Failure or Defect. Notwithstanding anything provided elsewhere in this Note, neither the failure of the Company to deliver a Fundamental Change Notice nor a defect in a Fundamental Change Notice delivered by the Company will limit the repurchase rights of the Holder under this Article 3 or impair or otherwise affect the validity of any proceedings relating to the repurchase of this Note pursuant to this Article 3.
Appears in 6 contracts
Samples: Note Purchase Agreement (Xtant Medical Holdings, Inc.), Note Purchase Agreement (Xtant Medical Holdings, Inc.), Note Purchase Agreement (Xtant Medical Holdings, Inc.)
Failure or Defect. Notwithstanding anything provided elsewhere in this NoteIndenture, neither the failure of the Company to deliver a Fundamental Change Notice nor a defect in a Fundamental Change Notice delivered by the Company will limit the repurchase rights of the any Holder under this Article 3 or impair or otherwise affect the validity of any proceedings relating to the repurchase of this any Note pursuant to this Article 3.
Appears in 3 contracts
Samples: Indenture (Layne Christensen Co), Indenture (GAIN Capital Holdings, Inc.), Indenture (Ultrapetrol Bahamas LTD)
Failure or Defect. Notwithstanding anything provided elsewhere in this NoteIndenture, neither the failure of the Company to deliver a Fundamental Change Notice nor a defect in a Fundamental Change Notice delivered by the Company will limit the repurchase rights of the any Holder under this Article 3 III or impair or otherwise affect the validity of any proceedings relating to the repurchase of this any Note pursuant to this Article 3III.
Appears in 3 contracts
Samples: First Supplemental Indenture (Par Technology Corp), Indenture (Par Technology Corp), Indenture (Par Technology Corp)
Failure or Defect. Notwithstanding anything provided elsewhere in this NoteIndenture, neither the failure of the Company to deliver a Fundamental Change Notice nor a defect in a Fundamental Change Notice delivered by the Company will limit the repurchase rights of the any Holder under this Article 3 Article III or impair or otherwise affect the validity of any proceedings relating to the repurchase of this any Note pursuant to this Article 3Article III.
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Failure or Defect. Notwithstanding anything provided elsewhere in this NoteIndenture, neither the failure of the Company to deliver a Fundamental Change Notice nor a defect in a Fundamental Change Notice delivered by the Company will limit the repurchase rights of the any Holder under this Article 3 11 or impair or otherwise affect the validity of any proceedings relating to the repurchase of this any Note pursuant to this Article 311.
Appears in 1 contract
Failure or Defect. Notwithstanding anything provided elsewhere in this Notethe Indenture, neither the failure of the Company to deliver a Fundamental Change Notice nor a defect in a Fundamental Change Notice delivered by the Company will limit the repurchase rights of the any Holder under this Article 3 or impair or otherwise affect the validity of any proceedings relating to the repurchase of this any Note pursuant to this Article 3.
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