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 Trustee (in accordance with the specific written direction of the Issuer) shall request the Holder of the Note (in accordance with the specific written direction of the Issuer) to deliver it to the Trustee. In such case, the Trustee shall place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Issuer or the Trustee so determines, the Issuer in exchange for the Note shall 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 33 contracts

Samples: Indenture (M/I Homes, Inc.), Indenture (Meritage Homes CORP), Indenture (M/I Homes, Inc.)

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Notation on or Exchange of Notes. If an amendment, supplement, or waiver changes the terms of a Note, the Trustee (in accordance with the specific written direction of the Issuer) shall request the Holder of the Note (in accordance with the specific written direction of the Issuer) to deliver it to the Trustee. In such case, the Trustee shall place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Issuer or the Trustee so determines, the Issuer in exchange for the Note shall issue, the Guarantors shall endorse, and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 10 contracts

Samples: Indenture (QVC Inc), Indenture (Iac/Interactivecorp), Indenture (ER Marks, Inc.)

Notation on or Exchange of Notes. If an amendment, supplement, or waiver changes the terms of a Note, the Trustee (in accordance with the specific written direction of the Issuer) shall request the Holder of the Note (in accordance with the specific written direction of the Issuer) to deliver it to the Trustee. In such case, the Trustee shall place an appropriate notation on the Note about the changed terms and return it to the HolderNoteholder. Alternatively, if the Issuer or the Trustee so determines, the Issuer in exchange for the Note shall issue, the Guarantors shall endorseendorse and, and upon receipt of an Authentication Order in accordance with Section 2.01, the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 7 contracts

Samples: Indenture (Cooper-Standard Holdings Inc.), Indenture (Cooper-Standard Holdings Inc.), Indenture (Mueller Water Products, Inc.)

Notation on or Exchange of Notes. If an amendment, supplement, or waiver changes the terms of a Note, the Trustee (in accordance with the specific written direction of the IssuerCompany) shall request the Holder of the Note (in accordance with the specific written direction of the IssuerCompany) to deliver it to the Trustee. In such case, the Trustee shall at the expense of the Company place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Issuer Company or the Trustee so determines, the Issuer Company in exchange for the Note shall issue, the any Guarantors shall endorse, endorse and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 5 contracts

Samples: Indenture (Norske Skog Canada LTD), Indenture (Norske Skog Canada LTD), Indenture (Norske Skog Canada LTD)

Notation on or Exchange of Notes. If an amendment, supplement, or waiver changes the terms of a Note, the Trustee (in accordance with the specific written direction of the Issuer) shall request the Holder of the Note (in accordance with the specific written direction of the Issuer) to deliver it to the Trustee. In such case, the Trustee shall at the expense of the Issuer place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Issuer or the Trustee so determines, the Issuer in exchange for the Note shall issue, the any Guarantors shall endorse, endorse and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 5 contracts

Samples: Indenture (Massey Energy Co), Indenture (Ipsco Inc), Indenture (Ipsco Inc)

Notation on or Exchange of Notes. If an amendment, supplement, or waiver changes the terms of a Note, the Trustee (in accordance with the specific written direction of the IssuerIssuers) shall request the Holder of the Note (in accordance with the specific written direction of the IssuerIssuers) to deliver it to the Trustee. In such case, the Trustee shall place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Issuer Issuers or the Trustee so determines, the Issuer Issuers in exchange for the Note shall 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 4 contracts

Samples: Indenture (Ashton Woods USA L.L.C.), Indenture (Coaxial LLC), Indenture (Insight Communications of Central Ohio LLC)

Notation on or Exchange of Notes. If an amendment, supplement, or waiver changes the terms of a Note, the Trustee (in accordance with the specific written direction of the IssuerIssuers) shall request the Holder of the Note (in accordance with the specific written direction of the IssuerIssuers) to deliver it to the Trustee. In such case, the Trustee shall place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Issuer Issuers or the Trustee so determines, the Issuer Issuers in exchange for the Note shall issue, the Guarantors shall endorse, and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, amendment supplement or waiver.

Appears in 4 contracts

Samples: Indenture (Target Directories of Michigan Inc), Indenture (Petersen Holdings LLC), Indenture (Transwestern Holdings Lp)

Notation on or Exchange of Notes. If an amendment, supplement, or waiver changes the terms of a Note, the Trustee Paying Agent (in accordance with the specific written direction of the IssuerCompany) shall request the Holder of the Note (in accordance with the specific written direction of the IssuerCompany) to deliver it to the TrusteePaying Agent. In such case, the Trustee Paying Agent shall place an appropriate notation (in accordance with a specific written direction from the Company) on the Note about the changed terms and return it to the Holder. Alternatively, if the Issuer or the Trustee Company so determines, the Issuer Company in exchange for the Note shall issue, the Guarantors shall endorse, issue and the Trustee Authentication Agent shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 3 contracts

Samples: Indenture (British American Tobacco p.l.c.), Indenture (Reynolds American Inc), Indenture (British American Tobacco p.l.c.)

Notation on or Exchange of Notes. If an amendment, supplement, or waiver changes the terms of a Note, the Trustee (in accordance with the specific written direction of the IssuerIssuers) shall request the Holder of the Note (in accordance with the specific written direction of the IssuerIssuers) to deliver it to the Trustee. In such case, the Trustee shall place an appropriate notation on the Note about the changed terms and return it to the HolderNoteholder. Alternatively, if the Issuer Issuers or the Trustee so determines, the Issuer Issuers in exchange for the Note shall issue, the Guarantors shall endorse, and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 3 contracts

Samples: Indenture (Crown Holdings Inc), Indenture (Crown Holdings Inc), Indenture (Pca International Inc)

Notation on or Exchange of Notes. If an amendment, supplement, or waiver changes the terms of a Note, the Trustee (in accordance with the specific written direction of the IssuerCompany) shall request the Holder of the Note (in accordance with the specific written direction of the IssuerCompany) to deliver it to the Trustee. In such case, the Trustee shall place an appropriate notation on the Note about the changed terms and return it to the HolderNoteholder. Alternatively, if the Issuer Company or the Trustee so determines, the Issuer Company in exchange for the Note shall issue, the Subsidiary 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 (Solutia Inc), Indenture (FMC Corp)

Notation on or Exchange of Notes. If an amendment, supplement, supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Issuer of such Note and in accordance with the specific written direction of the such Issuer) shall request the Holder of the Note (in accordance with the specific written direction of the Issuer) to deliver it to the Trustee. In such case, the The Trustee shall (if required by the Issuer of such Note and in accordance with the specific direction of such Issuer) place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Issuer of such Note or the Trustee so determines, the such Issuer in exchange for the Note shall issue, the Guarantors shall endorse, 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 (Univar Solutions Inc.), Indenture (Univar Inc.)

Notation on or Exchange of Notes. If an amendment, supplement, or waiver changes the terms of a Note, the Trustee (in accordance with the specific written direction of the Issuer) shall request the Holder of the Note (in accordance with the specific written direction of the Issuer) to deliver it to the Trustee. In such case, the Trustee shall place an appropriate notation (as determined in writing by the Issuer) on the Note about the changed terms and return it to the Holder. Alternatively, if the Issuer or the Trustee so determines, the Issuer in exchange for the Note shall issue, the Guarantors any Guarantor 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 (Canwest Media Inc), Indenture (Canwest Media Inc)

Notation on or Exchange of Notes. If an amendment, supplement, waiver or waiver supplemental indenture changes the terms of a Note, the Trustee (in accordance with the specific written direction of the IssuerCompany) shall request the Holder of the Note (in accordance with the specific written direction of the IssuerCompany) to deliver it to the Trustee. In such case, the Trustee shall place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Issuer Company or the Trustee so determines, the Issuer Company in exchange for the Note shall 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 waiver or waiversupplemental indenture.

Appears in 2 contracts

Samples: Supplemental Indenture (M I Homes Inc), Supplemental Indenture (M I Homes Inc)

Notation on or Exchange of Notes. If an amendment, supplement, or waiver changes the terms of a Note, the Trustee (in accordance with the specific written direction of the Issuer) shall request the Holder of the Note (in accordance with the specific written direction of the Issuer) to deliver it to the Trustee. In such case, the Trustee shall place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Issuer or the Trustee so determines, the Issuer in exchange for the Note shall issue, the Subsidiary 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 (Amsurg Corp), Indenture (Amsurg Corp)

Notation on or Exchange of Notes. If an amendment, supplement, or waiver changes the terms of a Note, the Trustee (in accordance with the specific written direction of the IssuerCompany) shall request the Holder of the Note (in accordance with the specific written direction of the IssuerCompany) to deliver it to the Trustee. In such case, the Trustee shall at the expense of the Company place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Issuer or the Trustee Company so determines, the Issuer Company in exchange for the Note shall issue, the any Guarantors shall endorse, endorse and the Trustee shall authenticate authenticate, a new Note that reflects the changed terms. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 2 contracts

Samples: Indenture (Catalyst Paper Corp), Indenture (Catalyst Paper Corp)

Notation on or Exchange of Notes. If an amendment, supplement, supplement or waiver changes the terms of a Note, the Trustee (in accordance with the specific written direction of the Issuer) shall request the Holder of the Note (in accordance with the specific written direction of the Issuer) to deliver it to the Trustee. In such case, the Trustee shall place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Issuer or the Trustee so determines, the Issuer in exchange for the Note shall issue, the Guarantors shall endorse, and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 1 contract

Samples: Indenture (HomeAdvisor, Inc.)

Notation on or Exchange of Notes. If an amendment, supplement, or waiver changes the terms of a Note, the Trustee (in accordance with the specific written direction of the IssuerIssuers) shall request the Holder of the Note (in accordance with the specific written direction of the IssuerIssuers) to deliver it to the Trustee. In such case, the Trustee shall place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Issuer Issuers or the Trustee so determines, the Issuer Issuers in exchange for the Note shall issue, the Guarantors shall endorse, and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 1 contract

Samples: Indenture (Starz, LLC)

Notation on or Exchange of Notes. (a) If an amendment, supplement, supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Issuers and in accordance with the specific written direction of the IssuerIssuers) shall request the Holder of to deliver its Note to the Note Trustee. The Trustee shall (if required by the Issuers and in accordance with the specific written direction of the IssuerIssuers) to deliver it to the Trustee. In such case, the Trustee shall place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Issuer Issuers or the Trustee so determines, the Issuer Issuers in exchange for the Note shall issue, the Guarantors shall endorse, 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 (Triarc Companies Inc)

Notation on or Exchange of Notes. If an amendment, supplement, supplement or waiver changes the terms of a Note, the Trustee shall (in accordance with the specific written direction of the IssuerCompany and at the expense of the Company) shall request the Holder of the Note to deliver such Note to the Trustee. The Trustee shall (in accordance with the specific written direction of the IssuerCompany set forth in an Officers' Certificate) to deliver it to the Trustee. In such case, the Trustee shall place an appropriate notation on the Note about the changed terms and return it such Note to the Holder. Alternatively, if the Issuer Company or the Trustee so determines, the Issuer Company in exchange for the Note shall issue, the Guarantors shall endorse, issue and the Trustee shall upon receipt of a written 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 1 contract

Samples: Indenture (Affinity Group Holding Inc)

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Notation on or Exchange of Notes. If an amendment, supplement, or waiver changes the terms of a Note, the Trustee (in accordance with the specific written direction of the IssuerCompany) shall request the Holder of the Note (in accordance with the specific written direction of the IssuerIssuers) to deliver it to the Trustee. In such case, the Trustee shall place an appropriate notation on the Note about the changed terms and return it to the HolderNoteholder. Alternatively, if the Issuer Issuers or the Trustee so determines, the Issuer Issuers in exchange for the Note shall issue, the Guarantors shall endorse, and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 1 contract

Samples: Indenture (Portrait Corp of America, Inc.)

Notation on or Exchange of Notes. If an amendment, supplement, supplement or waiver changes the terms of a Note, the Trustee shall (in accordance with the specific written direction direction, if any, of the IssuerCompany) shall request the Holder of the Note (in accordance with the specific written direction of the Issuer) to deliver it to the Trustee. In such case, the The Trustee shall (in accordance with the specific direction, if any, of the Company) place an appropriate notation on the Note and on Notes issued on registration of transfer or exchange of such Note about the changed terms and return it to the Holder. Alternatively, if the Issuer Company or the Trustee so determines, the Issuer Company in exchange for the Note shall issue, the Guarantors shall endorse, 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 (New Cf&i Inc)

Notation on or Exchange of Notes. If an amendment, supplement, supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Issuers and in accordance with the specific written direction of the IssuerIssuers) shall request the Holder of the Note to deliver it to the Trustee and the Trustee shall (if required by the Issuers and in accordance with the specific written direction of the IssuerIssuers) to deliver it to the Trustee. In such case, the Trustee shall place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Issuer Issuers or the Trustee so determines, the Issuer Issuers in exchange for the Note shall issue, the Guarantors shall endorse, issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure Notwithstanding the foregoing, 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 (Consolidated Communications Texas Holdings, Inc.)

Notation on or Exchange of Notes. If an amendment, supplement, or waiver changes the terms of a Note, the Trustee (in accordance with the specific written direction of the Issuer) shall request the Holder of the Note (in accordance with the specific written direction of the Issuer) to deliver it to the Trustee. In such case, the Trustee shall place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Issuer or the Trustee so determines, the Issuer in exchange for the Note shall issue, the Guarantors shall endorse, and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, amendment supplement or waiver.

Appears in 1 contract

Samples: Indenture (United Industries Corp)

Notation on or Exchange of Notes. If an amendment, supplement, or waiver changes the terms of a Note, the Trustee (in accordance with the specific written direction of the Issuer) shall request the Holder of the Note (in accordance with the specific written direction of the Issuer) to deliver it to the Trustee. In such case, the Trustee shall place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Issuer or the Trustee so determines, the Issuer in exchange for the Note shall 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 Table of such amendment, supplement or waiver.Contents -76-

Appears in 1 contract

Samples: Indenture (Phibro Animal Health Corp)

Notation on or Exchange of Notes. If an amendment, supplement, or waiver changes the terms of a Note, the Trustee (in accordance with the specific written direction of the Issuer) shall request the Holder of the Note (in accordance with the specific written direction of the Issuer) to deliver it to the Trustee. In such case, the Trustee shall place an appropriate notation (as determined in writing by the Issuer) on the Note about the changed terms and return it to the Holder. Alternatively, if the Issuer or the Trustee so determines, the Issuer in exchange for the Note shall issue, the Guarantors any Guaran- tor shall endorse, and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 1 contract

Samples: Indenture (Canwest Media Inc)

Notation on or Exchange of Notes. If an amendment, supplement, or waiver changes the terms of a Note, the Trustee (in accordance with the specific written direction of the IssuerCompany) shall request the Holder of the Note (in accordance with the specific written direction of the IssuerCompany) to deliver it to the Trustee. In such case, the Trustee shall place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Issuer Company or the Trustee so determines, the Issuer Company in exchange for the Note shall issue, the Subsidiary Guarantors shall endorse, endorse and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 1 contract

Samples: Indenture (Visteon Corp)

Notation on or Exchange of Notes. If an amendment, supplement, supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Company and in accordance with the specific direction of the Company) request the Holder of the Note to deliver it to the Trustee. The Trustee shall (if required by the Company and in accordance with the specific written direction of the IssuerCompany) shall request the Holder of the Note (in accordance with the specific written direction of the Issuer) to deliver it to the Trustee. In such case, the Trustee shall place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Issuer Company or the Trustee so determines, the Issuer Company in exchange for the Note shall issueissue and upon receipt of an Authentication Order, the Guarantors shall endorse, and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 1 contract

Samples: Indenture (Xerox Corp)

Notation on or Exchange of Notes. If an amendment, supplement, supplement or waiver changes the terms of a Note, the Trustee (in accordance with the specific written direction of the Issuer) shall request the Holder of the Note (in accordance with the specific written direction of the Issuer) to deliver it to the Trustee. In such case, the Trustee shall place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Issuer or the Trustee so determines, the Issuer in exchange for the Note shall issue, the Guarantors Guarantors, if any, shall endorse, endorse and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 1 contract

Samples: Indenture (Pharma Services Intermediate Holding Corp)

Notation on or Exchange of Notes. If an amendment, supplement, -------------------------------- supplement or waiver changes the terms of a Note, the Trustee shall (if required by the Issuers and in accordance with the specific written direction of the IssuerIssuers) shall request the Holder of the Note (in accordance with the specific written direction of the Issuer) to deliver it to the Trustee. In such case, the The Trustee shall (if required by the Issuers and in accordance with the specific direction of the Issuers) place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Issuer Issuers or the Trustee so determines, the Issuer Issuers in exchange for the Note shall issue, the Guarantors shall endorse, 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 (Jafra Cosmetics International Sa De Cv)

Notation on or Exchange of Notes. If an amendment, supplement, or waiver changes the terms of a Note, the Note Trustee (in accordance with the specific written direction of the Issuer) shall request the Holder of the Note (in accordance with the specific written direction of the Issuer) to deliver it to the Note Trustee. In such case, the Note Trustee shall place an appropriate notation on the Note about the changed terms and return it to the Holder. Alternatively, if the Issuer or the Note Trustee so determines, the Issuer in exchange for the Note shall issue, the Guarantors shall endorse, and the Note 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 (LYON EAST GARRISON Co I, LLC)

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