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: Supplemental Indenture (Ryman Hospitality Properties, Inc.), Indenture (Ryman Hospitality Properties, Inc.), Indenture (JBS Holding Luxembourg S.A R.L.)

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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.), Supplemental Indenture (CoreCivic, Inc.), Indenture (OHI Healthcare Properties Limited Partnership)

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: Supplemental Indenture (Sensata Technologies Holding PLC), Supplemental Indenture (Sensata Technologies Holding PLC), Supplemental 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 20 contracts

Samples: Supplemental Indenture (Rackspace Technology, Inc.), Supplemental Indenture (Forward Air Corp), Junior Intercreditor Agreement (Chart Industries 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 TrusteeTrustee or require the Holder to put an appropriate notation on the Note. 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. Failure Any 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 19 contracts

Samples: Hong Kong Television Network LTD, MTR Gaming Group Inc, Indenture (Transtexas Gas 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 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: Supplemental Indenture (EP Energy Corp), Exchange Agreement (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 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: Supplemental Indenture (FTAI Aviation Ltd.), Supplemental 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 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), 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: Supplemental Indenture (Garrett Motion Inc.), Supplemental Indenture (ADT Inc.), Supplemental 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, 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: Supplemental Indenture (Coty Inc.), Supplemental Indenture (Coty Inc.), Supplemental 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 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: Article Twelve (Navios Maritime Holdings Inc.), Article Twelve (Navios Maritime Holdings Inc.), Indenture (Global Ship Lease, 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 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), Indosat International (PT Indosat TBK)

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), Supplemental Indenture (Mallinckrodt PLC), Exchange Agreement (Mallinckrodt PLC)

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: Supplemental 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 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: Execution Version (Kronos Worldwide Inc), Supplemental Indenture (Kronos Worldwide Inc), Kronos Worldwide 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 3 contracts

Samples: Warner Chilcott PLC, Universal City Travel Partners, Universal City Travel Partners

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: Supplemental Indenture (Talos Energy Inc.), Supplemental Indenture (Talos Energy Inc.), Supplemental 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 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: Itc Deltacom Inc, Knology Inc, Knology Holdings Inc /Ga

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 Wireline Co), Dobson Communications Corp, Dobson Communications 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 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 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: Covenants (Railworks Corp), Outsourcing Services (Aerosol Services Co Inc), Royal Oak Mines 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 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.), Supplemental Indenture (Exela Technologies, 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 (Norcraft Capital Corp.), Indenture (Norcraft Holdings, L.P.), Houghton Mifflin Finance, 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: Inverness Medical Innovations Inc, Ply Gem Industries Inc, Communications & Power Industries 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: Supplemental Indenture (Mallinckrodt PLC), Supplemental Indenture (Mallinckrodt PLC), Supplemental 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 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: Supplemental 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 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/), Jazztel 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 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.), Warrant Agreement (Sunnova Energy International 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: Acceptable Intercreditor Agreement (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 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.), Collateral Agreement (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 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.), MAAX Holding Co.

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 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 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: Pocatello Idaho Property, L.L.C., 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 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), Warrant Agreement (Ultra Petroleum 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 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: Cerplex Group Inc/De, Aurora Electronics 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 At the Issuer'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 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 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), Genesis Eldercare Acquisition 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 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 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: Supplemental Indenture (Interface Inc)

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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 amendment changes the terms of a Note, the Issuers Trustee, at the request of the Issuer, may require the Holder of the Note to deliver it to the Trustee. The Issuers shall provide Trustee, at the Trustee with request of the 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 or the Trustee Issuer so determines, the Issuers Issuer in exchange for the Note shall issue, issue and the Trustee Trustee, upon receipt of an Authentication 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 1 contract

Samples: Ch2m Hill (Ch2m Hill Companies LTD)

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 waiver.supplement. 118

Appears in 1 contract

Samples: Indenture (Lindblad Expeditions Holdings, 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: www.aespanama.com

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: Supplemental Indenture (TopBuild 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, 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: Interline (Interline Brands, Inc./De)

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: Superior Energy Services 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 TrusteeTrustee or require the Holder to put an appropriate notation on the Note. 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, will issue and the Trustee shall authenticate, will authenticate a new Note that reflects the changed terms. Failure Any 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 (Tv Filme 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: Intercreditor Agreement (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: Subordination Agreement (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 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: Horizon Lines, 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 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, 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 (Scotsman Industries 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: Acme Metals Inc /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 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: Cargo Aircraft (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 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. 126 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: Supplemental Indenture (SeaWorld Entertainment, Inc.)

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 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: 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.. SECTION 9.05

Appears in 1 contract

Samples: Indenture (Hexion Inc.)

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: Supplemental 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: CONDUENT 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 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 1 contract

Samples: 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 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 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: Supplemental 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 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: 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: 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 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: Supplemental Indenture (Mallinckrodt PLC)

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