustee may require the Holder of the a Security to deliver it such Securities to the Trustee or require Trustee, the Holder to put an appropriate notation on the Security. The Trustee may place an appropriate notation on the Security about the changed terms and return it to the Holder. Alternatively, Holder and the Trustee may place an appropriate notation on any Security thereafter authenticated; or
(b) if the Company or the Trustee so determines, the Company in exchange for the Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Any failure Failure to make the appropriate notation or to issue a new Security shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 14 contracts
Sources: Indenture (Vertex Pharmaceuticals Inc / Ma), Indenture (Vertex Pharmaceuticals Inc / Ma), Indenture (Nektar Therapeutics)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee Company may require the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the SecurityTrustee. The Company shall provide the Trustee may place with an appropriate notation on the Security about the changed terms and cause the Trustee to return it to the HolderHolder at the Company's expense. Alternatively, if the Company or the Trustee so determines, the Company in exchange for the Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Any failure Failure to make the appropriate notation or to issue a new Security shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 10 contracts
Sources: Indenture (Pacer Express Inc), Indenture (Building One Services Corp), Indenture (Quality Distribution Inc)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee may require the Holder of the Security to deliver it to the Trustee Registrar or require the Holder to put an appropriate notation on the Security. The Trustee may place an appropriate notation on the Security 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 Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Any failure to make the appropriate notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 10 contracts
Sources: Indenture (Noble Broadcast Group Inc /Oh/), Indenture (Noble Broadcast Group Inc /Oh/), Indenture (Efm Programming Inc)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, :
(a) the Trustee may require the Holder of the a Security to deliver it such Security to the Trustee or require Trustee, the Holder to put an appropriate notation on the Security. The Trustee may place an appropriate notation on the Security about the changed terms and return it to the Holder. Alternatively, Holder and the Trustee may place an appropriate notation on any Security thereafter authenticated; or
(b) if the Company or the Trustee so determines, the Company in exchange for the Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Any failure Failure to make the appropriate notation or to issue a new Security shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 10 contracts
Sources: Indenture (Lifetime Brands, Inc), Indenture (Lear Corp Eeds & Interiors), Indenture (Cv Therapeutics Inc)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee may require shall (in accordance with the specific direction of the Company) request the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the SecurityTrustee. The Trustee may shall (in accordance with the specific direction of the Company) place an appropriate notation on the Security 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 Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Any failure Failure to make the appropriate notation or to issue a new Security shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 9 contracts
Sources: Indenture (Unifi Communications Inc), Indenture (Cai Wireless Systems Inc), Indenture (Toms Foods Inc)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee may require the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the Security. The Trustee may place an appropriate notation on the Security about the changed terms and return it to the Holder. Alternatively, if the Company or the Trustee so determinesdetermine, the Company in exchange for the Security shall issue issue, the Guarantors shall endorse and the Trustee shall authenticate a new Security that reflects the changed terms. Any failure to make the appropriate notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 8 contracts
Sources: Indenture (Jazz Casino Co LLC), Indenture (Jazz Casino Co LLC), Indenture (Jazz Casino Co LLC)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee Company may require the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the SecurityTrustee. The Company shall provide the Trustee may place with an appropriate notation on the Security about the changed terms and cause the Trustee to return it to the HolderHolder at the Company’s expense. Alternatively, if the Company or the Trustee so determines, the Company in exchange for the Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Any failure Failure to make the appropriate notation or to issue a new Security shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 8 contracts
Sources: Indenture (Buhrmann Nederland B.V.), Indenture (Compass Minerals International Inc), Indenture (Asap Software Express Inc)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee Issuer may require the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the SecurityTrustee. The Trustee may place an appropriate notation on the Security about regarding the changed terms and return it to the Holder. Alternatively, if the Company or the Trustee Issuer so determines, the Company Issuer in exchange for the Security shall issue and the Trustee shall shall, upon receipt of a Written Order, authenticate a new Security that reflects the changed terms. Any failure Failure to make the appropriate notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 6 contracts
Sources: Indenture (Constellium Se), Indenture (Constellium Se), Indenture (Constellium Se)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee may require the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the Security. The Trustee may place an appropriate notation on the Security 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 Security shall issue issue, the Guarantors shall endorse and the Trustee shall authenticate a new Security that reflects the changed terms. Any failure to make the appropriate notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 4 contracts
Sources: Indenture (Sun International Hotels LTD), Indenture (Sun International North America Inc), Indenture (Sun International North America Inc)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee may require the Holder of the Security to deliver it such Security to the Trustee or require the Holder to put an appropriate notation on the Security. The Trustee may place an appropriate notation on the Security 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 Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Any failure to make the appropriate notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 4 contracts
Sources: Indenture (Gamco Investors, Inc. Et Al), Indenture (Gamco Investors, Inc. Et Al), Indenture (Mueller Industries Inc)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee may require the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the SecurityTrustee. The Trustee may place an appropriate notation on the Security 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 Security shall issue and the Trustee shall authenticate a new Security (and the Guarantors shall execute the Guarantees thereon) that reflects the changed terms. Any failure Failure to make the appropriate notation or to issue a new Security shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 4 contracts
Sources: Indenture (Doe Run Resources Corp), Indenture (Industrial Fuels Minerals Co), Indenture (Doe Run Resources Corp)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee may require the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the Security. The Trustee may place an appropriate notation on the Security 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 Security shall issue issue, the Guarantors shall endorse and the Trustee shall authenticate a new Security that reflects the changed terms. Any failure to make the appropriate notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 4 contracts
Sources: Indenture (Elsinore Corp), Indenture (Urohealth Systems Inc), Indenture (Hammond Residential LLC)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee may require shall (in accordance with the specific written direction of the Company) request the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the SecurityTrustee. The Trustee may shall (in accordance with the specific direction of the Company) place an appropriate notation on the Security 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 Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Any failure Failure to make the appropriate notation or to issue a new Security shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 4 contracts
Sources: Indenture (Navistar International Corp /De/New), Indenture (Navistar Financial Corp), Indenture (Navistar International Corp /De/New)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee may require (in accordance with the specific direction of the Company) request the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the SecurityTrustee. The Trustee may (in accordance with the specific direction of the Company) place an appropriate notation on the Security 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 Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Any failure Failure to make the appropriate notation or to issue a new Security shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 4 contracts
Sources: Indenture (Big Flower Press Holdings Inc /Pred/), Indenture (Big Flower Press Holdings Inc), Indenture (Big Flower Holdings Inc/)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee may require the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the Security. The Trustee may place an appropriate notation on the Security 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 Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Any failure to make the appropriate notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 4 contracts
Sources: Indenture (Waterford Gaming LLC), Indenture (Waterford Gaming LLC), Indenture (Waterford Gaming LLC)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee may require the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the Security. The Trustee may place an appropriate notation on the Security about briefly describing the changed terms and return it to the Holder. Alternatively, if the Company or the Trustee so determines, the Company Company, in exchange for the Security Security, shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Any failure to make the appropriate notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 3 contracts
Sources: Indenture (HPSC Inc), Indenture (HPSC Inc), Indenture (Ekco Group Inc /De/)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee may require the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the Security. The Trustee may place an appropriate notation on the Security 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 Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Any failure to make the appropriate notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 3 contracts
Sources: Indenture (Centennial Communications Corp /De), Indenture (Centennial Communications Corp /De), Indenture (Centennial Cellular Corp)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee Issuers may require the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the SecurityTrustee. The Trustee may place an appropriate notation on the Security about regarding 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 Security shall issue and upon receipt of an Authentication Order the Trustee shall authenticate a new Security that reflects the changed terms. Any failure Failure to make the appropriate notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 2 contracts
Sources: Indenture (Gates Global Inc.), Indenture (Gates Engineering & Services FZCO)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, :
(A) the Trustee may require the Holder of the a Security to deliver it such Securities to the Trustee or require Trustee, the Holder to put an appropriate notation on the Security. The Trustee may place an appropriate notation on the Security about the changed terms and return it to the Holder. Alternatively, Holder and the Trustee may place an appropriate notation on any Security thereafter authenticated; or
(B) if the Company or the Trustee so determines, the Company in exchange for the Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Any failure Failure to make the appropriate notation or to issue a new Security shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 2 contracts
Sources: Indenture (Foster Wheeler LTD), Indenture (First American Financial Corp)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee Company may require the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the SecurityTrustee. The Company shall provide the Trustee may place with an appropriate notation on the Security about the changed terms and cause the Trustee to return it to the HolderHolder at the Company’s expense. Alternatively, if the Company or the Trustee so determines, the Company in exchange for the Security shall issue issue, and the Trustee shall authenticate authenticate, a new Security that reflects the changed terms. Any failure Failure to make the appropriate notation or to issue a new Security shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 2 contracts
Sources: Indenture (Vantage Drilling CO), Indenture (Vantage Drilling CO)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee may require the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the SecurityTrustee. The Trustee may place an appropriate notation on the Security about regarding 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 Security shall issue and the Trustee shall shall, upon receipt of an Issuer Order, authenticate a new Security that reflects the changed terms. Any failure Failure to make the appropriate notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 2 contracts
Sources: Indenture (Alta Mesa Holdings, LP), Indenture (Alta Mesa Energy LLC)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee may require the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the SecurityTrustee. The Trustee may place an appropriate notation on the Security about the changed terms and return it to the HolderHolder and the Trustee may place an appropriate notation on any Security thereafter authenticated. Alternatively, if the Company or the Trustee so determines, the Company in exchange for the Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Any failure Failure to make the appropriate notation or to issue a new Security shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 2 contracts
Sources: Indenture (KCS Holdings I, Inc.), Senior Notes Indenture (Kansas City Southern)
Notation on or Exchange of Securities. If an amendment, supplement or waiver amendment changes the terms of a Security, the Trustee may require (in accordance with the specific written direction of the Company) shall request the Holder of the Security (in accordance with the specific written direction of the Company) to deliver it to the Trustee. In such case, the Trustee or require the Holder to put an appropriate notation on the Security. The Trustee may shall place an appropriate notation on the Security 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 Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Any failure Failure to make the appropriate notation or to issue a new Security shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 2 contracts
Sources: Indenture (Flir Systems Inc), Indenture (Flir Systems Inc)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee may require the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the Security. The Trustee may place an appropriate notation on the Security 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 Security shall issue issue, the Guarantors shall endorse and the Trustee shall authenticate a new Security that reflects the changed terms. Any failure to make the appropriate notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 2 contracts
Sources: Indenture (Kerzner International Employment Services LTD), Indenture (LSB Industries Inc)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee may require the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the SecurityTrustee. The Trustee may place an appropriate notation on the Security about the changed terms and return it to the HolderHolder and the Trustee may place an appropriate notation on any Security of the same series thereafter authenticated. Alternatively, if the Company Issuer or the Trustee so determines, the Company Issuer in exchange for the Security shall issue and the Trustee shall authenticate a new Security of the same series that reflects the changed terms. Any failure Failure to make the appropriate notation or to issue a new Security 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 Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee may require shall (in accordance with the specific written direction of the Company) request the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the SecurityTrustee. The Trustee may shall (in accordance with the specific written direction of the Company) place an appropriate notation on the Security 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 Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Any failure Failure to make the appropriate notation or to issue a new Security shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 2 contracts
Sources: Indenture (Hvide Marine Inc), Indenture (Republic Engineered Steels Inc)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes changes, the terms of a Security, the Trustee may require the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the Security. The Trustee may place an appropriate notation on the Security 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 Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Any failure to make the appropriate notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 2 contracts
Sources: Indenture (World Color Press Inc /De/), Indenture (World Color Press Inc /De/)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee may require the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the Security. The Trustee may place an appropriate notation on the Security 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 Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Any failure to make the appropriate notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 2 contracts
Sources: Indenture (Centennial Communications Corp /De), Indenture (Centennial Communications Corp /De)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee may require the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the Security. The Trustee may place an appropriate notation on the Security 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 Security shall issue issue, the Guarantors shall endorse and the Trustee shall authenticate a new Security that reflects the changed terms. Any failure to make the appropriate notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 2 contracts
Sources: Indenture (Trump Communications LLC), Indenture (Trump Atlantic City Funding Iii Inc)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee may require the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the Security. The Trustee may place an appropriate notation on the Security thereafter authenticated 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 Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Any failure to make the appropriate notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 1 contract
Sources: Indenture (Hallmark America Inc)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee may require the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the Security. The Trustee may place an appropriate notation on the Security 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 Security shall issue issue, the Guarantor shall endorse and the Trustee shall authenticate a new Security that reflects the changed terms. Any failure to make the appropriate notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 1 contract
Notation on or Exchange of Securities. If an a modification, amendment, supplement or waiver changes the terms of a Security, the Trustee may require shall (in accordance with the specific written direction of the Company) request the Holder of the Security to deliver it to the Trustee. In such case, the Trustee or require the Holder to put an appropriate notation on the Security. The Trustee may shall place an appropriate notation on the Security 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 Security shall issue and the Trustee shall authenticate a new Security security that reflects the changed terms. Any failure Failure to make the appropriate notation or to issue a new Security shall not affect the validity and effect of such modification, amendment, supplement or waiver.
Appears in 1 contract
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee Company may require the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the SecurityTrustee. The Company shall provide the Trustee may place with an appropriate notation on the Security about the changed terms and cause the Trustee to return it to the HolderHolder at the Company's expense. Alternatively, if the Company or the Trustee so determines, the Company in exchange for the Security shall issue and the Trustee shall authenticate authenti cate a new Security that reflects the changed terms. Any failure Failure to make the appropriate notation or to issue a new Security shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 1 contract
Sources: Indenture (Unilab Corp /De/)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, :
(a) the Trustee may require the Holder of the a Security to deliver it such Securities to the Trustee or require Trustee, the Holder to put an appropriate notation on the Security. The Trustee may place an appropriate notation on the Security about the changed terms and return it to the Holder. Alternatively, Holder and the Trustee may place an appropriate notation on any Security thereafter authenticated; or
(b) if the Company or the Trustee so determines, the Company in exchange for the Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Any failure Failure to make the appropriate notation or to issue a new Security shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 1 contract
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee may require request the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the SecurityTrustee. The Trustee may place an appropriate notation on the Security about the changed terms and return it to the Holder. Alternatively, if the Company or the Trustee so determinesdetermine, the Company in exchange for the Security shall issue and upon Company Order the Trustee shall authenticate a new Security that reflects the changed terms, the cost and expense of which will be borne by the Company. Any failure to make the appropriate notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 1 contract
Sources: Indenture (American Retirement Corp)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee may require the Holder of the Security to deliver it such Security to the Trustee or require the Holder to put an appropriate notation on the Security. The Trustee may place an appropriate notation on the Security 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 Security shall issue and the Trustee Registrar shall authenticate a new Security that reflects the changed terms. Any failure to make the appropriate notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 1 contract
Sources: Indenture (Mueller Industries Inc)
Notation on or Exchange of Securities. If an amendment, supplement or waiver ------------------------------------- amendment changes the terms of a Security, the Trustee or the Company may require the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the SecurityTrustee. The Trustee may place an appropriate notation on the Security about regarding the changed terms and return it to the Holder. Alternatively, if the Company Company, Sub Co-Issuer or the Trustee so determines, the Company and Sub Co-Issuer in exchange for the Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Any failure Failure to make the appropriate notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 1 contract
Sources: Indenture (Armkel LLC)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee may require the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the SecurityTrustee. The Trustee may place an appropriate notation on the Security about regarding the changed terms and return it to the HolderHolder and may place such notation on any Security thereafter authenticated. Alternatively, if the Company or the Trustee so determines, the Company in exchange for the Security shall issue issue, and the Trustee shall authenticate a new Security that reflects the changed terms. Any failure Failure to make the appropriate notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 1 contract
Sources: Indenture (Town & Country Corp)