Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Company or the Trustee so determines, the Company in exchange for the Note shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 10 contracts
Samples: Indenture (Nbty Inc), Indenture (Helicopter Management LLC), Indenture (Tanner Chemicals Inc)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee Company may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note about regarding the changed terms and return it to the Holder. Alternatively, if the Company or the Trustee so determines, the Company in exchange for the Note shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 9 contracts
Samples: Indenture (Bread Financial Holdings, Inc.), Indenture (Alliance Data Systems Corp), Indenture (Alliance Data Systems Corp)
Notation on or Exchange of Notes. If an amendment, supplement supplement, or waiver changes the terms of a Note, the Trustee may require request the Holder holder of the Note to deliver it to the Trustee. The In such case, the Trustee may shall place an appropriate notation on the Note about the changed terms and return it to the Holderholder. Alternatively, if the Company or the Trustee so determines, the Company Issuers in exchange for the Note shall issue and the Trustee shall authenticate a new Note 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 7 contracts
Samples: Indenture (Skyterra Communications Inc), Indenture (Skyterra Communications Inc), Indenture (Skyterra Communications Inc)
Notation on or Exchange of Notes. If an amendment, supplement supplement, or waiver changes the terms of a Note, the Trustee may require request the Holder of the Note to deliver it to the Trustee. The In such case, the Trustee may shall place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Company Issuer or the Trustee so determinesdetermine, the Company in exchange for the Note the Issuer shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, amendment supplement or waiver.
Appears in 7 contracts
Samples: First Supplemental Indenture (American Greetings Corp), First Supplemental Indenture (American Greetings Corp), Indenture (American Greetings Corp)
Notation on or Exchange of Notes. If an a modification, amendment, supplement or waiver changes the terms of a Note, the Trustee may require request the Holder of the Note to deliver it to the Trustee. The In such case, the Trustee may shall place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Company Issuers or the Trustee so determinesdetermine, the Company Issuers in exchange for the Note shall issue and the Trustee shall authenticate a new Note 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 6 contracts
Samples: Indenture (Petro Stopping Centers L P), Indenture (Petro Stopping Centers L P), Indenture (Petro Financial Corp)
Notation on or Exchange of Notes. If an amendment, supplement supplement, or waiver changes the terms of a Note, the Trustee may require request the Holder of the Note to deliver it to the Trustee. The In such case, the Trustee may shall place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Company or the Trustee so determines, the Company in exchange for the Note shall issue and the Trustee shall authenticate a new Note 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), Indenture (Paxson Communications Corp)
Notation on or Exchange of Notes. If an a modification, amendment, supplement or waiver changes the terms of a Note, the Trustee may require request the Holder of the Note to deliver it to the Trustee. The In such case, the Trustee may shall place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Company or the Trustee so determines, the Company in exchange for the Note shall issue and the Trustee shall authenticate a new Note 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 5 contracts
Samples: Indenture (Federal Mogul Corp), Indenture (Submicron Systems Corp), Indenture (Rural Metro of Ohio Inc)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation about an amendment, supplement or waiver on the any Note about the changed terms and return it to the Holderthereafter authenticated. Alternatively, if the Company or the Trustee so determines, the Company The Issuers in exchange for the Note shall all Notes may issue and the Trustee shall authenticate new Notes (accompanied by a new Note notation of the Guarantees duly endorsed by the Subsidiary Guarantors) 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 5 contracts
Samples: Indenture (Gulfterra Energy Partners L P), Indenture (El Paso Energy Partners Lp), Indenture (Leviathan Finance Corp)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it the Note to the Trustee. The Trustee may place an appropriate notation on the Note about the changed terms and return it the Note to the Holder. Alternatively, if the Company or the Trustee so determines, the Company in exchange for the Note shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 5 contracts
Samples: Indenture (Cellstar Corp), Indenture (Cellstar Corp), Indenture (Cellstar Corp)
Notation on or Exchange of Notes. If an amendment, supplement supplement, or waiver changes the terms of a Note, the Trustee may require request the Holder of the Note to deliver it to the Trustee. The In such case, the Trustee may shall place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Company Issuer or the Trustee so determines, the Company in exchange for the Note the Issuer 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, or waiver.
Appears in 5 contracts
Samples: Indenture (Hercules Offshore, Inc.), Indenture (Hercules Offshore, Inc.), Indenture (Hercules Offshore, Inc.)
Notation on or Exchange of Notes. If an amendment, amendment or supplement or waiver changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note about regarding the changed terms and return it to the Holder. Alternatively, if the Company or the Trustee so determines, the Company in exchange for the Note shall issue will execute and upon Company Order the Trustee shall will authenticate and make available for delivery a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, supplement amendment or waiversupplement.
Appears in 5 contracts
Samples: Indenture (Stagwell Inc), Indenture (MDC Partners Inc), Indenture (MDC Partners Inc)
Notation on or Exchange of Notes. If an amendment, supplement supplement, or waiver changes the terms of a Note, the Trustee may require request the Holder of the Note to deliver it to the Trustee. The In such case, the Trustee may shall place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Company Issuers or the Trustee so determinesdetermine, the Company in exchange for the Note the Issuers shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, amendment supplement or waiver.
Appears in 4 contracts
Samples: Indenture (3055854 Nova Scotia Co), Indenture (Stonemor Partners Lp), Indenture (NSP Holdings Capital Corp.)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee may require request the Holder of the Note to deliver it to the Trustee. The In such case, the Trustee may shall place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Company or the Trustee so determinesdetermine, the Company in exchange for the Note the Company shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 4 contracts
Samples: Indenture (Healthsouth Corp), Indenture (Healthsouth Corp), Indenture (Healthsouth Corp)
Notation on or Exchange of Notes. If an amendment, supplement or waiver a supplemental indenture changes the terms of a Note, the Trustee may require the Holder of the Note thereof to deliver it such Note to the Trustee. The Trustee may place an appropriate notation on the such Note about regarding the changed terms and return it to the Holder. Alternatively, if the Company or the Trustee so determines, the Company in exchange for the such Note shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, supplement amendment or waiversupplement.
Appears in 4 contracts
Samples: Indenture (McLeodusa Inc), Indenture (American Communications Services Inc), Indenture (McLeodusa Inc)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation about an amendment, supplement or waiver on the any Note about the changed terms and return it to the Holderthereafter 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 new Notes (accompanied by a new Note notation of the Subsidiary Guarantees duly endorsed by the Restricted Subsidiaries) 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 3 contracts
Samples: Indenture (Iron Mountain Inc /De), Indenture (Iron Mountain Inc /De), Indenture (Iron Mountain Inc /De)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Company or the Trustee so determinesdetermine, the Company in exchange for the Note shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 3 contracts
Samples: Senior Subordinated Indenture (Pasta Group L L C), Indenture (Activant Solutions Inc /De/), Indenture (Cooperative Computing Inc /De/)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Company or the Trustee so determines, the Company in exchange for the Note shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure 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), Indenture (Medianews Group Inc)
Notation on or Exchange of Notes. If an amendment, amendment or supplement or waiver changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note about regarding the changed terms and return it to the Holder. Alternatively, if the Company or the Trustee so determines, the Company in exchange for the Note shall issue execute and upon Company Order the Trustee shall will authenticate and make available for delivery a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, supplement amendment or waiversupplement.
Appears in 2 contracts
Samples: Indenture (Southwestern Energy Co), Indenture (Southwestern Energy Co)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Company or the Trustee so determines, the Company in exchange for the Note shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or issue a new Note shall will not affect the validity and effect of such amendment, supplement or waiver.
Appears in 2 contracts
Samples: Indenture (Salant Corp), Indenture (Armor Holdings Inc)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation about an amendment, supplement or waiver on the any Note about the changed terms and return it to the Holderthereafter authenticated. Alternatively, if the Company or the Trustee so determines, the Company The Issuer in exchange for the Note shall all Notes may issue and the Trustee shall shall, upon receipt of written instructions signed by an Officer of the Issuer, 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: Indenture (Amf Bowling Worldwide Inc), Indenture (Amf Bowling Worldwide Inc)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note about regarding the changed terms and return it to the Holder. Alternatively, if the Company or the Trustee so determinesdetermine, the Company in exchange for the Note shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 2 contracts
Samples: Indenture (Columbus Energy Corp), Indenture (Cimarex Energy Co)
Notation on or Exchange of Notes. If an amendment, amendment or supplement or waiver changes the terms of a Note, the Trustee may require the Holder of the such Note to deliver it such Note to the Trustee. The Trustee may place an appropriate notation on the Note about regarding the changed terms and return it to the HolderHolder of such Note. Alternatively, if the Company SRI or the Trustee so determines, the Company SRI in exchange for the such Note shall issue and the Trustee shall authenticate a new Note that reflects the such changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, supplement amendment or waiversupplement.
Appears in 2 contracts
Samples: Indenture (Stage Stores Inc), Indenture (Stage Stores Inc)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation about an amendment, supplement or waiver on the any Note about the changed terms and return it to the HolderHolder as an alternative. 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, 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 (Carters Imagination Inc)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note about regarding the changed terms and return it to the Holder. Alternatively, if the Company or the Trustee so determines, the Company in exchange for the Note shall issue and the Trustee shall authenticate a new Note that reflects reflecting 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: Trust Indenture (Kinney Drugs Inc)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee may require the Holder of the such Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Company Issuer or the Trustee so determines, the Company Issuer in exchange for the Note shall issue and the Trustee upon receipt of a written order in the form of an Officers' Certificate shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 1 contract
Samples: Indenture (Abraxas Petroleum Corp)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation about an amendment, supplement or waiver on the any Note about the changed terms and return it to the Holderthereafter authenticated. Alternatively, if the Company or the Trustee so determines, the Company The Issuers in exchange for the Note shall all Notes may issue and the Trustee shall authenticate new Notes (accompanied by a new notation of the Note Guarantees duly endorsed by the Note Guarantors) 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 (Las Vegas Sands Inc)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note about the changed terms and return it to the HolderHolder and the Trustee may place an appropriate notation on any Note thereafter authenticated. Alternatively, if the Company or the Trustee so determines, the Company in exchange for the Note shall issue and the Trustee shall authenticate a new Note 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 (Comple Tel LLC)
Notation on or Exchange of Notes. If an amendment, supplement amendment or waiver changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note about regarding the changed terms and return it to the Holder. Alternatively, if the Company or the Trustee so determines, the Company in exchange for the Note shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 1 contract
Samples: First Supplemental Indenture (Interline Brands, Inc./De)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Company or the Trustee so determines, the Company Company, in exchange for the Note 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 (Iesi Tx Corp)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Company or the Trustee so determines, the Company in exchange for the Note shall issue and the Trustee shall authenticate a new Note of the same 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 1 contract
Notation on or Exchange of Notes. If an amendment, -------------------------------- supplement or waiver changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Company or the Trustee so determines, the Company in exchange for the Note shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 1 contract
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Company or the Trustee so determinesdetermine, the Company in exchange for the Note shall issue and the Trustee shall authenticate a new Note of the same 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 1 contract
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the 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 Trustee may place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Company or the Trustee so determines, the Company in exchange for the Note shall will issue and the Trustee shall 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 supplement, or waiver changes the terms of a Note, the Trustee may require request the Holder holder of the Note to deliver it to the Trustee. The In such case, the Trustee may shall place an appropriate notation on the Note about the changed terms and return it to the Holderholder. 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 (Park Ohio Industries Inc)
Notation on or Exchange of Notes. If an a modification, amendment, supplement or waiver changes the terms of a Note, the Trustee may require request the Holder of the Note to deliver it to the Trustee. The In such case, the Trustee may shall place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Company or the Trustee so determinesdetermine, the Company in exchange for the Note shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such modification, amendment, supplement or waiver.
Appears in 1 contract
Samples: Indenture (Labranche & Co Inc)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it such Note to the Trustee. The At the Company's expense, the Trustee may place an appropriate notation on the Note about the changed terms and return it to the Holder. 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 (Ccir of California Corp)
Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note about regarding the changed terms and return it to the Holder. Alternatively, if the Company or the Trustee so determines, the Company in exchange for the Note shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. 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
