Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) request the Holder of the Note to deliver it to the Trustee. The Trustee shall (if required by the Company and in accordance with the specific direction of the Company) place an appropriate notation on the Note 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 issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 83 contracts
Samples: Indenture (US Foods Holding Corp.), Indenture (Phinia Inc.), Indenture (Hertz Corp)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) request may require the Holder of the Note to deliver it such Note to the Trustee. The Trustee shall (if required by the Company and in accordance with the specific direction of At the Company) 's expense, the Trustee may place an appropriate notation on the Note 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 notation, or issue a new Note Note, shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 23 contracts
Samples: Indenture (Jsce Inc), Indenture (Carrier1 International S A), Indenture (Regal Cinemas Inc)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) request may require the Holder of the Note to deliver it such Note to the Trustee. The Trustee shall (if required by the Company and in accordance with the specific direction of At the Company) ’s expense, the Trustee may place an appropriate notation on the Note 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 notation, or issue a new Note Note, shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 15 contracts
Samples: Indenture (Sothebys), Guaranty Agreement (Steel Dynamics Inc), Indenture (Steel Dynamics Inc)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) request may require the Holder of the Note to deliver it such Note to the Trustee. The Trustee shall (if required by the Company and in accordance with the specific direction of At the Company) ’s expense, the Trustee may place an appropriate notation on the Note 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 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 13 contracts
Samples: Indenture (Tw Telecom Inc.), Indenture (Tw Telecom Inc.), Indenture (Earthlink Inc)
Notation on or Exchange of Notes. If an amendment, supplement supplement, or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific written direction of the Company) shall request the Holder of the Note (in accordance with the specific written direction of the Company) to deliver it to the Trustee. The In such case, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) place an appropriate notation on the Note about 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 issue, the Guarantors shall endorse, 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 10 contracts
Samples: Indenture (Crown Holdings Inc), Indenture (General Cable Corp /De/), Indenture (Language Line Costa Rica, LLC)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) request the Holder of the Note to deliver it to the Trustee. The Trustee shall (if required by the Company and in accordance with the specific direction of the Company) place an appropriate notation on the Note 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 issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 10 contracts
Samples: Indenture (Galaxy Cable Inc), Indenture (Leiner Health Products Inc), Indenture (Mettler Toledo Holding Inc)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) request the such Holder of the Note to deliver it to the Trustee. The Trustee shall (if required by the Company and in accordance with the specific direction of the Company) place an appropriate notation on the Note 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 issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 8 contracts
Samples: Ninth Supplemental Indenture (Graphic Packaging Holding Co), Seventh Supplemental Indenture (Graphic Packaging Holding Co), Eighth Supplemental Indenture (Graphic Packaging Holding Co)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) request the Holder of the Note to deliver it to the Trustee. The Trustee shall (if required by the Company and in accordance with the specific direction of the Company) place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Company 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 issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 8 contracts
Samples: Fifth Supplemental Indenture (Sally Beauty Holdings, Inc.), Indenture (Sally Beauty Holdings, Inc.), Third Supplemental Indenture (Sally Beauty Holdings, Inc.)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company Issuer and in accordance with the specific direction of the CompanyIssuer) request the Holder holder of the Note to deliver it to the Trustee. The Trustee shall (if required by the Company Issuer and in accordance with the specific direction of the CompanyIssuer) place an appropriate notation on the Note 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 issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 7 contracts
Samples: Indenture (Warner Music Group Corp.), Indenture (Warner Music Group Corp.), Indenture (Warner Music Group Corp.)
Notation on or Exchange of Notes. If an amendment, supplement supplement, or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific written direction of the Company) shall request the Holder of the Note (in accordance with the specific written direction of the Company) to deliver it to the Trustee. The In such case, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) place an appropriate notation on the Note 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, the Guarantors shall endorse, 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 7 contracts
Samples: Indenture (Moore Wallace Inc), Indenture (Carpenter W R North America Inc), Indenture (Oglebay Norton Co /New/)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) request the Holder of the Note to deliver it its Note to the Trustee. The Trustee shall (if required by the Company and in accordance with the specific written direction of the Company) place an appropriate notation on the Note 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 issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 7 contracts
Samples: Indenture (Eastman Kodak Co), Indenture (Eastman Kodak Co), Indenture (Lyondell Houston Refinery Inc.)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note:
(a) the Trustee may require the Holder of a Note to deliver such Notes to the Trustee, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) request the Holder of the Note to deliver it to the Trustee. The Trustee shall (if required by the Company and in accordance with the specific direction of the Company) may place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, Holder and the Trustee may place an appropriate notation on any Note thereafter authenticated; or
(b) 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 issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 6 contracts
Samples: Indenture (Ciphergen Biosystems Inc), Exchange and Redemption Agreement (Ciphergen Biosystems Inc), Indenture (Mindspeed Technologies, Inc)
Notation on or Exchange of Notes. (a) If an amendment, supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) request the Holder of the Note to deliver it its Note to the Trustee. The Trustee shall (if required by the Company and in accordance with the specific written direction of the Company) place an appropriate notation on the Note 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 issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 6 contracts
Samples: Indenture (Lyondell Chemical Co), Indenture (Lyondell Chemical Nederland LTD), Indenture (Lyondell Chemical Co)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific written direction of the Company) shall request the Holder of the Note (in accordance with the specific written direction of the Company) to deliver it to the Trustee. The In such case, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) place an appropriate notation on the Note 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, the Guarantors shall endorse 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 5 contracts
Samples: Indenture (1295728 Alberta ULC), Indenture (Intertape Woven Products Services S.A. De C.V.), Indenture (Seminis Inc)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company Issuers and in accordance with the specific direction of the CompanyIssuers) request the Holder of the Note to deliver it its Note to the Trustee. The Trustee shall (if required by the Company Issuers and in accordance with the specific written direction of the CompanyIssuers) place an appropriate notation on the Note about 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 issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 5 contracts
Samples: Indenture (Equistar Chemicals Lp), Indenture (Lyondell Chemical Co), Indenture (Equistar Chemicals Lp)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) request may require the Holder of the Note to deliver it the Note to the Trustee. The Trustee shall (if required by at the Company and in accordance with the specific written direction of the Company) Company may place an appropriate notation on the Note about the changed terms and return it to the Holder, 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 notation, or issue a new Note Note, shall not affect the validity and effect of such amendment, supplement or waiver. Any such notation or exchange shall be made at the sole cost and expense of the Company.
Appears in 5 contracts
Samples: Indenture (New World Restaurant Group Inc), Indenture (CSS Trade Names Inc), Indenture (New World Coffee Manhattan Bagel Inc)
Notation on or Exchange of Notes. If an amendment, -------------------------------- supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) request may require the Holder of the Note to deliver it to the Trustee. The Trustee shall (if required by the Company and in accordance with the specific direction of At the Company) 's expense, the Trustee may place an appropriate notation on the Note 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 notation, or issue a new Note Note, shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 4 contracts
Samples: Indenture (TVN Entertainment Corp), Indenture (Diva Systems Corp), Indenture (Itc Deltacom Inc)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company Issuers and in accordance with the specific direction of the CompanyIssuers) request the Holder of the Note to deliver it to the Trustee. The Trustee shall (if required by the Company Issuers and in accordance with the specific direction of the CompanyIssuers) place an appropriate notation on the Note 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 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 (RSC Equipment Rental, Inc.), Indenture (RSC Equipment Rental, Inc.), Indenture (Dirsamex Sa De Cv)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific written direction of the CompanyIssuer) shall request the Holder of the Note (in accordance with the specific written direction of the Issuer) to deliver it to the Trustee. The In such case, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) place an appropriate notation on the Note 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 issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 4 contracts
Samples: Indenture (Spansion Inc.), Indenture (Spansion Inc.), Indenture (Spansion Inc.)
Notation on or Exchange of Notes. If an amendment, -------------------------------- supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) request may require the Holder of the Note to deliver it such Note to the Trustee. The Trustee shall (if required by the Company and in accordance with the specific direction of At the Company) 's expense, the Trustee may place an appropriate notation on the Note 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 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 (Ipc Information Systems Inc), Indenture (Marvel Enterprises Inc), Indenture (Urs Corp /New/)
Notation on or Exchange of Notes. If an amendment, supplement supplement, or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific written direction of the Company) shall request the Holder of the Note (in accordance with the specific written direction of the Company) to deliver it to the Trustee. The In such case, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) place an appropriate notation on the Note 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 issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 3 contracts
Samples: Indenture (Fti Consulting Inc), Indenture (Valassis Communications Inc), Indenture (Fti Consulting Inc)
Notation on or Exchange of Notes. If an amendment, supplement supplement, or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific written direction of the CompanyIssuers) shall request the Holder (in accordance with the specific written direction of the Note Issuers) to deliver it to the Trustee. The In such case, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) place an appropriate notation on the Note about 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 issue, the Guarantors shall endorse, 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 (Trilogy International Partners Inc.), Indenture (Trilogy International Partners Inc.), Indenture (Alignvest Acquisition Corp)
Notation on or Exchange of Notes. If an amendment, ----------------------------------- supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) request may require the Holder of the Note to deliver it such Note to the Trustee. The Trustee shall (if required by the Company and in accordance with the specific direction of At the Company) 's expense, the Trustee may place an appropriate notation on the Note about the changed terms and return it to the Holder, 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 notation, or issue a new Note Note, shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 2 contracts
Samples: Indenture (Aon Corp), Indenture (Aon Corp)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) request may require the Holder of the Note to deliver it such Note to the Trustee. The Trustee shall (if required by the Company and in accordance with the specific direction of At the Company) 's expense, the Trustee may place an appropriate notation on the Note about the changed terms and return it to the Holder, 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 notation, or issue a new Note Note, shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 2 contracts
Samples: Indenture (Aon Corp), Indenture (Citizens Banking Corp)
Notation on or Exchange of Notes. If an amendment, supplement supplement, or waiver changes the terms of a Note, the Trustee shall Administrative Agent (if required by the Company and in accordance with the specific written direction of the Company) shall request the Holder (in accordance with the specific written direction of the Note Company) to deliver it to the TrusteeAdministrative Agent. The Trustee In such case, the Administrative Agent shall (if required by the Company and in accordance with the specific direction of the Company) place an appropriate notation on the Note 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, the Guarantors shall endorse, and the Trustee Administrative Agent 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: Note Purchase Agreement (Trilogy International Partners Inc.), Note Purchase Agreement (Trilogy International Partners Inc.)
Notation on or Exchange of Notes. If an amendment, supplement supplement, or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific written direction of the Company) shall request the Holder of the Note (in accordance with the specific written direction of the Company) to deliver it to the Trustee. The In such case, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) place an appropriate notation on the Note 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, the Guarantors shall endorse, 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, amendment supplement or waiver.
Appears in 2 contracts
Samples: Indenture (Aircraft Service International Inc), Indenture (United Industries Corp)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) request may require the Holder of the Note to deliver it to the Trustee. The At the Issuer's expense, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) may place an appropriate notation on the Note 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 Note shall issue and the Trustee shall 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 2 contracts
Samples: Indenture (Multicare Companies Inc), Indenture (Genesis Eldercare Acquisition Corp)
Notation on or Exchange of Notes. If an amendment, supplement --------------------------------------- or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) request may require the Holder of the Note to deliver it such Note to the Trustee. The Trustee shall (if required by the Company and in accordance with the specific direction of At the Company) 's expense, the Trustee may place an appropriate notation on the Note 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 notation, or issue a new Note Note, shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 2 contracts
Samples: Indenture (CFW Communications Co), Indenture (CFW Communications Co)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) request may require the Holder of the Note to deliver it such Note to the Trustee. The Trustee shall (if required by the Company and in accordance with the specific direction of At the Company) ’s expense, the Trustee may place an appropriate notation on the such Note about the changed terms and return it to the Holder, 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 such Note shall issue and the Trustee shall 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 2 contracts
Samples: Indenture (Molina Healthcare Inc), Indenture (Dean Foods Co)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) request may require the Holder of the Note to deliver it such Note to the Trustee. The Trustee shall (if required by the Company and in accordance with the specific direction of At the Company) ’s expense, the Trustee may place an appropriate notation nota- tion on the Note 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 notation, or issue a new Note Note, shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 1 contract
Samples: Indenture (Sothebys)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific written direction of the CompanyIssuer) shall request the Holder (in accordance with the specific written direction of the Note Issuer) to deliver it to the Trustee. The In such case, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) place an appropriate notation on the Note 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 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 (Hilltop Holdings Inc.)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific written direction of the Company) shall request the Holder of the Note (in accordance with the specific written direction of the Company) to deliver it to the Trustee. The In such case, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) place an appropriate notation on the Note 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, the Guarantors shall endorse, 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
Notation on or Exchange of Notes. If an amendment, supplement supplement, or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific written direction of the Company) shall request the Holder of the Note (in accordance with the specific written direction of the Company) to deliver it to the Trustee. The In such case, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) place an appropriate notation on the Note 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 issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 1 contract
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) request may require the Holder of the Note to deliver it such Note to the Trustee. The Trustee shall (if required by the Company and in accordance with the specific direction of At the Company) ’s expense, the Trustee may place an appropriate notation on the Note about the changed terms and return it to the Holder, 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 notation, or issue a new Note Note, shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 1 contract
Samples: Indenture (Aon Corp)
Notation on or Exchange of Notes. If an amendment, supplement supplement, or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific written direction of the Company) shall request the Holder of the Note (in accordance with the specific written direction of the Company) to deliver it to the Trustee. The In such case, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) place an appropriate notation on the Note about 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 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
Notation on or Exchange of Notes. If an amendment, supplement or waiver amendment changes the terms of a Note, the Trustee shall may (if required by the Company Issuer and in accordance with the specific direction directions of the CompanyIssuer) request require the Holder of the Note to deliver it to the Trustee. The Trustee shall may (if required by the Company Issuer and in accordance with the specific direction directions of the CompanyIssuer) place an appropriate notation on the Note about 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 and effect of such amendment, supplement or waiver.
Appears in 1 contract
Samples: Indenture (American Seafoods Corp)
Notation on or Exchange of Notes. If an amendment, supplement supplement, or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific written direction of the Company) shall request the Holder of the Note (in accordance with the specific written direction of the Company) to deliver it to the Trustee. The In such case, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) place an appropriate notation on the Note 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, the Guarantors shall endorse, 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 (R H Donnelley Corp)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) request the Holder of the Note to deliver it to the Trustee. The Trustee shall (if required by the Company and in accordance with the specific direction of the Company) place an appropriate notation on the Note 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 authen ticate 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 (Us Office Products Co)
Notation on or Exchange of Notes. If an amendment, supplement supplement, or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific written direction of the CompanyIssuer) shall request the Holder of the Note (in accordance with the specific written direction of the Issuer) to deliver it to the Trustee. The In such case, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) place an appropriate notation on the Note 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 issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 1 contract
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific written direction of the Company and at the expense of the Company) request the Holder of the Note to deliver it to the Trustee. The Trustee shall (if required by the Company and in accordance with the specific direction of the Company) place an appropriate notation on the Note 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 issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 1 contract
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) request the Holder of the Note to deliver it to the Trustee. The Trustee shall (if required by the Company and in accordance with the specific direction of the Company) place an appropriate notation on the Note 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 issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.. ARTICLE X
Appears in 1 contract
Samples: Indenture (Avis Budget Group, Inc.)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) request may require the Holder of the Note to deliver it such Note to the Trustee. The Trustee shall (if required by the Company and in accordance with the specific direction of At the Company) 's expense, the Trustee may place an appropriate notation on the Note about the changed terms and return it to the HolderHolder and the Trustee may place an appropriate 81 74 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 notation, or issue a new Note Note, shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 1 contract
Samples: Indenture (Primark Corp)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) request may require the Holder of the such Note to deliver it to the Trustee. The Trustee shall (if required by the Company and in accordance with the specific direction of the Company) may place an appropriate notation on the Note 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, the Guarantors shall endorse and the Trustee shall 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.. 76 69
Appears in 1 contract
Samples: Indenture (Express Scripts Inc)
Notation on or Exchange of Notes. If an -------------------------------- amendment, supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) request the Holder of the Note to deliver it to the Trustee. The Trustee shall (if required by the Company and in accordance with the specific direction of the Company) place an appropriate notation on the Note 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 issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 1 contract
Samples: Indenture (Telegroup Inc)
Notation on or Exchange of Notes. If an amendment, supplement supplement, or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific written direction of the Company) shall request the Holder of the Note (in accordance with the specific written direction of the Company) to deliver it to the Trustee. The In such case, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) place an appropriate notation on the Note 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 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 (Seneca Erie Gaming Corp)
Notation on or Exchange of Notes. (a) If an amendment, supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) request the Holder of the Note to deliver it its Note to the Trustee. The Trustee shall (if required by the Company and in accordance with the specific direction of the Company) place an appropriate notation on the Note 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 issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 1 contract
Samples: Indenture (Thermadyne MFG LLC)
Notation on or Exchange of Notes. (a) If an amendment, supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific written direction of the Company) request the Holder of the Note to deliver it its Note to the Trustee. The Trustee shall (if required by the Company and in accordance with the specific written direction of the Company) place an appropriate notation on the Note 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 issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 1 contract
Notation on or Exchange of Notes. If an amendment, supplement or waiver amendment changes the terms of a Note, the Trustee shall (if required by may require the Company and in accordance with the specific direction of the Company) request the Holder holder of the Note to deliver it to the Trustee, at the Issuer‟s expense. The Trustee shall (if required by the Company and in accordance with the specific direction of the Company) may place an appropriate notation on the Note about regarding the changed terms and return it to the Holderholder, at the Issuer‟s expense. Alternatively, if the Company Issuer or the Trustee so determines, the Company Issuer in exchange for the Note shall issue and the Trustee shall (in the case of a determination by the Issuer, upon written notice in accordance with Section 2.02) 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
Notation on or Exchange of Notes. If an amendment, -------------------------------- supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) request the Holder of the Note to deliver it to the Trustee. The Trustee shall (if required by the Company and in accordance with the specific direction of the Company) place an appropriate notation on the Note 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 issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 1 contract
Samples: Indenture (Dynatech Corp)
Notation on or Exchange of Notes. If an amendment, supplement supplement, or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific written direction of the CompanyIssuers) shall request the Holder of the Note (in accordance with the specific written direction of the Issuers) to deliver it to the Trustee. The In such case, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) place an appropriate notation on the Note 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 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, amendment supplement or waiver.
Appears in 1 contract
Samples: Indenture (TWP Capital Corp Ii)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) request may require the Holder of the Note to deliver it to the Trustee. The Trustee shall (if required by the Company and in accordance with the specific direction of At the Company) 's expense and direction, the Trustee may place an appropriate notation on the Note 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 notation, or issue a new Note Note, shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 1 contract
Samples: Indenture (Bti Telecom Corp)
Notation on or Exchange of Notes. If an amendment, supplement supplement, or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific written direction of the Company) shall request the Holder of the Note (in accordance with the specific written direction of the Company) to deliver it to the Trustee. The In such case, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) place an appropriate notation on the Note 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 authenticate, upon receipt of a Company Order, 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 (CEB Inc.)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific written direction of the Company) shall request the Holder of the Note (in accordance with the specific written direction of the Company) to deliver it to the Trustee. The In such case, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) place an appropriate notation on the Note 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 issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 1 contract
Samples: Indenture (MMH Holdings Inc)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) request the Holder of the Note to deliver it its Note to the Trustee. The Trustee shall (if required by the Company and in accordance with the specific direction of the Company) place an appropriate notation on the Note 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 issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 1 contract
Samples: Indenture (Viasystems Group Inc)
