Common use of Notation on or Exchange of Notes Clause in Contracts

Notation on or Exchange of Notes. If an amendment changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding 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 to issue a new Note shall not affect the validity of such amendment.

Appears in 118 contracts

Samples: Indenture (Credit Acceptance Corp), Indenture (UL Solutions Inc.), Indenture (Beacon Roofing Supply Inc)

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Notation on or Exchange of Notes. If an amendment amendment, supplement or waiver changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding 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 to issue a new Note shall not affect the validity of such amendment.

Appears in 49 contracts

Samples: Bausch Health Companies (Bausch Health Companies Inc.), Bausch Health Companies (Bausch Health Companies Inc.), Indenture (Bausch Health Companies Inc.)

Notation on or Exchange of Notes. If an amendment changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Company shall provide in writing to the Trustee may place an appropriate notation to be placed on the Note regarding the changed terms and return it to the Holder. Alternatively, if the Company or the Trustee so determinesdetermine, 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 to issue a new Note shall not affect the validity of such amendment.

Appears in 33 contracts

Samples: Indenture (Southwest Gas Corp), Fourth Supplemental Indenture (Southwest Gas Corp), Indenture (Southwest Gas Corp)

Notation on or Exchange of Notes. If an amendment changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding 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 to issue a new Note shall not affect the validity of such amendment.

Appears in 30 contracts

Samples: Supplemental Indenture (Alcoa Corp), Supplemental Indenture (Alcoa Corp), Supplemental Indenture (Graftech International LTD)

Notation on or Exchange of Notes. If an amendment amendment, supplement or waiver changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding 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 or to issue a new Note shall not affect the validity of such amendment.

Appears in 27 contracts

Samples: Indenture (Nii Holdings Cayman LTD), Indenture (Silgan Holdings Inc), Indenture (Nii Holdings Cayman LTD)

Notation on or Exchange of Notes. If an amendment amendment, supplement or waiver changes the terms of a Note, the Trustee may require the Holder of the such Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding 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 Note shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendment.

Appears in 23 contracts

Samples: Indenture (Kinetic Concepts Inc /Tx/), Standard Commercial Corp, Indenture (National Vision Inc)

Notation on or Exchange of Notes. If an amendment changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it such Note to the Trustee. The Trustee may place an appropriate notation on the Note regarding the changed terms and return it such Note 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 to issue a new Note shall not affect the validity of such amendment.

Appears in 14 contracts

Samples: Indenture (Amc Entertainment Holdings, Inc.), Security Agreement (Amc Entertainment Holdings, Inc.), Indenture (Amc Entertainment Holdings, Inc.)

Notation on or Exchange of Notes. If an amendment changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding 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 Trustee, at the expense of the Company, shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendment.

Appears in 14 contracts

Samples: Supplemental Indenture (Prospect Capital Corp), Supplemental Indenture (Prospect Capital Corp), Ciena Corp

Notation on or Exchange of Notes. If an amendment or supplement changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding 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 will execute and upon Company Order the Trustee shall will authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendmentamendment or supplement.

Appears in 14 contracts

Samples: Indenture (Homex Development Corp.), Indenture (Mexican Cellular Holding, Inc.), Indenture (Grupo Iusacell Sa De Cv)

Notation on or Exchange of Notes. If an amendment changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it such Note to the Trustee. The Trustee may place an appropriate notation on the Note regarding the changed terms and return it such Note 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 to issue a new Note shall not affect the validity of such amendment.

Appears in 13 contracts

Samples: Intercreditor Agreement (Amc Entertainment Holdings, Inc.), Supplemental Indenture (Energizer Holdings, Inc.), Indenture (Crocs, Inc.)

Notation on or Exchange of Notes. If an amendment changes the terms of a Note, the Trustee Trustee, at the request of the Issuer, may require the Holder of the Note to deliver it to the Trustee. The Trustee Trustee, at the request of the Issuer, may place an appropriate notation on the Note 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 Note shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendment.

Appears in 13 contracts

Samples: Indenture (CommScope Holding Company, Inc.), CommScope Holding Company, Inc., Mattel Inc /De/

Notation on or Exchange of Notes. If an amendment amendment, supplement or waiver changes the terms of a Note, the Trustee may require the Holder of the such Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding 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 Any such notation or to issue a new Note exchange shall not affect be made at the validity sole cost and expense of such amendmentthe Company.

Appears in 12 contracts

Samples: Indenture (Del Monte Foods Co), Supplemental Indenture (Del Monte Foods Co), Purchase Agreement (Uti Corp)

Notation on or Exchange of Notes. If an amendment changes the terms of a Note, the Trustee Company may require the Holder of to deliver the Note to deliver it to the Trustee. The If so instructed by the Company, the Trustee may place an appropriate notation on the Note regarding 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 to issue a new Note shall not affect the validity of such amendment.

Appears in 12 contracts

Samples: Indenture (Latam Airlines Group S.A.), Indenture (Latam Airlines Group S.A.), Indenture (Latam Airlines Group S.A.)

Notation on or Exchange of Notes. If an amendment amendment, supplement or waiver changes the terms of a Note, the Trustee may require the Holder of the such Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding 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 to issue a new Note shall not affect the validity of such amendment.

Appears in 12 contracts

Samples: Third Supplemental Indenture (Rosetta Resources Inc.), Supplemental Indenture (Rosetta Resources Inc.), Supplemental Indenture (Rosetta Resources Inc.)

Notation on or Exchange of Notes. If an amendment changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding 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 will execute and upon Company Order the Trustee shall will authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendment.

Appears in 11 contracts

Samples: Alliance One International, Inc., Alliance One International, Inc., Alliance One International, Inc.

Notation on or Exchange of Notes. If an amendment amendment, supplement or waiver changes the terms of a Note, the Trustee may require the Holder of the such Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding 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 to issue a new Note shall not affect the validity of such amendment.

Appears in 11 contracts

Samples: Indenture (Hawk Corp), Indenture (Icn Pharmaceuticals Inc), Indenture (Hawk Brake Inc)

Notation on or Exchange of Notes. If an amendment changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note 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 Note shall issue and the Trustee or an authentication agent shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendment.

Appears in 10 contracts

Samples: Indenture (NXP Semiconductors N.V.), Indenture (NXP Semiconductors N.V.), Senior Indenture (NXP Semiconductors N.V.)

Notation on or Exchange of Notes. If an amendment any amendment, supplement or waiver changes the terms of a Note, the Trustee may require the Holder of the such Note to deliver it such Note to the Trustee. The Trustee may place an appropriate notation on the such Note regarding about 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 Note shall Note, will issue and the Trustee shall will authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendment.

Appears in 10 contracts

Samples: First Supplemental Indenture (Par Technology Corp), Indenture (Par Technology Corp), Indenture (Par Technology Corp)

Notation on or Exchange of Notes. If an amendment amendment, supplement or waiver changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it such Note to the Trustee. The Trustee may place an appropriate notation on the Note regarding 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 or to issue a new Note shall not affect the validity of such amendment.

Appears in 9 contracts

Samples: Loral Cyberstar (Loral Cyberstar Inc), Loral Cyberstar (Loral Cyberstar Inc), Loral Cyberstar (Loral Space & Communications LTD)

Notation on or Exchange of Notes. If an amendment amendment, supplement or waiver changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding 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 Any such notation or to issue a new Note exchange shall not affect be made at the validity sole cost and expense of such amendmentthe Company.

Appears in 9 contracts

Samples: Indenture (NRG Energy Inc), Registration Rights Agreement (Management Solutins Inc/), Tokheim Corp

Notation on or Exchange of Notes. If an amendment changes the terms of a Notethe Notes, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding 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 to issue a new Note shall not affect the validity of such amendment.

Appears in 8 contracts

Samples: Indenture (O Reilly Automotive Inc), Indenture (O'Reilly II Aviation Corp), Indenture (O Reilly Automotive Inc)

Notation on or Exchange of Notes. If an amendment amendment, supplement or waiver changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding concerning 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 authenticate, a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendment.

Appears in 8 contracts

Samples: Indenture (Sovereign Credit Finance I Inc), Indenture (Sovereign Credit Finance I Inc), Indenture (Sovereign Credit Finance Ii Inc)

Notation on or Exchange of Notes. If an amendment a supplemental -------------------------------- indenture changes the terms of a Note, the Trustee may require the Holder of the Note thereof to deliver it such Note to the Trustee. The Trustee may place an appropriate notation on the such Note regarding the changed terms and return it to the Holder. 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 or to issue a new Note shall not affect the validity of such amendmentamendment or supplement.

Appears in 7 contracts

Samples: Registration Rights Agreement (Krystal Company), McLeod Inc, Gorges Quik to Fix Foods Inc

Notation on or Exchange of Notes. If an amendment amendment, supplement or waiver changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding the changed terms and return it to the Holder. Alternatively, if the Company or the Trustee so determinesdetermine, 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 to issue a new Note shall not affect the validity of such amendment.

Appears in 7 contracts

Samples: Indenture (Earthstone Energy Inc), Indenture (Basic Energy Services Inc), Earthstone Energy Inc

Notation on or Exchange of Notes. If an amendment changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding 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 to issue a new Note shall not affect the validity of such amendment.

Appears in 7 contracts

Samples: Axalta Coating Systems Ltd., Indenture (Axalta Coating Systems Ltd.), Indenture (Axalta Coating Systems Ltd.)

Notation on or Exchange of Notes. If an amendment changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding the changed terms and return it to the Holder. Alternatively, if the Company Trustee or the Trustee Company so determinesdetermine, the Company in exchange for the Note shall issue and the Trustee Trustee, upon a Company Order, shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendment.

Appears in 6 contracts

Samples: Indenture (Vista Outdoor Inc.), Indenture (Valvoline Inc), Indenture (Valvoline Inc)

Notation on or Exchange of Notes. If an amendment changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding the changed terms and return it to the Holder. Alternatively, if the Company Issuers so determine 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 to issue a new Note shall not affect the validity of such amendment.

Appears in 6 contracts

Samples: Supplemental Indenture (Bz Intermediate Holdings LLC), Indenture (Bz Intermediate Holdings LLC), Indenture (Bz Intermediate Holdings LLC)

Notation on or Exchange of Notes. If an amendment amendment, supplement or waiver changes the terms of a Notethe Notes, the Trustee may require the Holder of the a Note to deliver it the Holder’s Note to the Trustee. The Trustee may , who will place an appropriate notation about the amendment, supplement or waiver on the Note regarding the changed terms and will return it to the Holder. Alternatively, if the Company or the Trustee so determinesmay, the Company in exchange for the Note shall issue Note, issue, and the Trustee shall authenticate will authenticate, a new Note that reflects the changed terms. Failure to make the appropriate notation amendment, supplement or to issue a new Note shall not affect the validity of such amendmentwaiver.

Appears in 6 contracts

Samples: Indenture (Lennar Corp /New/), Indenture (Lennar Corp /New/), Indenture (Lennar Corp /New/)

Notation on or Exchange of Notes. If an amendment or a supplement changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding 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 will execute and upon Company Order the Trustee shall will authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendmentamendment or supplement.

Appears in 6 contracts

Samples: Coleman Cable, Inc., Financing Agreement (JLG Industries Inc), Indenture (Movie Gallery Inc)

Notation on or Exchange of Notes. If an amendment changes the terms of a Note, the Trustee may require the Holder Noteholder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding 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 and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendment.

Appears in 6 contracts

Samples: Indenture (CME Media Enterprises B.V.), Indenture (CME Media Enterprises B.V.), Indenture (Central European Media Enterprises LTD)

Notation on or Exchange of Notes. If an amendment or supplemental indenture changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding 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 to issue a new Note shall not affect the validity of such amendmentamendment or supplemental indenture.

Appears in 6 contracts

Samples: Indenture (Qorvo, Inc.), Indenture (Qorvo, Inc.), Indenture (Qorvo, Inc.)

Notation on or Exchange of Notes. If an amendment changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note 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 Note shall issue and the Trustee or an authentication agent shall authenticate a new Note of the same series that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note of the same series shall not affect the validity of such amendment.

Appears in 5 contracts

Samples: Indenture (NXP Semiconductors N.V.), NXP Semiconductors N.V., NXP Semiconductors N.V.

Notation on or Exchange of Notes. If an amendment changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding 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 will issue and the Trustee shall will authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall will not affect the validity of such amendment.

Appears in 5 contracts

Samples: Guarantors (Neiman Marcus Group LTD LLC), Neiman Marcus Group LTD LLC, Neiman Marcus Group LTD LLC

Notation on or Exchange of Notes. If an amendment changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding the changed terms and return it to the Holder. Alternatively, if the Company Issuer or the Trustee so determinesdetermine, 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 to issue a new Note shall not affect the validity of such amendment.

Appears in 5 contracts

Samples: Indenture (Spectrasite Holdings Inc), Spectrasite Holdings Inc, Spectrasite Holdings Inc

Notation on or Exchange of Notes. If an amendment changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding 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 upon receipt of an Authentication Order the Trustee Registrar shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendment.

Appears in 5 contracts

Samples: Indenture (FedNat Holding Co), Indenture (Palomar Holdings, Inc.), Indenture (Heritage Insurance Holdings, Inc.)

Notation on or Exchange of Notes. If an amendment changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Issuer shall provide in writing to the Trustee may place an appropriate notation to be placed on the Note regarding the changed terms and return it to the Holder. Alternatively, if the Company Issuer or the Trustee so determinesdetermine, 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 to issue a new Note shall not affect the validity of such amendment.

Appears in 5 contracts

Samples: Indenture (Hess Midstream LP), Indenture (Hess Midstream LP), Indenture (Hess Midstream LP)

Notation on or Exchange of Notes. If an amendment changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding 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 upon receipt of an Authentication Order the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendment.

Appears in 5 contracts

Samples: Indenture (F&G Annuities & Life, Inc.), Supplemental Indenture (FGL Holdings), Indenture (Fidelity & Guaranty Life)

Notation on or Exchange of Notes. If an amendment amendment, supplement or waiver changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it the Note to the Trustee. The Trustee at the written direction of the Company may place an appropriate notation on the Note regarding 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 Any such notation or to issue a new Note exchange shall not affect be made at the validity sole cost and expense of such amendmentthe Company.

Appears in 5 contracts

Samples: Pledge Agreement (Coinmach Service Corp), Coinmach Laundry Corp, Appliance Warehouse of America Inc

Notation on or Exchange of Notes. If an amendment changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding 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 and deliver a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendment.

Appears in 4 contracts

Samples: Indenture (Galey & Lord Inc), Paragon Trade Brands Inc, Prime Succession Holdings Inc

Notation on or Exchange of Notes. If an amendment amendment, supplement or waiver changes the terms of a Note, the Trustee may require the Holder of the such Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding about the changed terms and return it to the Holder. Alternatively, if the Company LNR or the Trustee so determinesdetermine, the Company LNR 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 to issue a new Note shall not affect the validity of such amendment.

Appears in 4 contracts

Samples: Indenture (LNR Property Corp), Indenture (LNR Property Corp), LNR Property Corp

Notation on or Exchange of Notes. If an amendment changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it the Note to the Trustee. The Trustee may place an appropriate notation on the Note regarding 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 to issue a new Note shall not affect the validity of such amendment.

Appears in 4 contracts

Samples: Indenture (Jarden Corp), Jarden Corp, Jarden Corp

Notation on or Exchange of Notes. If an amendment changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it the Note to the Trustee. The Trustee may place an appropriate notation on the Note regarding 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 to issue a new Note shall not affect the validity of such amendment.

Appears in 4 contracts

Samples: Indenture (Nabors Industries LTD), Indenture (Nabors Industries LTD), Indenture (Nabors Industries LTD)

Notation on or Exchange of Notes. If an amendment changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding 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 to issue a new Note security shall not affect the validity of such amendment.

Appears in 4 contracts

Samples: Planet Hollywood International Inc, Planet Hollywood International Inc, Planet Hollywood International Inc

Notation on or Exchange of Notes. If an amendment amendment, supplement or waiver changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding 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 to issue a new Note shall not affect the validity of such amendment.

Appears in 4 contracts

Samples: ESAB Corp, Indenture (Colfax CORP), Supplemental Indenture (Esterline Technologies Corp)

Notation on or Exchange of Notes. If an amendment or supplement changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding 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 will execute and upon Company Order the Trustee shall will authenticate and make available for delivery a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendmentamendment or supplement.

Appears in 4 contracts

Samples: Indenture (Stagwell Inc), Indenture (MDC Partners Inc), Indenture (MDC Partners Inc)

Notation on or Exchange of Notes. If an amendment amendment, supplement or waiver changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding 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 Issuer or the Trustee so determines, the Company Issuer in exchange for the a Note shall issue issue, and the Trustee shall authenticate authenticate, a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendment.

Appears in 4 contracts

Samples: Intercreditor Agreement (Global Crossing North America Inc), Global Security Agreement (Global Crossing LTD), Intercreditor Agreement (Global Crossing LTD)

Notation on or Exchange of Notes. If an amendment changes the terms of a Notethe Notes, the Trustee may require the Holder of the a Note to deliver it the Holder’s Note to the Trustee. The Trustee may , who will place an appropriate notation about the amendment, supplement or waiver on the Note regarding the changed terms and will return it to the Holder. Alternatively, if the Company or the Trustee so determinesmay, the Company in exchange for the Note shall issue Note, issue, and the Trustee shall authenticate will authenticate, a new Note that reflects the changed terms. Failure to make the appropriate notation amendment, supplement or to issue a new Note shall not affect the validity of such amendmentwaiver.

Appears in 4 contracts

Samples: Indenture (Lennar Corp /New/), Indenture (Lennar Corp /New/), Indenture (Lennar Corp /New/)

Notation on or Exchange of Notes. If an amendment changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding 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 to issue a new Note shall not affect the validity of such amendment.

Appears in 4 contracts

Samples: Indenture (Pra Group Inc), Indenture (Pra Group Inc), Indenture (Pra Group Inc)

Notation on or Exchange of Notes. If an amendment changes the terms of a Note, the Trustee Issuer may require the Holder of to deliver the Note to deliver it to the Trustee. The If so instructed by the Issuer, the Trustee may place an appropriate notation on the Note 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 Note shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendment.

Appears in 4 contracts

Samples: Azul Sa, Azul Sa, Azul Sa

Notation on or Exchange of Notes. If an amendment amendment, supplement or waiver changes the terms of a Note, the Trustee may require the Holder of the such Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding 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 and, upon receipt of an Authentication Order in accordance with Section 2.2 hereof, the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendment.

Appears in 4 contracts

Samples: Chaparral Energy, Inc., Indenture (Chaparral Energy, Inc.), Indenture (Chaparral Energy, Inc.)

Notation on or Exchange of Notes. If an amendment or supplement changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding 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 will execute and upon Issuer Order the Trustee shall will authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendmentamendment or supplement.

Appears in 4 contracts

Samples: Elan Finance (Elan Corp PLC), Indenture (Elan Corp PLC), Elan Corp PLC

Notation on or Exchange of Notes. If an amendment changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note 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 Note shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendment.

Appears in 4 contracts

Samples: Indenture (Tronox Inc), Indenture (Usx Corp), United States Steel Corp

Notation on or Exchange of Notes. If an amendment amendment, modification or supplement changes the terms of a Note, the Company or Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note and on any Note subsequently authenticated regarding 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 to issue a new Note shall not affect the validity of such amendment, modification or supplement.

Appears in 3 contracts

Samples: Indenture (Sealed Air Corp/De), Indenture (Sealed Air Corp/De), Indenture (Sealed Air Corp/De)

Notation on or Exchange of Notes. If an amendment changes the terms of a Note, the Issuer or Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note 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 Note shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendment.

Appears in 3 contracts

Samples: Subordination Agreement (Polska Telefonia Cyfrowa Sp Zoo), TMM Lines LTD LLC, PTC International Finance Holding B V

Notation on or Exchange of Notes. If an amendment changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding the changed terms and return it to the Holder. Alternatively, if the Company Terra Capital or the Trustee so determines, the Company Terra Capital 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 to issue a new Note shall not affect the validity of such amendment.

Appears in 3 contracts

Samples: Indenture (Terra Industries Inc), Terra Investment Fund LLC, Terra Capital Inc

Notation on or Exchange of Notes. If an amendment or waiver changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding 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 to issue a new Note shall not affect the validity and effect of such amendmentamendment or waiver.

Appears in 3 contracts

Samples: Indenture (Phi Inc), Indenture (Phi Inc), Indenture (Phi Inc)

Notation on or Exchange of Notes. If an amendment amendment, modification or supplement changes the terms of a Note, the Company or Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note and on any Note subsequently authenticated regarding the changed terms and return it to the Holder. 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 or to issue a new Note shall not affect the validity of such amendment, modification or supplement.

Appears in 3 contracts

Samples: Indenture (Sealed Air Corp/De), Indenture (Sealed Air Corp/De), Sealed Air Corp/De

Notation on or Exchange of Notes. If an amendment changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding 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 to issue a new Note shall not affect the validity of such amendment.the

Appears in 3 contracts

Samples: Tronox (Tronox Inc), Change Β  Stock (Ciena Corp), Fresh Foods Inc

Notation on or Exchange of Notes. If an amendment changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding the changed terms and return it to the Holder. Alternatively, if the Company Company, the Guarantor or the Trustee so determines, the Company in exchange for the Note shall issue will execute and upon Company Order the Trustee shall will authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendment.

Appears in 3 contracts

Samples: Indenture (Pearson PLC), Indenture (Pearson PLC), Indenture (Pearson PLC)

Notation on or Exchange of Notes. If an amendment changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding the changed terms and return it to the Holder. Alternatively, if the Issuer, the Company 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 to issue a new Note shall not affect the validity of such amendment.

Appears in 3 contracts

Samples: Indenture (Goodyear Tire & Rubber Co /Oh/), Indenture (Goodyear Tire & Rubber Co /Oh/), Supplemental Indenture (Goodyear Tire & Rubber Co /Oh/)

Notation on or Exchange of Notes. If an amendment changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding 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 to issue a new Note Issuer shall not affect the validity of such amendment.

Appears in 3 contracts

Samples: Williams Scotsman (Williams Scotsman Inc), Williams Scotsman of Canada Inc, Mobile Field Office Co

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Notation on or Exchange of Notes. If an amendment changes the terms of a Note, the Trustee may require the Holder of the such Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding 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 to issue a new Note shall not affect the validity of such amendment.

Appears in 3 contracts

Samples: Indenture (Booz Allen Hamilton Holding Corp), Indenture (Booz Allen Hamilton Holding Corp), Indenture (Booz Allen Hamilton Holding Corp)

Notation on or Exchange of Notes. If an amendment changes the terms of a the Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding 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 to issue a new Note shall not affect the validity of such amendment.

Appears in 3 contracts

Samples: Indenture (Wolverine Tube Inc), Indenture (Wt Holding Company, Inc), Indenture (Wolverine Tube Inc)

Notation on or Exchange of Notes. If an amendment changes the terms of a Note, the Trustee Trustee, at the request of the Issuers, may require the Holder of the Note to deliver it to the Trustee. The Trustee Trustee, at the request of the Issuers, may place an appropriate notation on the Note regarding 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 and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendment.

Appears in 3 contracts

Samples: ZoomInfo Technologies Inc., PPD, Inc., PPD, Inc.

Notation on or Exchange of Notes. If an amendment changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding 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 to issue Issue a new Note shall not affect the validity of such amendment.

Appears in 3 contracts

Samples: Plans Assumption Agreement (Rev Holdings LLC), Indenture (Rev Holdings LLC), Indenture (Revlon Consumer Products Corp)

Notation on or Exchange of Notes. If an amendment or supplement changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it such Note to the Trustee. The Trustee may place an appropriate notation on the Note regarding the changed terms and return it to the Holder. 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 such changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendmentamendment or supplement.

Appears in 3 contracts

Samples: Indenture (Goss Holdings Inc), Goss Holdings Inc, Goss Graphic Systems Inc

Notation on or Exchange of Notes. If an amendment amendment, supplement or waiver changes the terms of a Note, the Trustee Company may require the Holder holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding the changed terms and return it to the Holderholder. Alternatively, if the Company or the Trustee so determinesdetermine, 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 to issue a new Note shall not affect the validity of such amendment, supplement or waiver.

Appears in 2 contracts

Samples: Joinder Agreement (Caesars Entertainment, Inc.), Joinder Agreement (Caesars Entertainment, Inc.)

Notation on or Exchange of Notes. If an amendment or supplement changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding 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 execute and upon Company Order the Trustee shall will authenticate and make available for delivery a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendmentamendment or supplement.

Appears in 2 contracts

Samples: Southwestern Energy Co, Southwestern Energy Co

Notation on or Exchange of Notes. If an amendment amendment, supplement or waiver changes the terms of a Notethe Notes, the Trustee Company may require the Holder of the Note Notes to deliver it to the Trustee. The , at which time the Trustee may shall place an appropriate notation on the Note regarding Notes 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 Notes shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendment.

Appears in 2 contracts

Samples: Beazer Homes Usa Inc, Indenture (Beazer Homes Usa Inc)

Notation on or Exchange of Notes. If an amendment amendment, supplement or waiver changes the terms of a Note, the Company may direct the Trustee may to require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding 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 Any such notation or to issue a new Note exchange shall not affect be made at the validity sole cost and expense of such amendmentthe Company.

Appears in 2 contracts

Samples: Registration Rights Agreement (Therma Wave Inc), Registration Rights Agreement (Therma Wave Inc)

Notation on or Exchange of Notes. If an amendment amendment, supplement or waiver changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding 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 to issue a new Note shall not affect the validity of such amendment.

Appears in 2 contracts

Samples: Indenture (ANTERO RESOURCES Corp), Indenture (ANTERO RESOURCES Corp)

Notation on or Exchange of Notes. If an amendment amendment, supplement or waiver changes the terms of a Note, the Trustee may require the Holder of the such Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding 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 upon receipt of a written order in the form of an Officers' Certificate shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendment.

Appears in 2 contracts

Samples: Supplemental Indenture (Canadian Abraxas Petroleum LTD), Canadian Abraxas Petroleum LTD

Notation on or Exchange of Notes. If an amendment -------------------------------- changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding 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 to issue a new Note shall not affect the validity of such amendment.

Appears in 2 contracts

Samples: Indenture (Global Imaging Systems Inc), BGF Industries Inc

Notation on or Exchange of Notes. If an amendment amendment, modification or supplement changes the terms of a Note, the Issuer or the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note and on any Note subsequently authenticated regarding 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 to issue a new Note shall not affect the validity of such amendment.

Appears in 2 contracts

Samples: Indenture (Royal Caribbean Cruises LTD), Indenture (Royal Caribbean Cruises LTD)

Notation on or Exchange of Notes. If an amendment changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Issuers shall provide in writing to the Trustee may place an appropriate notation to be placed on the Note 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 Note shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendment.

Appears in 2 contracts

Samples: Indenture (Hess Midstream Partners LP), Indenture (Hess Midstream LP)

Notation on or Exchange of Notes. If an amendment amendment, supplement or waiver changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding 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 FelCor LP or the Trustee so determines, the Company FelCor LP 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 to issue a new Note shall not affect the validity of such amendment.

Appears in 2 contracts

Samples: Kingston Plantation Development Corp, Indenture (Felcor/Lax Holdings Lp)

Notation on or Exchange of Notes. If an amendment amendment, supplement or waiver changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note 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 Note shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendment.

Appears in 2 contracts

Samples: Quiksilver (Quiksilver Inc), Quiksilver (Quiksilver Inc)

Notation on or Exchange of Notes. If an amendment amendment, supplement or waiver changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may may, upon Company Order, place an appropriate notation on the Note regarding 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 upon Company Order authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendment.

Appears in 2 contracts

Samples: Indenture (Huntsman CORP), Indenture (Huntsman CORP)

Notation on or Exchange of Notes. If an amendment changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding 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 to issue a new Note shall not affect the validity of such amendment.

Appears in 2 contracts

Samples: CommScope Holding Company, Inc., CommScope Holding Company, Inc.

Notation on or Exchange of Notes. If an amendment or supplement changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding 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 will execute and upon Issuer Order the Trustee shall will authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendmentamendment or supplement.

Appears in 2 contracts

Samples: Indenture (Vitro Sa De Cv), Indenture (Vitro Sa De Cv)

Notation on or Exchange of Notes. If an amendment changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding 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 and deliver a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendment.

Appears in 2 contracts

Samples: Indenture (Susquehanna Media Co), Indenture (Phoenix Md Realty LLC)

Notation on or Exchange of Notes. If an amendment changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding 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 and, upon Issuer Order, the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendment.

Appears in 2 contracts

Samples: Indenture (Memc Electronic Materials Inc), Pledge Agreement (Memc Electronic Materials Inc)

Notation on or Exchange of Notes. If an amendment changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding the changed terms and return it to the Holder. Alternatively, if the Company Holdings or the Trustee so determines, the Company Holdings 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 to issue a new Note shall not affect the validity of such amendment.

Appears in 2 contracts

Samples: Indenture (Maxxim Medical Inc/Tx), Indenture (Veterinary Centers of America Inc)

Notation on or Exchange of Notes. If an amendment amendment, supplement or waiver changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding 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 authenticate, a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendment.

Appears in 2 contracts

Samples: Indenture (Gaylord Container Corp /De/), Gaylord Container Corp /De/

Notation on or Exchange of Notes. If an amendment or supplement changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it such Note to the Trustee. The Trustee may place an appropriate notation on the Note regarding the changed terms and return it such Note 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 to issue a new Note shall not affect the validity of such amendmentamendment or supplement.

Appears in 2 contracts

Samples: Indenture (MARRIOTT VACATIONS WORLDWIDE Corp), Indenture (MARRIOTT VACATIONS WORLDWIDE Corp)

Notation on or Exchange of Notes. If an amendment changes the terms of a Note, the Trustee Company may require the Holder of to deliver the Note to deliver it to the Trustee. The If so instructed by the Company in writing, the Trustee may place an appropriate notation on the Note regarding 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 to issue a new Note shall not affect the validity of such amendment.

Appears in 2 contracts

Samples: Indenture (Cosan Ltd.), Indenture (BM&FBOVESPA S.A. - Securities, Commodities & Futures Exchange)

Notation on or Exchange of Notes. (a) If an amendment changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding 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 and, upon Issuer Order, the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendment.

Appears in 2 contracts

Samples: Indenture (Memc Electronic Materials Inc), Indenture (Memc Electronic Materials Inc)

Notation on or Exchange of Notes. If an amendment changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding the changed terms and return it to the Holder. Alternatively, if the Company Issuer or the Trustee so determinesdetermine, the Company Issuer in exchange for the Note shall issue and the Trustee or an Authenticating Agent shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendment.

Appears in 2 contracts

Samples: Intercreditor Agreement (Ferroglobe PLC), Ferroglobe PLC

Notation on or Exchange of Notes. If an amendment changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note 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 Note shall issue and the Trustee or an Authenticating Agent shall authenticate a new Note that ​ ​ reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendment.

Appears in 2 contracts

Samples: Intercreditor Agreement (Ferroglobe PLC), Intercreditor Agreement (Ferroglobe PLC)

Notation on or Exchange of Notes. If an amendment -------------------------------- amendment, supplement or waiver changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding 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 or to issue a new Note shall not affect the validity of such amendment.

Appears in 2 contracts

Samples: Icg Services Inc, Icg Services Inc

Notation on or Exchange of Notes. If an amendment changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it such Note to the Trustee. The Issuer may direct the Trustee may to place an appropriate notation on the Note regarding the changed terms and return it such Note to the Holder. Alternatively, if the Company or the Trustee Issuer so determines, the Company Issuer in exchange for the Note shall issue and the Trustee shall authenticate (in accordance with the requirements and procedures of Section 2.03) a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendment.

Appears in 1 contract

Samples: Indenture (Seadrill LTD)

Notation on or Exchange of Notes. If an amendment changes the terms of a Note, the Trustee may require the Holder of the any Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note Notes regarding 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 to issue a new Note shall not affect the validity of such amendment.the

Appears in 1 contract

Samples: Reptron Electronics Inc

Notation on or Exchange of Notes. If an amendment changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding 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 to issue a new Note shall not affect the validity of such amendment.

Appears in 1 contract

Samples: Pledge Agreement (Decora Industries Inc)

Notation on or Exchange of Notes. If an amendment amendment, supplement or waiver changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding 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 of the same Class that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendment.Indenture

Appears in 1 contract

Samples: Indenture (American Airlines Inc)

Notation on or Exchange of Notes. If an amendment amendment, -------------------------------- supplement or waiver changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding 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 or to issue a new Note shall not affect the validity of such amendment.

Appears in 1 contract

Samples: Indenture (Loudcloud Inc)

Notation on or Exchange of Notes. If an amendment changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding 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 will execute and upon Issuer Order the Trustee shall will authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendmentamendment made in accordance with the provisions of this Indenture.

Appears in 1 contract

Samples: Indenture (Glaxosmithkline PLC)

Notation on or Exchange of Notes. If an amendment amendment, supplement or waiver changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding 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 to issue a new Note shall not affect the validity of such amendment.. 115

Appears in 1 contract

Samples: Indenture (ANTERO RESOURCES Corp)

Notation on or Exchange of Notes. If an amendment amendment, supplement or waiver changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note 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 Note Note, shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendment.

Appears in 1 contract

Samples: Indenture (Palace Entertainment Holdings, Inc.)

Notation on or Exchange of Notes. If an amendment amendment, -------------------------------- supplement or waiver changes the terms of a Note, the Trustee may require the Holder of the such Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding 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 Any such notation or to issue a new Note exchange shall not affect be made at the validity sole cost and expense of such amendmentthe Issuer.

Appears in 1 contract

Samples: Indenture (New Horizons of Yonkers Inc)

Notation on or Exchange of Notes. If an amendment changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding 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 Note Note, shall issue and the Trustee Trustee, at the expense of the Company, shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendment.

Appears in 1 contract

Samples: Stillwater Mining Company (Stillwater Mining Co /De/)

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