Common use of Failure or Defect Clause in Contracts

Failure or Defect. Notwithstanding anything to the contrary contained elsewhere in this Indenture, neither the failure of the Issuer to deliver a Fundamental Change Notice nor a defect in a Fundamental Change Notice delivered by the Issuer will limit the repurchase rights of any Holder under this Article 8 or impair or otherwise affect the validity of any proceedings relating to the repurchase of any Note pursuant to this Article 8.

Failure or Defect. Notwithstanding anything to the contrary contained elsewhere in this IndentureNote, neither the failure of the Issuer to deliver a Fundamental Change Notice nor a defect in a Fundamental Change Notice delivered by the Issuer will limit the repurchase rights of any Holder under this Article Section 8 or impair or otherwise affect the validity of any proceedings relating to the repurchase of any Note pursuant to this Article Section 8.