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 Company may require the Holder of the Note to deliver it to the Trustee. The Company 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 Company’s expense. 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 24 contracts

Samples: Renal Treatment (Davita Inc.), Sensata Technologies Holding PLC, Sensata Technologies Holding PLC

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Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Company Trustee may require the Holder of the Note to deliver it such Note to the Trustee. The Company 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 Company’s expenseTrustee 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: Jsce Inc, Indenture (Regal Cinemas Inc), Indenture (Carrier1 International S A)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Company may require the Holder holder of the Note to deliver it to the Trustee. The Company 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 Company’s expenseholder. Alternatively, if the Company or the Trustee so determinesdetermine, the Company in exchange for the Note shall issue and and, upon written order of the Company signed by an Officer, 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 21 contracts

Samples: Supplemental Indenture (TheRealReal, Inc.), Supplemental Indenture (XPO, Inc.), Indenture (XPO, Inc.)

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

Appears in 19 contracts

Samples: Indenture (Kansas City Southern De Mexico, S.A. De C.V.), Indenture (Kansas City Southern De Mexico, S.A. De C.V.), Indenture (Kansas City Southern)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Company Trustee may require the Holder of the Note to deliver it such Note to the Trustee. The Company 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 Company’s expenseTrustee 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: Supplemental Indenture (Steel Dynamics Inc), Execusion Version (Steel Dynamics Inc), Indenture (SPX FLOW, Inc.)

Notation on or Exchange of Notes. If an amendment, supplement supplement, modification or waiver changes the terms of a Note, the Company may require the each Holder of the a Note to deliver it to the Trustee. The Company 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 Company’s expense. 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 supplement, modification or waiver.

Appears in 11 contracts

Samples: Indenture (Starwood Property Trust, Inc.), Indenture (Rithm Capital Corp.), Indenture (Starwood Property Trust, Inc.)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Company may require Trustee shall (in accordance with the specific direction of the Company) request the Holder of the Note to deliver it to the Trustee. The Company Trustee shall provide (in accordance with the Trustee with specific direction of the Company) place an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at the Company’s expenseHolder. 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 (Leiner Health Products Inc), Indenture (Leiner Health Products Inc), Indenture (Prime Succession Inc)

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

Appears in 8 contracts

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

Notation on or Exchange of Notes. If an amendment, amendment or supplement or waiver changes the terms of a Note, the Company Trustee may require the Holder of the Note to deliver it to the Trustee. The Company 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 Company’s expenseHolder. Alternatively, if the Company or the Trustee so determines, the Company in exchange for the Note shall issue execute and upon Company Order the Trustee shall 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 amendment or waiversupplement.

Appears in 7 contracts

Samples: Indenture (Grupo Financiero Galicia Sa), Indenture (Arcos Dorados Holdings Inc.), Indenture (Arcos Dorados Holdings Inc.)

Notation on or Exchange of Notes. If an amendment, supplement supplement, or waiver changes the terms of a Note, the Company Trustee may require request the Holder of the Note to deliver it to the Trustee. The Company 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 Company’s expenseHolder. 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 security 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 (Paxson Communications Corp), Indenture (Paxson Communications Corp), Purchase Agreement (Paxson Communications Corp)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Company may require the Holder of the Note to deliver it to the Trustee. The Company 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 Company’s 's expense. 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 4 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 Company may require the Holder of the Note to deliver it to the Trustee. The Company 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 Company’s expense. Alternatively, if the Company or the Trustee so determines, the Company in exchange for the Note shall issue issue, and the Trustee shall authenticate authenticate, a new Note that reflects the changed terms. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 4 contracts

Samples: Pilgrims Pride Corp, Pilgrims Pride Corp, Collateral and Security Documents (Exide Technologies)

Notation on or Exchange of Notes. If an amendment, supplement or waiver amendment changes the terms of a Note, the Trustee may (if required by the Company may and in accordance with specific directions of the Company) require the Holder of the Note to deliver it to the Trustee. The Company 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 Company’s expenseHolder. Alternatively, if the Company or the Trustee so determines, the Company in exchange for the Note shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 3 contracts

Samples: Supplemental Indenture (Brindlee Mountain Telephone Co), Otelco (Otelco Telecommunications LLC), Otelco (Otelco Inc.)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Company Trustee may require the Holder of the Note to deliver it to the Trustee. The Company 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 Company’s expenseHolder. 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 Notwithstanding the foregoing, any failure to make the appropriate notation or issue a such new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 2 contracts

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

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Company may require the Holder holder of the Note to deliver it to the Trustee. The Company 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 holder at the Company’s expense. 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 2 contracts

Samples: Western Digital Corp, WD Media, LLC

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Company may require the Holder of the Note to deliver it to the Trustee. The Company 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 Company’s expense. Alternatively, if the Company or the Trustee so determines, the Company in exchange for the Note shall issue and the Trustee shall shall, 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 2 contracts

Samples: 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 Company Trustee may require the Holder of the Note to deliver it to the Trustee. The Company 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 Company’s expenseTrustee may place an appropriate notation on any Note thereafter authenticated. Alternatively, if the Company or the Trustee so determines, the Company in exchange for the Note shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 2 contracts

Samples: Omnipoint Corp \De\, Omnipoint Corp \De\

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Company may require the Holder of the Note to deliver it to the Trustee. The Company 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 Company’s expenseHolder. Alternatively, if the Company or the Trustee so determines, the Company in exchange for the Note shall issue and and, upon a written order of the Company signed by an Officer, 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 2 contracts

Samples: Office Depot (Office Depot Inc), Indenture (Acco Brands Corp)

Notation on or Exchange of Notes. If an amendment, amendment or supplement or waiver changes the terms of a Note, the Company Trustee may require the Holder of the Note to deliver it to the Trustee. The Company 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 Company’s expenseHolder. Alternatively, if the Company Issuer or the Trustee so determines, the Company Issuer in exchange for the Note shall issue and the Trustee Trustee, upon receipt of an Issuer Order, shall authenticate a new Note that reflects the changed terms. Failure , but the failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, supplement amendment or waiversupplement.

Appears in 2 contracts

Samples: Indenture (GFL Environmental Holdings Inc.), Indenture (GFL Environmental Holdings Inc.)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Company may require the Holder of the Note to deliver it to the Trustee. The Company 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 Company’s expense. Alternatively, if the Company or the Trustee so determines, the Company in exchange for the Note shall issue issue, and the Trustee shall authenticate authenticate, a new Note that reflects the changed terms. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver. Section 9.06.

Appears in 2 contracts

Samples: Pilgrims Pride Corp, Pilgrims Pride Corp

Notation on or Exchange of Notes. If an amendment, supplement supplement, or waiver changes the terms of a Note, the Company Trustee may require request the Holder of the Note to deliver it to the Trustee. The Company 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 Company’s expenseHolder. Alternatively, if the Company or the Trustee so determines, the Company in exchange for the Note shall execute and 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: International Shipholding Corp, Antenna Tv Sa

Notation on or Exchange of Notes. If an a modification, amendment, supplement or waiver changes the terms of a Note, the Company Trustee may require request the Holder of the Note to deliver it to the Trustee. The Company 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 Company’s expenseHolder. 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 2 contracts

Samples: Indenture (Glasstech Inc), High Voltage Engineering Corp

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Company may require the Holder of the Note to deliver it to the Trustee. The Trustee at the direction of the Company 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 Company’s expenseHolder. 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 an Authentication Order, 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: Supplemental Indenture (Homefed Corp), Supplemental Indenture (Homefed Corp)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Company Trustee may require the Holder of the Note to deliver it to the Trustee. The Company 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 Company’s expenseTrustee 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 72 reflects the changed terms. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 2 contracts

Samples: Kansas City Southern De Mexico, S.A. De C.V., Kansas City Southern

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Company may require the Holder of the Note to deliver it to the Trustee. The Company Trustee may, but shall provide the Trustee with not be required to, 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 Company’s expensethereafter authenticated. Alternatively, if the Company or the Trustee so determines, the The Company in exchange for the Note shall all Notes may issue and the Trustee shall authenticate a 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 2 contracts

Samples: Playa Hotels & Resorts N.V., Playa Hotels & Resorts B.V.

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Company may Trustee shall (in accordance with the specific direction of the Company) require the Holder of the Note to deliver it to the Trustee. The Company Trustee shall provide (in accordance with the Trustee with specific direction of the Company) place an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at the Company’s expenseHolder. 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 2 contracts

Samples: Telewest Communications PLC /New/, CHS Electronics Inc

Notation on or Exchange of Notes. If an amendment, amendment or supplement or waiver changes the terms of a Note, the Company Trustee may require the Holder of the Note to deliver it to the Trustee. The Company 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 Company’s expenseHolder. Alternatively, if the Company or the Trustee so determines, the Company in exchange for the Note shall issue and the Trustee Trustee, upon receipt of a Company Order, shall authenticate a new Note that reflects the changed terms. Failure , but the failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, supplement amendment or waiversupplement.

Appears in 1 contract

Samples: Indenture (Baytex Energy Corp.)

Notation on or Exchange of Notes. If an amendment, -------------------------------- supplement or waiver changes the terms of a Note, the Company may Trustee may, but shall not be required to, require the Holder of the such Note to deliver it to the Trustee. The Company shall provide , and 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 Company’s expenseHolder. Alternatively, if the Company or the Trustee so determines, the Company in exchange for the such 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 1 contract

Samples: Iron Age Corp

Notation on or Exchange of Notes. If an amendment, amendment or supplement or waiver changes the terms of a Note, the Company Trustee may require the Holder of the such Note to deliver it such Note to the Trustee. The Company shall provide the Trustee with may 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 Company’s expensethereafter authenticated. Alternatively, if the Company or the Trustee so determines, the The Company in exchange for the Note shall all Notes may issue and the Trustee shall shall, upon receipt of an authentication order from the Company, authenticate a new Note Notes that reflects reflect the changed termsamendment, supplement or waiver. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 1 contract

Samples: Indenture (Sunbeam Corp/Fl/)

Notation on or Exchange of Notes. If an amendment, supplement supplement, or waiver changes the terms of a Note, the Company may require Trustee (in accordance with the Holder specific written direction of the Note to deliver it to the Trustee. The Company shall provide the Trustee with Company) may place an appropriate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at the Company’s expenseNoteholder. Alternatively, if the Company or the Trustee so determines, the Company in exchange for the Note shall may issue and and, upon a written order of the Company in the form of an Officers’ Certificate, 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 (General Cable Corp /De/)

Notation on or Exchange of Notes. If an amendment, supplement supplement, or waiver changes the terms of a Note, the Company Trustee may require request the Holder of the Note to deliver it to the Trustee. The Company 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 Company’s expenseHolder. Alternatively, if the Company Issuer or the Trustee so determinesdetermine, the Company Issuer in exchange for the Note shall issue and the Trustee shall shall, 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, amendment supplement or waiver.

Appears in 1 contract

Samples: Indenture (Muzak Heart & Soul Foundation)

Notation on or Exchange of Notes. If an amendment, supplement supplement, or waiver changes the terms of a Note, the Company Trustee may require request the Holder of the Note to deliver it to the Trustee. The Company 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 Company’s expenseHolder. Alternatively, if the Company Com- pany 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: D&f Industries Inc

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

Appears in 1 contract

Samples: Indenture (Amtran Inc)

Notation on or Exchange of Notes. If an amendment, supplement supplement, or waiver changes the terms of a Note, the Company Trustee may require request the Holder of the Note to deliver it to the Trustee. The Company 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 Company’s expenseHolder. Alternatively, if the Company Com pany or the Trustee so determines, the Company in exchange for the Note shall execute and 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: International Shipholding Corp

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Company Trustee may require the Holder of the Note to deliver it to the Trustee. The Company 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 Company’s expenseHolder. 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. 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 1 contract

Samples: Hanger Orthopedic Group Inc

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Company may require Trustee shall (upon the written direction of the Company) request the Holder of the Note to deliver it to the Trustee. The Company 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 Company’s expenseHolder. 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 security 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 (Entex Information Services Inc)

Notation on or Exchange of Notes. If an amendment, supplement or waiver amendment changes the terms of a Note, the Trustee at the written direction of the Company may require the Holder of the such Note to deliver it to the Trustee. The Trustee at the written direction of the Company 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 Company’s expenseHolder. Alternatively, if the Company or the Trustee so determines, the Company in exchange for the Note shall issue and, upon receipt of an Authentication Order and the other deliverables required hereunder, 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: Intercreditor Agreement (Lannett Co Inc)

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

Appears in 1 contract

Samples: Fifth Street Finance Corp

Notation on or Exchange of Notes. If an a modification, amendment, supplement or waiver changes the terms of a Note, the Company Trustee may require request the Holder of the Note to deliver it to the Trustee. The Company 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 Company’s expenseHolder. Alternatively, if the Company Issuer or the Trustee so determines, the Company Issuer in exchange for the Note shall issue and the Trustee shall authenticate and make available for delivery a new Note security 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 modification, amendment, supplement or waiver.

Appears in 1 contract

Samples: Archivex LTD

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Company may require the Holder of the Note to deliver it to the Trustee. The Company shall provide the Trustee with an appropriate notation on the Note about with respect to the changed terms and cause the Trustee to return it to the Holder at the Company’s expense. 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 (Mastec Inc)

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

Appears in 1 contract

Samples: Innova S De Rl

Notation on or Exchange of Notes. If an amendment, amendment or supplement or waiver changes the terms of a Note, the Company Trustee may require the Holder of the Note to deliver it such Note to the Trustee. The Company 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 the Company’s expenseHolder. Alternatively, if the Company or the Trustee so determines, the Company in exchange for the Note Note, will execute and upon an Authentication Order shall issue and the Trustee shall authenticate and make available for delivery a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, supplement amendment or waiversupplement.

Appears in 1 contract

Samples: Cemex Sab De Cv

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

Appears in 1 contract

Samples: Indenture (Hi-Crush Inc.)

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

Appears in 1 contract

Samples: Navios Maritime Holdings Inc.

Notation on or Exchange of Notes. If an amendmenta waiver, amendment or supplement or waiver changes the terms of a NoteNote (including the Guarantee), the Company Trustee may require request the Holder of the Note to deliver it to the Trustee. The Company 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 Company’s expenseHolder. 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 amendmentwaiver, supplement amendment or waiversupplement.

Appears in 1 contract

Samples: Healthcor Holdings Inc

Notation on or Exchange of Notes. If an a modification, amendment, supplement or waiver changes the terms of a Note, the Company Trustee may require request the Holder of the Note to deliver it to the Trustee. The Company 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 Company’s expenseHolder. Alternatively, if the Company or the Trustee so determines, the Company in exchange for the Note shall issue and the Trustee shall authenticate and make available for delivery a new Note security that reflects the changed terms. Failure to make the appropriate appropri- ate notation or issue a new Note shall not affect the validity and effect of such modification, amendment, supplement or waiver.

Appears in 1 contract

Samples: Pierce Leahy Corp

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Company may require Trustee shall (in accordance with the specific direction of the Company) request the Holder of the Note to deliver it to the Trustee. The Company Trustee shall provide (in accordance with the Trustee with specific direction of the Company) place an appropriate appro- priate notation on the Note about the changed terms and cause the Trustee to return it to the Holder at the Company’s expenseHolder. 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 (Mettler Toledo Holding Inc)

Notation on or Exchange of Notes. If an amendment, supplement supplement, or waiver changes the terms of a Note, the Company Trustee may require request the Holder of the Note 81 -74- to deliver it to the Trustee. The Company 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 Company’s expenseHolder. 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 security 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 (Outdoor Systems Inc)

Notation on or Exchange of Notes. If an amendment, supplement supplement, or waiver changes the terms of a Note, the Company Trustee may require request the Holder of the Note to deliver it to the Trustee. The Company 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 Company’s expenseHolder. Alternatively, if the 84 -77- Company or the Trustee so determines, the Company in exchange for the Note shall issue and the Trustee shall authenticate a new Note security 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: Outdoor Systems Inc

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

Appears in 1 contract

Samples: Poindexter J B & Co Inc

Notation on or Exchange of Notes. If an amendment, supplement or waiver amendment changes the terms of a Note, the Company Company, or the Trustee, at the direction of the Company, may require the Holder of the Note to deliver it to the Trustee. The Company shall provide At the direction of the Company, 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 Company’s expenseHolder. Alternatively, if the Company Trustee or the Trustee Company so determinesdetermine, the Company in exchange for the Note shall issue and the Trustee Trustee, upon a Company Order, shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 1 contract

Samples: Indenture (Glatfelter Corp)

Notation on or Exchange of Notes. If an amendment, supplement supplement, modification or waiver changes the terms of a Note, the Company may require the each Holder of the a Note to deliver it to the Trustee. The Company 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 Company’s expense. Alternatively, if the Company or the Trustee so determines, the Company in exchange for the Note shall issue and the Trustee Trustee, upon written request from the Company, 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 supplement, modification or waiver.

Appears in 1 contract

Samples: Supplemental Indenture (FS Energy & Power Fund)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Company 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 Company 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 Company’s expenseHolder. 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 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 (Southern Pacific Funding Corp)

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