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

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers may require the Holder of the Note to deliver it to the Trustee. The Issuers shall provide the Trustee with an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expense. Alternatively, if the Issuers or the Trustee so determines, the 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 issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 48 contracts

Samples: Indenture (Ryman Hospitality Properties, Inc.), Indenture (JBS S.A.), Indenture (JBS S.A.)

AutoNDA by SimpleDocs

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Issuer may require the Holder of the Note to deliver it to the Trustee. The Issuers Issuer shall provide the Trustee with an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at the Issuers’ Issuer’s expense. Alternatively, if the Issuers Issuer or the Trustee so determines, the Issuers 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 issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 47 contracts

Samples: Supplemental Indenture (CoreCivic, Inc.), Third Supplemental Indenture (CoreCivic, Inc.), Indenture (Omega Healthcare Investors Inc)

Notation on or Exchange of Notes. If an amendment, modification or supplement or waiver changes the terms of a Note, the Issuers Issuer or the Trustee may require the Holder of the Note to deliver it to the Trustee. The Issuers shall provide the Trustee with may place an appropriate notation on the Note about and on any Note subsequently authenticated regarding the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expenseHolder. Alternatively, if the Issuers or the Trustee Issuer so determines, the Issuers 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 and effect of such amendment, supplement modification or waiversupplement.

Appears in 29 contracts

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

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Issuer may require the Holder of the Note to deliver it to the Trustee. The Issuers Issuer shall provide the Trustee with an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at the Issuers’ Issuer’s expense. Alternatively, if the Issuers Issuer or the Trustee so determines, the Issuers Issuer 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 issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 29 contracts

Samples: Indenture (Sensata Technologies Holding PLC), Indenture (Sensata Technologies Holding PLC), Indenture (Sensata Technologies Holding PLC)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Issuer may require the Holder holder of the Note to deliver it to the Trustee. The Issuers shall provide the Trustee with may place an appropriate notation on the Note about regarding the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expenseholder. Alternatively, if the Issuers Issuer or the Trustee so determinesdetermine, the Issuers Issuer in exchange for the Note shall issueissue and, and upon written order of the Issuer signed by an Officer, 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 and effect of such amendment, supplement or waiver.

Appears in 23 contracts

Samples: Indenture (Rackspace Technology, Inc.), Indenture (Forward Air Corp), Indenture (Chart Industries Inc)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers may require the Holder holder of the Note to deliver it to the Trustee. The Issuers shall provide the Trustee with may place an appropriate notation on the Note about regarding the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expenseholder. Alternatively, if the Issuers or the Trustee so determinesdetermine, the Issuers in exchange for the Note shall issueissue and, and upon written order of each Issuer signed by an Officer, 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 and effect of such amendment, supplement or waiver.

Appears in 18 contracts

Samples: Indenture (EP Energy Corp), Indenture (Talos Energy Inc.), Exchange Agreement (Talos Energy Inc.)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Issuer may require the Holder of the Note to deliver it to the Indenture Trustee. The Issuers shall provide the Indenture Trustee with may place an appropriate notation on the Note about regarding the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expenseHolder. Alternatively, if the Issuers Issuer or the Indenture Trustee so determines, the Issuers Issuer in exchange for the Note shall issue, issue and the Trustee Indenture Trustee, in accordance with an Issuer Order, 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 and effect of such amendment, supplement or waiver.

Appears in 18 contracts

Samples: Master Transaction Agreement (Emergent Capital, Inc.), Master Transaction Agreement (Emergent Capital, Inc.), Master Transaction Agreement (Emergent Capital, Inc.)

Notation on or Exchange of Notes. If an amendment, supplement or waiver amendment changes the terms of a Note, the Issuers Trustee may require the Holder of the Note to deliver it to the Trustee. The Issuers shall provide the Trustee with so an appropriate notation may be reflected therein. The Trustee may also place an appropriate notation about an amendment, supplement or waiver on the any Note about the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expensethereafter authenticated. Alternatively, if the Issuers or the Trustee so determines, the Issuers Issuer in exchange for the Note shall issue, all Notes may issue and the Trustee shall authenticateshall, a upon receipt of an Authentication Order, authenticate new Note Notes that reflects reflect the changed termsamendment, supplement or waiver. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 15 contracts

Samples: Indenture (FTAI Aviation Ltd.), Indenture (FTAI Aviation Ltd.), Indenture (FTAI Aviation Ltd.)

Notation on or Exchange of Notes. If an amendment, supplement supplement, or waiver changes the terms of a Note, the Issuers may require Trustee (in accordance with the specific written direction of the Issuer) shall request the Holder (in accordance with the specific written direction of the Note Issuer) to deliver it to the Trustee. The Issuers shall provide In such case, the Trustee with shall place an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expenseHolder. Alternatively, if the Issuers Issuer or the Trustee so determines, the Issuers Issuer 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 issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 14 contracts

Samples: Indenture (News Corp), Indenture (Match Group, Inc.), Indenture (News Corp)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Trustee may require the Holder of the such Note to deliver it to the Trustee. The Issuers shall provide the Trustee with may place an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expenseHolder. Alternatively, if the Issuers Company or the Trustee so determines, the Issuers Company in exchange for the Note shall issue, issue and the Trustee shall authenticate, authenticate a new Note that reflects the changed terms. Any such notation or exchange shall be made at the sole cost and expense of the Company. Failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 8 contracts

Samples: Indenture (Amida Industries Inc), Indenture (Terex Corp), Indenture (Terex Corp)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, : (a) the Issuers Trustee may require the Holder of the a Note to deliver it such Note to the Trustee. The Issuers shall provide , the Trustee with may place an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at and the Issuers’ expense. Alternatively, Trustee may place an appropriate notation on any Note thereafter authenticated; or (b) if the Issuers Company or the Trustee so determines, the Issuers 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 issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 7 contracts

Samples: Indenture (Lear Corp /De/), Indenture (Lear Corp), Indenture (Lear Corp /De/)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Issuer may require the Holder of the Note to deliver it to the Trustee. The Issuers Issuer shall provide the Trustee with an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at the Issuers’ Issuer's expense. Alternatively, if the Issuers Issuer or the Trustee so determines, the Issuers Issuer 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 issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 7 contracts

Samples: Indenture (Nortek Inc), Indenture (Nortek Inc), Indenture (Nortek Inc)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers may require the Holder holder of the Note to deliver it to the Trustee. The Issuers shall provide the Trustee with may place an appropriate notation on the Note about regarding the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expenseholder. Alternatively, if the Issuers or the Trustee so determinesdetermine, the Issuers in exchange for the Note shall issueissue and, and upon written order of the Issuers signed by an Officer, 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 and effect of such amendment, supplement or waiver.

Appears in 6 contracts

Samples: Indenture (Garrett Motion Inc.), Indenture (ADT Inc.), Indenture (Muzak Capital, LLC)

Notation on or Exchange of Notes. If an amendment, supplement supplement, modification or waiver changes the terms of a Note, the Issuers may require the each Holder of the a Note to deliver it to the Trustee. The Issuers shall provide the Trustee with an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expense. Alternatively, if the Issuers or the Trustee so determinesdetermine, the Issuers in exchange for the Note shall issueissue and, and upon receipt of written direction from the Issuers, the Trustee shall authenticate, authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement supplement, modification or waiver.

Appears in 5 contracts

Samples: Indenture (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Indenture (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Indenture (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, : (a) the Issuers Trustee may require the Holder of the a Note to deliver it such Notes to the Trustee. The Issuers shall provide , the Trustee with may place an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at and the Issuers’ expense. Alternatively, Trustee may place an appropriate notation on any Note thereafter authenticated; or (b) if the Issuers Issuer or the Trustee so determines, the Issuers Issuer 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 issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 5 contracts

Samples: First Supplemental Indenture (Lions Gate Entertainment Corp /Cn/), Supplemental Indenture (Lions Gate Entertainment Corp /Cn/), Indenture (Lions Gate Entertainment Inc)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Issuer may require the Holder holder of the such Note to deliver it to the First Lien Trustee. The Issuers shall provide the First Lien Trustee with may place an appropriate notation on the such Note about regarding the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expenseholder. Alternatively, if the Issuers Issuer or the First Lien Trustee so determinesdetermine, the Issuers Issuer in exchange for the such Note shall issueissue and, and upon written order of the Issuer signed by an Officer, the First Lien 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 and effect of such amendment, supplement or waiver.

Appears in 4 contracts

Samples: Indenture (Mallinckrodt PLC), Indenture (Mallinckrodt PLC), Indenture (Mallinckrodt PLC)

Notation on or Exchange of Notes. If an amendment, supplement or waiver amendment changes the terms of a Note, the Issuers Trustee may require the Holder holder of the Note to deliver it such Note to the Trustee. The Issuers shall provide the Trustee with may place an appropriate notation on the Note about regarding the changed terms and cause the Trustee to return it such Note to the Holder at holder of the Issuers’ expenseNote. Alternatively, if the Issuers Issuer or the Trustee so determines, the Issuers Issuer in exchange for the Note shall issue, issue and the Trustee Trustee, upon written order of the Issuer pursuant to Section 2.03, 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 and effect of such amendment, supplement or waiver.

Appears in 4 contracts

Samples: Indenture (PT Indosat TBK), Indenture (PT Indosat TBK), Indenture (P T Indosat TBK)

Notation on or Exchange of Notes. If an amendment, modification or supplement or waiver changes the terms of a Note, the Issuers Issuer or Trustee may require the Holder of the Note to deliver it its Notes to the Trustee. The Issuers shall provide the Trustee with may place an appropriate notation on the Note about and on any Note subsequently authenticated regarding the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expenseHolder. Alternatively, if the Issuers or the Trustee Issuer so determines, the Issuers Issuer in exchange for the Note shall issue, issue and the Trustee shall authenticateshall, a upon receipt of an Authentication Order, authenticate new Note Notes that reflects reflect the changed termsamendment, supplement or waiver. Failure to make the appropriate notation or issue a new Note shall will not affect the validity and effect of such amendment, supplement or waiver.

Appears in 4 contracts

Samples: Indenture (Compton Petroleum Holdings CORP), Indenture (Compton Petroleum Holdings CORP), Indenture (Compton Petroleum Holdings CORP)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Issuer may require the Holder of the Note to deliver it to the Trustee. The Issuers Issuer shall provide the Trustee with an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at the Issuers’ Issuer’s expense. Alternatively, if the Issuers Issuer or the Trustee so determinesdetermine, the Issuers 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 issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 4 contracts

Samples: Indenture (Navios Maritime Holdings Inc.), Indenture (Navios Maritime Holdings Inc.), Indenture (Global Ship Lease, Inc.)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers may require the Holder of the Note to deliver it to the Trustee. The Issuers shall provide the Trustee with an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expense. Alternatively, if the Issuers or the Trustee so determinesdetermine, the Issuers in exchange for the Note shall issue, issue and the Trustee shall authenticateshall, upon receipt of an Authentication Order, authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 4 contracts

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

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Issuer may require the Holder of the Note to deliver it to the Trustee. The Issuers Issuer shall provide the Trustee with an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at the Issuers’ Issuer's expense. Alternatively, if the Issuers Issuer or the Trustee so determines, the Issuers 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 issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 3 contracts

Samples: Indenture (Communications & Power Industries Inc), Indenture (Ply Gem Industries Inc), Indenture (Inverness Medical Innovations Inc)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Issuer may require the Holder holder of the such Note to deliver it to the Second Lien Trustee. The Issuers shall provide the Second Lien Trustee with may place an appropriate notation on the such Note about regarding the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expenseholder. Alternatively, if the Issuers Issuer or the Second Lien Trustee so determinesdetermine, the Issuers Issuer in exchange for the such Note shall issueissue and, and upon written order of the Issuer signed by an Officer, the Second Lien 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 and effect of such amendment, supplement or waiver.

Appears in 3 contracts

Samples: Indenture (Mallinckrodt PLC), Indenture (Mallinckrodt PLC), Indenture (Mallinckrodt PLC)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Issuer may require the Holder of the Note to deliver it to the Trustee. The Issuers shall provide Trustee (or the Trustee with an appropriate Registrar, at the direction of the Trustee) at the direction of the Issuer may place a notation on the Note about regarding the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expenseHolder. Alternatively, if the Issuers or the Trustee Issuer so determines, the Issuers Issuer in exchange for the Note shall issue, issue and the Trustee or the Authenticating Agent shall authenticate, authenticate a new Note that reflects the changed terms. Failure to make the appropriate a notation or to issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 3 contracts

Samples: Supplemental Indenture (Kronos Worldwide Inc), Indenture (Kronos Worldwide Inc), Indenture (Kronos Worldwide Inc)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Issuer may require the Holder of the Note to deliver it to the Trustee. The Issuers shall provide the Trustee with may place an appropriate notation on the Note about regarding the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expenseHolder. Alternatively, if the Issuers Issuer or the Trustee so determines, the Issuers Issuer in exchange for the Note shall issueissue and, and upon a written order of the Issuer signed by an Officer, 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 and effect of such amendment, supplement or waiver.

Appears in 3 contracts

Samples: Indenture (ACCO BRANDS Corp), Indenture (ACCO BRANDS Corp), Indenture (Acco Brands Corp)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers may require the Holder of the Note to deliver it to the Trustee. The Issuers shall provide the Trustee with an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expense. Alternatively, if the Issuers or the Trustee so determinesdetermine, the Issuers 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 issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 3 contracts

Samples: Indenture (Warner Chilcott PLC), Indenture (Universal City Travel Partners), Indenture (Universal City Travel Partners)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers may require the Holder holder of the Note to deliver it to the Trustee. The Issuers shall provide the Trustee with may place an appropriate notation on the Note about regarding the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expenseholder. Alternatively, if the Issuers or the Trustee so determinesdetermine, the Issuers in exchange for the Note shall issueissue and, and upon written order of the Issuers signed by an Officer of each Issuer, 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 and effect of such amendment, supplement or waiver.

Appears in 3 contracts

Samples: Indenture (Exela Technologies, Inc.), Restructuring Support Agreement (Exela Technologies, Inc.), Indenture (Exela Technologies, Inc.)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Trustee may require the Holder of the Note to deliver it to the Trustee. The Issuers shall provide the Trustee with may place an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at and the Issuers’ expenseTrustee may place an appropriate notation on any Note thereafter authenticated. Alternatively, if the Issuers Company or the Trustee so determines, the Issuers 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 notation, or issue a new Note Note, shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 3 contracts

Samples: Indenture (Dobson Communications Corp), Indenture (Dobson Communications Corp), Indenture (Dobson Wireline Co)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Trustee may require the Holder of the Note to deliver it to the Trustee. The Issuers shall provide At the Company's expense, the Trustee with may place an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at and the Issuers’ expenseTrustee may place an appropriate notation on any Note thereafter authenticated. Alternatively, if the Issuers Company or the Trustee so determines, the Issuers 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 notation, or issue a new Note Note, shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 3 contracts

Samples: Indenture (Knology Holdings Inc /Ga), Indenture (Itc Deltacom Inc), Indenture (Knology Inc)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers may require the Holder of the Note to deliver it to the Trustee. The Issuers shall provide the Trustee with an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expense. Alternatively, if the Issuers or the Trustee so determines, the Issuers 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 issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 3 contracts

Samples: Indenture (Houghton Mifflin Finance, Inc.), Indenture (Norcraft Capital Corp.), Indenture (Norcraft Holdings, L.P.)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Issuer may require the Holder holder of the Note to deliver it to the Trustee. The Issuers shall provide the Trustee with may place an appropriate notation on the Note about regarding the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expenseholder. Alternatively, if the Issuers Issuer or the Trustee so determinesdetermine, the Issuers Issuer in exchange for the Note shall issueissue and, and upon written order of the Issuer signed by an Authorized Officer, 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 and effect of such amendment, supplement or waiver.

Appears in 3 contracts

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

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Trustee may require the Holder of the Note to deliver it to the Trustee. The Issuers shall provide the Trustee with may place an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expenseHolder. Alternatively, if the Issuers Company or the Trustee so determines, the Issuers Company in exchange for the Note shall issue, issue and the Trustee shall authenticate, authenticate a new Note that reflects the changed terms. Any such notation or exchange shall be made at the sole cost and expense of the Company. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 3 contracts

Samples: Indenture (Railworks Corp), Indenture (Aerosol Services Co Inc), Indenture (Royal Oak Mines Inc)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Trustee may require the Holder of to deliver the Note to deliver it to the Trustee. The Issuers shall provide the Trustee with may place an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at and the Issuers’ expenseTrustee may place an appropriate notation on any Note thereafter authenticated. Alternatively, if the Issuers Company or the Trustee so determines, the Issuers 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 issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 2 contracts

Samples: Indenture (Aurora Electronics Inc), Indenture (Cerplex Group Inc/De)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers may Trustee shall (in accordance with the specific direction of the Issuer) require the Holder of the Note to deliver it to the Trustee. The Issuers Trustee shall provide (in accordance with the Trustee with specific direction of the Issuer) place an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expenseHolder. Alternatively, if the Issuers Issuer or the Trustee so determines, the Issuers Issuer 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 issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 2 contracts

Samples: Indenture (Telewest Communications PLC /New/), Indenture (Jazztel PLC)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Issuer or the Trustee may require the Holder of the Note to deliver it to the Trustee. The Issuers shall provide Issuer may instruct the Trustee with an appropriate to place a notation designated by the Issuer on the Note about regarding the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expenseHolder. Alternatively, if the Issuers Issuer or the Trustee so determines, the Issuers Issuer 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 and effect of such amendment, supplement or waiver.

Appears in 2 contracts

Samples: Indenture (Ultra Petroleum Corp), Exchange Agreement (Ultra Petroleum Corp)

Notation on or Exchange of Notes. If an amendment, modification or supplement or waiver changes the terms of a Note, the Issuers Issuer or the Trustee may require the Holder of the Note to deliver it to the Trustee. The Issuers shall provide the Trustee with may place an appropriate notation on the Note about and on any Note subsequently authenticated regarding the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expenseHolder. Alternatively, if the Issuers or the Trustee Issuer so determines, the Issuers Issuer in exchange for the Note shall issue, and the Trustee shall shall, upon receipt of an Issuer 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 and effect of such amendment, supplement modification or waiversupplement.

Appears in 2 contracts

Samples: Indenture (Lindblad Expeditions Holdings, Inc.), Indenture (Lindblad Expeditions Holdings, Inc.)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Issuer may require the Holder of the Note to deliver it to the Trustee. The Issuers shall provide the Trustee with may place an appropriate notation on the Note about regarding the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expenseHolder. Alternatively, if the Issuers or the Trustee Issuer so determines, the Issuers Issuer in exchange for the Note shall issue, issue and upon receipt of an Authentication Order the Trustee (or its Authenticating Agent) 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 and effect of such amendment, supplement or waiver.

Appears in 2 contracts

Samples: Indenture (Dave & Buster's Entertainment, Inc.), Indenture (At Home Group Inc.)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Trustee may require the Holder of the Note to deliver it to the Trustee. The Issuers shall provide the Trustee with may place an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at and the Issuers’ expenseTrustee may place an appropriate notation on any Note thereafter authenticated. Alternatively, if the Issuers Issuer or the Trustee so determines, the Issuers Issuer 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 issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 2 contracts

Samples: Indenture (Kansas City Southern), Indenture (Kansas City Southern)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Issuer may require the Holder holder of the Note to deliver it to the Trustee. The Issuers shall provide the Trustee with may place an appropriate notation on the Note about regarding the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expenseholder. Alternatively, if the Issuers Issuer or the Trustee so determinesdetermine, the Issuers Issuer in exchange for the Note shall issueissue and, and upon receipt of an Authentication Order signed by an Officer, 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 and effect of such amendment, supplement or waiver.

Appears in 2 contracts

Samples: Fourth Supplemental Indenture (Sunnova Energy International Inc.), Fourth Supplemental Indenture (Sunnova Energy International Inc.)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a NoteNote of any series, the Issuers may require the Holder of the such Note to deliver it to the Trustee. The Issuers shall provide the Trustee with an appropriate notation on the such Note about the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expense. Alternatively, if the Issuers or the Trustee so determines, the Issuers in exchange for the such Note shall issue, and the Trustee shall authenticate, a new Note of such series that reflects the changed terms. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 2 contracts

Samples: Indenture (Pocatello Idaho Property, L.L.C.), Indenture (Pocatello Idaho Property, L.L.C.)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers may require the Holder of the Note to deliver it to the Trustee. The Trustee (or the Registrar, at the direction of the Trustee) at the direction of the Issuers shall provide the Trustee with an appropriate may place a notation on the Note about regarding the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expenseHolder. Alternatively, if the Issuers or the Trustee so determinesdetermine, the Issuers in exchange for the Note shall issue, issue and the Trustee or the Authenticating Agent shall authenticate, authenticate a new Note that reflects the changed terms. Failure to make the appropriate a notation or to issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 2 contracts

Samples: Indenture (Tenneco Inc), Indenture (Tenneco Inc)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Issuer may require the Holder of the Note to deliver it to the Trustee. The Issuers Issuer shall provide the Trustee with an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at the Issuers’ Issuer's expense. Alternatively, if the Issuers Issuer or the Trustee so determines, the Issuers 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 issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 2 contracts

Samples: Indenture (MAAX Holdings, Inc.), Indenture (MAAX Holding Co.)

AutoNDA by SimpleDocs

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Issuer may require the Holder of the Note to deliver it to the Trustee. The Issuers shall provide the Trustee with Issuer may place an appropriate notation on the Note about regarding the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expenseHolder. Alternatively, if the Issuers Issuer or the Trustee so determinesdetermine, the Issuers Issuer in exchange for the Note shall issueissue and, and upon written order of the Issuer signed by an Officer, 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 and effect of such amendment, supplement or waiver.

Appears in 2 contracts

Samples: Indenture (Coronado Global Resources Inc.), Indenture (Coronado Global Resources Inc.)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers may require the Holder of the Note to deliver it to the Trustee. The Issuers Issuer shall provide the Trustee with an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expense. Alternatively, if the Issuers Issuer or the Trustee so determines, the Issuers 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 issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 2 contracts

Samples: Indenture (Westmoreland Energy LLC), Indenture (WESTMORELAND COAL Co)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Issuer may require the Holder of the Note to deliver it to the Trustee. The Issuers shall provide the Trustee with may place an appropriate notation on the Note about regarding the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expenseHolder. Alternatively, if the Issuers Issuer or the Trustee so determinesdetermine, the Issuers Issuer in exchange for the Note shall issueissue and, and upon written order of the Issuer signed by a Responsible Officer, 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 and effect of such amendment, supplement or waiver.

Appears in 2 contracts

Samples: Indenture (Fresh Market Holdings, Inc.), Indenture (Fresh Market Holdings, Inc.)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Issuer or Holdings may require the Holder of the Note to deliver it to the Trustee. The Issuers shall provide the Trustee with may place an appropriate notation on the Note about regarding the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expenseHolder. Alternatively, if the Issuers Issuer, Holdings or the Trustee so determines, the Issuers Issuer and Holdings 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 and effect of such amendment, supplement or waiver.

Appears in 2 contracts

Samples: Indenture (Intelsat LTD), Indenture (Intelsat LTD)

Notation on or Exchange of Notes. If an amendment, modification or supplement or waiver changes the terms of a Note, the Issuers or Trustee may require the Holder of the Note to deliver it its Notes to the TrusteeTrustee or Notes Administrator. The Issuers shall provide the Trustee with or Notes Administrator may place an appropriate notation on the Note about and on any Note subsequently authenticated regarding the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expenseHolder. Alternatively, if the Issuers or the Trustee so determinesdetermine, the Issuers in exchange for the Note shall issue, issue and the Trustee Notes Administrator 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 and effect of such amendment, supplement modification or waiversupplement.

Appears in 1 contract

Samples: Indenture (Foresight Energy LP)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Issuer may require the Holder of the Note to deliver it to the Trustee. The Issuers Issuer shall provide the Trustee with an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at the Issuers’ Issuer’s expense. Alternatively, if the Issuers Issuer or the Trustee so determinesdetermine, the Issuers Issuer 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 issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 1 contract

Samples: Indenture (Interline Brands, Inc./De)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers may require the Holder of the Note to deliver it to the Trustee. The Issuers shall provide the Trustee with an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expense. Alternatively, if the Issuers or the Trustee so determines, the 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 issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 1 contract

Samples: Indenture (Horizon Lines, Inc.)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers may require the Holder of to deliver the Note to deliver it to the Trustee. The Issuers shall provide the Trustee with an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expense. Alternatively, if the Issuers or the Trustee so determines, the 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 issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 1 contract

Samples: Indenture (CareTrust REIT, Inc.)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Issuer may require the Holder of the Note to deliver it to the Trustee. The Issuers Issuer shall provide the Trustee with an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at the Issuers’ Issuer’s expense. Alternatively, if the Issuers Issuer or the Trustee so determines, the Issuers 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 issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 1 contract

Samples: Indenture (Horizon Lines, Inc.)

Notation on or Exchange of Notes. If an amendment, modification or supplement or waiver changes the terms of a Note, the Issuers Issuer or Indenture Trustee may require the Holder of the Note to deliver it to the Indenture Trustee. The Issuers shall provide the Indenture Trustee with may place an appropriate notation on the Note about and on any Note subsequently authenticated regarding the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expenseHolder. Alternatively, if the Issuers or the Trustee Issuer so determines, the Issuers Issuer in exchange for the Note shall issue, issue and upon Issuer Order the Indenture 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 and effect of such amendment, supplement modification or waiversupplement.

Appears in 1 contract

Samples: Indenture

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, : (a) the Issuers Trustee may require the Holder of the a Note to deliver it such Note to the Trustee. The Issuers shall provide , the Trustee with may place an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at and the Issuers’ expense. Alternatively, Trustee may place an appropriate notation on any Note thereafter authenticated; or (b) if the Issuers Issuer or the Trustee so determines, the Issuers Issuer 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 issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 1 contract

Samples: Indenture (BMB Munai Inc)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Trustee may require the Holder of the Note to deliver it to the Trustee. The Issuers shall provide the Trustee with may place an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at and the Issuers’ expenseTrustee may place an appropriate notation on any Note thereafter authenticated. Alternatively, if the Issuers Company or the Trustee so determines, the Issuers 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 issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.. EXHIBIT 4.17

Appears in 1 contract

Samples: Indenture (Acme Metals Inc /De/)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Trustee may require the Holder of the Note to deliver it to the Trustee. The Issuers shall provide the Trustee with may place an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at and the Issuers’ expenseTrustee may place an appropriate notation on any Note thereafter authenticated. Alternatively, if the Issuers Company or the Trustee so determinesdetermined, the Issuers Company in exchange for the Note shall issue, issue and the Trustee shall authenticate, authenticate a new Note that 72 reflects the changed terms. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 1 contract

Samples: Indenture (Innova S De Rl)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a NoteNote of any series, the Issuers Issuer may require the Holder holder of the such Note to deliver it to the Trustee. The Issuers shall provide the Trustee with may place an appropriate notation on the such Note about regarding the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expenseholder. Alternatively, if the Issuers Issuer or the Trustee so determinesdetermine, the Issuers Issuer in exchange for the such Note shall issueissue and, and upon written order of the Issuer signed by an Officer, the Trustee shall authenticate, 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 shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 1 contract

Samples: Indenture (Mallinckrodt PLC)

Notation on or Exchange of Notes. If an amendment, supplement or waiver amendment changes the terms of a Note, the Issuers Trustee may require the Holder of the Note to deliver it to the Trustee. The Issuers shall provide the Trustee with so an appropriate notation may be reflected therein. The Trustee may also place an appropriate notation about an amendment, supplement or waiver on the any Note about the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expensethereafter authenticated. Alternatively, if the Issuers or the Trustee so determines, the Issuers in exchange for the Note shall issue, all Notes may issue and the Trustee shall authenticateshall, a upon receipt of an Authentication Order, authenticate new Note Notes that reflects reflect the changed termsamendment, supplement or waiver. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 1 contract

Samples: Indenture (CONDUENT Inc)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Issuer may require the Holder of the Note to deliver it to the Trustee. The Issuers shall provide the Trustee with Issuer may place an appropriate notation on the Note about regarding the changed terms and cause the Trustee to return it to the Holder at the Issuers’ Issuer’s expense. Alternatively, if the Issuers Issuer or the Trustee so determinesdetermine, the Issuers Issuer 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 issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 1 contract

Samples: Indenture (Air Transport Services Group, Inc.)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Issuer may require the Holder of the Note to deliver it to the Trustee. The Issuers shall provide Trustee may at the Trustee with direction of the Issuer place an appropriate notation on the Note about regarding the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expenseHolder. Alternatively, if the Issuers or the Trustee Issuer so determines, the Issuers Issuer in exchange for the Note shall issue, issue and the Trustee shall authenticate, upon receipt of an Authentication Order, 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 amendment, supplement or waiver.

Appears in 1 contract

Samples: Indenture (Affinion Group, Inc.)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Issuer may require the Holder Noteholder of the Note to deliver it to the Trustee. The Issuers shall provide the Trustee with may place an appropriate notation on the Note about regarding the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expenseNoteholder. Alternatively, if the Issuers Issuer or the Trustee so determinesdetermine, the Issuers Issuer in exchange for the Note shall issueissue and, and upon written order of the Issuer signed by a Responsible Officer, 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 and effect of such amendment, supplement or waiver.

Appears in 1 contract

Samples: Indenture (Wolfspeed, Inc.)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Issuer may require the Holder holder of the Note to deliver it to the Trustee. The Issuers shall provide At the instruction of the Issuer, the Trustee with may place an appropriate notation on the Note about regarding the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expenseholder. Alternatively, if the Issuers Issuer or the Trustee so determinesdetermine, the Issuers Issuer in exchange for the Note shall issueissue and, and upon written order of the Issuer signed by an Officer, 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 and effect of such amendment, supplement or waiver.

Appears in 1 contract

Samples: Indenture (Adtalem Global Education Inc.)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers may require the Holder of the Note to deliver it to the Trustee. The Issuers shall provide the Trustee with an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at the Issuers' expense. Alternatively, if the Issuers or the Trustee so determinesdetermine, the Issuers 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 issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 1 contract

Samples: Indenture (Universal City Development Partners LTD)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Trustee may require the Holder of the Note to deliver it to the Trustee. The Issuers shall provide the Trustee with may place an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expenseof such Note. Alternatively, if the Issuers Company or the Trustee so determines, the Issuers Company in exchange for the Note shall issue, issue and the Trustee shall authenticateshall, upon receipt of an Authentication Order in accordance with Section 2.02, authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 1 contract

Samples: Indenture (Encore Industries Inc /Ga)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Issuer may require the Holder holder of the Note to deliver it to the Trustee. The Issuers shall provide the Trustee with Issuer may place an appropriate notation on the Note about regarding the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expenseholder. Alternatively, if the Issuers Issuer or the Trustee so determinesdetermine, the Issuers Issuer in exchange for the Note shall issueissue and, and upon written order of the Issuer signed by an Officer, 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 and effect of such amendment, supplement or waiver.

Appears in 1 contract

Samples: Indenture (Interface Inc)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Issuer may require the Holder of the Note to deliver it to the Trustee. The Issuers Issuer shall provide the Trustee Trus- tee with an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at the Issuers’ Issuer's expense. Alternatively, if the Issuers Issuer or the Trustee so determines, the Issuers Issuer 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 issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 1 contract

Samples: Indenture (Nortek Inc)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers may require the Holder of the Note to deliver it to the Trustee. The Issuers shall provide the Trustee with an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at the Issuers' expense. Alternatively, if the Issuers or the Trustee so determines, the Issuers 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 issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 1 contract

Samples: Indenture (Norcraft Companies Lp)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Issuer may require the Holder holder of the Note to deliver it to the Trustee. The Issuers shall provide the Trustee with may place an appropriate notation on the Note about regarding the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expenseholder. Alternatively, if the Issuers Issuer or the Trustee so determinesdetermine, the Issuers Issuer in exchange for the Note shall issueissue and, and upon written order of the Issuer signed by an Officer, 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 and effect of such amendment, supplement or waiver.

Appears in 1 contract

Samples: Indenture (TopBuild Corp)

Notation on or Exchange of Notes. If an amendment, supplement or waiver amendment changes the terms of a Note, the Issuers Trustee may require the Holder of the that Note to deliver it to the Trustee. The Issuers shall provide the Trustee with may place an appropriate notation on the Note about the regarding changed terms and cause the Trustee to return it to the Holder at the Issuers’ expenseHolder. Alternatively, if the Issuers Company or the Trustee so determines, the Issuers Company in exchange for the Note shall issue, all Notes may issue and the Trustee shall authenticateshall, a upon receipt of an Authentication Order, in accordance with Section 2.02 with respect to those Notes, authenticate new Note Notes that reflects reflect the changed terms. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 1 contract

Samples: Indenture (Superior Energy Services Inc)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuers Issuer may require the Holder holder of the such Note to deliver it to the Trustee. The Issuers shall provide the Trustee with may place an appropriate notation on the such Note about regarding the changed terms and cause the Trustee to return it to the Holder at the Issuers’ expenseholder. Alternatively, if the Issuers Issuer or the Trustee so determinesdetermine, the Issuers Issuer in exchange for the such Note shall issueissue and, and upon written order of the Issuer signed by an Officer, 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 and effect of such amendment, supplement or waiver.

Appears in 1 contract

Samples: Indenture (Mallinckrodt PLC)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!