Common use of Effect of Consent Clause in Contracts

Effect of Consent. (a) After an amendment, supplement or waiver becomes effective, it will bind every Holder of the applicable series of Securities unless it is of the type requiring the consent of each Holder affected. If the amendment, supplement or waiver is of the type requiring the consent of each Holder affected, the amendment, supplement or waiver will bind each Holder that has consented to it and every subsequent Holder of a Security that evidences the same debt as the Security of the consenting Holder. (b) If an amendment, supplement or waiver changes the terms of the Securities of a series, the Trustee may require the Holder of any Security of such series to deliver it to the Trustee so that the Trustee may place an appropriate notation of the changed terms on such Security and return it to the Holder, or exchange it for a new Security of the applicable series that reflects the changed terms. The Trustee may also place an appropriate notation on any Security of such series thereafter authenticated. However, the effectiveness of the amendment, supplement or waiver is not affected by any failure to annotate or exchange Securities in this fashion.

Appears in 2 contracts

Samples: Indenture (E Trade Financial Corp), Indenture (E Trade Financial Corp)

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Effect of Consent. (a) After an amendment, supplement or waiver becomes effective, it will bind every Holder of the applicable a Note of such series of Securities unless it is of the type requiring the consent of each Holder affected. If the amendment, supplement or waiver is of the type requiring the consent of each Holder affected, the amendment, supplement or waiver will bind each Holder that has consented to it and every subsequent Holder of a Security Note of such series that evidences the same debt as the Security Note of such series of the consenting Holder. (b) If an amendment, supplement or waiver changes the terms of the Securities a Note of a series, the Trustee Securities Administrator may require the Holder of any Security of such series to deliver it to the Trustee Securities Administrator so that the Trustee Securities Administrator may place an appropriate notation of the changed terms on the Note of such Security series and return it to the Holder, or exchange it for a new Security Note of the applicable such series that reflects the changed terms. The Trustee Securities Administrator may also place an appropriate notation on any Security of such series Note thereafter authenticated. However, the effectiveness of the amendment, supplement or waiver is not affected by any failure to annotate or exchange Securities Notes in this fashion.

Appears in 1 contract

Samples: Indenture (Cloud Peak Energy Inc.)

Effect of Consent. (a) After an amendment, supplement or waiver becomes effective, it will bind every Holder of the applicable series of Securities Notes unless it is of the type requiring the consent of each Holder affected. If the amendment, supplement or waiver is of the type requiring the consent of each Holder affected, the amendment, supplement or waiver will bind each Holder that has consented to it and every subsequent Holder of a Security Note that evidences the same debt as the Security Note of the consenting Holder. (b) If an amendment, supplement or waiver changes the terms of the Securities Notes of a series, the Trustee may require the Holder of any Security Note of such series to deliver it to the Trustee so that the Trustee may place an appropriate notation of the changed terms on such Security Note and return it to the Holder, or exchange it for a new Security Note of the applicable series that reflects the changed terms. The Trustee may also place an appropriate notation on any Security Note of such series thereafter authenticated. However, the effectiveness of the amendment, supplement or waiver is not affected by any failure to annotate or exchange Securities Notes in this fashion.

Appears in 1 contract

Samples: Senior Indenture (E TRADE FINANCIAL Corp)

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Effect of Consent. (a) After an amendment, supplement or waiver becomes effectiveeffective with respect to the Securities of any series affected thereby, it will bind every Holder of the applicable series of such Securities unless it is of the type requiring the consent of each Holder affected. If the amendment, supplement or waiver is of the type requiring the consent of each Holder affected, the amendment, supplement or waiver will bind each Holder that has consented to it and every subsequent Holder of a Security that evidences the same debt as the Security of the consenting Holder. (b) If an amendment, supplement or waiver changes the terms of the Securities of a seriesSecurity, the Trustee may require the Holder of any Security of such series to deliver it to the Trustee so that the Trustee may place an appropriate notation of the changed terms on such the Security and return it to the Holder, or exchange it for a new Security of the applicable same series and tenor that reflects the changed terms. The Trustee may also place an appropriate notation on any Security of such series thereafter authenticated. However, the effectiveness of the amendment, supplement or waiver is not affected by any failure to annotate or exchange Securities in this fashion.

Appears in 1 contract

Samples: Indenture (Compaq Computer Corp)

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