Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Issuer may require the Holder to deliver it to the Trustee. The Trustee may place a notation on the Security regarding the changed terms and return it to the Holder. Alternatively, if the Issuer so determines, the Issuer in exchange for the Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Failure to make a notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 4 contracts
Samples: Pledge and Security Agreement (Party City Holdco Inc.), Indenture (Party City Holdco Inc.), Indenture (Hillman Companies Inc)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Issuer Trustee may require request the Holder of the Security to deliver it to the Trustee. The Trustee may place a an appropriate notation on the Security regarding 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 Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Failure to make a notation or to issue a new Security shall not affect , the validity cost and expense of such amendment, supplement or waiverwhich will be borne by the Company.
Appears in 4 contracts
Samples: Indenture (Interpool Inc), Indenture (Interpool Inc), Indenture (Interpool Inc)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Issuer Trustee may require the Holder of the Security to deliver it to the Trustee. The Trustee may place a an appropriate notation on the Security regarding about the changed terms and return it to the Holder. Alternatively, if the Issuer or Trustee so determines, the Issuer in exchange for the Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Failure to make a notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 4 contracts
Samples: Scott Cable Communications Inc, Scott Cable Communications Inc, Scott Cable Communications Inc
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Issuer Trustee may require the Holder to deliver it such Security to the Trustee. The At the Company's expense the Trustee may place a an appropriate notation on the Security regarding about the changed terms and return it to the HolderHolder and the Trustee may place an appropriate notation on any Security thereafter authenticated. Alternatively, if the Issuer Company or the Trustee so determines, the Issuer Company in exchange for the Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Failure to make a notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 4 contracts
Samples: Indenture (Impsat Fiber Networks Inc), Impsat Fiber Networks Inc, Impsat Corp
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Issuer Trustee may require the Holder of the Security to deliver it to the Trustee. The Trustee may place a an appropriate notation on the Security regarding 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 Security shall issue is- xxx and the Trustee shall authenticate a new Security of the same Series that reflects the changed terms. Failure to make a notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiverSection 9.06.
Appears in 4 contracts
Samples: Coastal Corp, Coastal Corp, Coastal Corp
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms term of a Security, the Issuer Trustee may require the Holder of the Security to deliver it to the Trustee. The Trustee may place a an appropriate notation on the Security regarding the changed terms about an amendment, supplement or waiver and return it to the Holder. Alternatively, if the Issuer so determines, the Issuer Company in exchange for the Security shall Securities may issue and the Trustee shall authenticate a new Security Securities that reflects the changed terms. Failure to make a notation or to issue a new Security shall not affect the validity of such reflect an amendment, supplement or waiver.
Appears in 4 contracts
Samples: Cabot Corp, Indenture (Cabot Corp), Cabot Corp
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Issuer Trustee may require the Holder of the Security to deliver it to the Trustee. The Trustee may place a an appropriate notation on the Security regarding about the changed terms and return it to the Holder. Alternatively, if the Issuer or Trustee so determines, the Issuer in exchange for the Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Failure to make a notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.INDENTURE (15% Senior Subordinated)
Appears in 4 contracts
Samples: Indenture (Scott Cable Communications Inc), Indenture (Scott Cable Communications Inc), Indenture (Scott Cable Communications Inc)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a SecuritySecurity or Guarantee, the Issuer Trustee may require the Holder of the Security to deliver it to the Trustee. The Trustee may place a an appropriate notation on the Security regarding and Guarantee 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 Security shall issue and the Trustee shall authenticate a new Security of the same Series that reflects the changed terms. Failure to make a notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 3 contracts
Samples: Vectren Utility Holdings Inc, Vectren Utility Holdings Inc, Southern Indiana Gas & Electric Co
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Issuer Trustee may require the Holder of the Security to deliver it to the Trustee. The Trustee may place a an appropriate notation on the Security regarding describing 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 Security shall issue without cost to the Holder thereof, and the Trustee shall authenticate authenticate, a new Security that reflects the changed terms. Failure to make a notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 3 contracts
Samples: Indenture (Specialty Chemical Resources Inc), Specialty Chemical Resources Inc, Specialty Chemical Resources Inc
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Issuer Trustee may require the Holder of the Security to deliver it such Security to the Trustee. The Trustee may place a an appropriate notation on the Security regarding 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 Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Failure to make a notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 3 contracts
Samples: Satisfaction and Discharge of Indenture (Actuant Corp), Indenture (Global Imaging Systems Inc), Indenture (Actuant Corp)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Issuer Trustee may require the Holder to deliver it to the Trustee. The Trustee may place a an appropriate notation on the Security regarding about the changed terms and return it to the HolderHolder and the Trustee may place an appropriate notation on any Security thereafter authenticated. Alternatively, if the Issuer Company or the Trustee so determines, the Issuer Company in exchange for the Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Failure to make a notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 3 contracts
Samples: Indenture (Pueblo Xtra International Inc), Security Pledge and Intercreditor Agreement (Nutritional Sourcing Corp), Indenture (Nutritional Sourcing Corp)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Issuer Trustee may require the Holder of the Security to deliver it to the Trustee. The Trustee may place a an appropriate notation on the Security regarding about the changed terms and return it to the Holder. Alternatively, if the Issuer Obligors or the Trustee so determines, the Issuer Obligors in exchange for the Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Failure to make a notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 3 contracts
Samples: Valeant Pharmaceuticals International, Inc., Ribapharm Inc, Valeant Pharmaceuticals International
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Issuer Trustee may require the Holder of the Security to deliver it to the Trustee. The Trustee and the Trustee may place a an appropriate notation on the Security regarding about the changed terms and return it to the Holder. Alternatively, if the Issuer Company or the Trustee so determines, the Issuer in exchange for the Security Company shall issue and the Trustee shall authenticate a upon request new Security Securities of that reflects Series that reflect the changed terms. Failure to make a notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiverSECTION 9.07.
Appears in 2 contracts
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Issuer Trustee may require the Holder to deliver it to the Trustee. The Trustee may place a an appropriate notation on the Security regarding 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 Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Failure to make a notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 2 contracts
Samples: Brand Scaffold Services Inc, Trans World Airlines Inc /New/
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Issuer Trustee may require the Holder of the Security to deliver it to the Trustee. The Trustee may place a an appropriate notation on the Security regarding about the changed terms and return it to the Holder. Alternatively, if the Issuer so determines, the Issuer in exchange for the Security shall issue and Company or the Trustee shall authenticate a new Security that reflects the changed terms. Failure to make a notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.so
Appears in 2 contracts
Samples: Indenture (Thorn Apple Valley Inc), Indenture (Thorn Apple Valley Inc)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Issuer Trustee may require the Holder of the Security to deliver deliver, and the Holder shall deliver, it to the Trustee. The Trustee may place a an appropriate notation on the Security regarding as directed and prepared by the Company about the changed terms and return it to the Holder. Alternatively, if the Issuer Company so determines, the Issuer Company in exchange for the Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Failure to make a notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 2 contracts
Samples: Indenture (Charming Shoppes Inc), Charming Shoppes Inc
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Issuer Trustee may require the Holder of the Security to deliver it to the Trustee. The Trustee may place a an appropriate notation on the Security regarding as directed and prepared by the Company about the changed terms and return it to the Holder. Alternatively, if the Issuer Company so determines, the Issuer Company in exchange for the Security shall issue and the Trustee Trustee, upon receipt of a Company Order, shall authenticate a new Security that reflects the changed terms. Failure to make a notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 2 contracts
Samples: Indenture (Terremark Worldwide Inc), Indenture (Terremark Worldwide Inc)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Issuer Trustee may require the Holder of the Security to deliver it to the Trustee. The Trustee may place a an appropriate notation on the Security regarding the changed terms and return it to the Holder. Alternatively, if the Issuer Corporation or the Trustee so determines, the Issuer Corporation in exchange for the Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Failure to make a notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 2 contracts
Samples: Collateral Security Agreement (Ampex Corp /De/), Ampex Corp /De/
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Issuer Trustee may require the Holder of the Security to deliver it to the Trustee. The Trustee may place a an appropriate notation on the Security regarding about the changed terms and return it to the Holder. Alternatively, if the Issuer Corporation or the Trustee so determinesdetermine, the Issuer Corporation in exchange for the Security shall issue and the Trustee shall authenticate authorize a new Security that reflects the changed terms. Failure to make a notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 2 contracts
Samples: Promissory Note (Genesis Financial Group Inc \Va\), Genesis Financial Group Inc \Va\
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Issuer Trustee may require the Holder of the Security to deliver it to the Trustee. The Trustee may place a an appropriate notation on the Security regarding about the changed terms and return it to the Holder. , Alternatively, if the Issuer Corporation or the Trustee so determinesdetermine, the Issuer Corporation in exchange for the Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Failure to make a notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 1 contract
Samples: Martin Marietta Materials Inc
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Issuer Company may require the Holder of the Security to deliver it to the Trustee. The Trustee may place a an appropriate notation on the Security regarding 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 Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Failure to make a notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 1 contract
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Issuer Trustee may require the Holder of the Security to deliver it to the Trustee. The Trustee may place a an appropriate notation on the Security regarding as directed and prepared by the Issuer about the changed terms and return it to the Holder. Alternatively, if the Issuer so determines, the Issuer in exchange for the Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Failure to make a notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 1 contract
Samples: Toll Brothers Inc
Notation on or Exchange of Securities. If an a modification, amendment, supplement or waiver changes the terms of a Security, the Issuer Trustee may require the Holder of the Security to deliver it to the Trustee. The Trustee may place a an appropriate notation on the Security regarding as directed and prepared by the Company about the changed terms and return it to the Holder. Alternatively, if the Issuer Company so determines, the Issuer Company, in exchange for the Security Security, shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Failure to make a notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 1 contract
Samples: Indenture (Charys Holding Co Inc)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Issuer Trustee may require the Holder of the Security to deliver it to the Trustee. The Trustee may place a an appropriate notation on the Security regarding 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 Security shall issue issue, and the Trustee shall authenticate authenticate, a new Security that reflects the changed terms. Failure to make a notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 1 contract
Samples: Rayonier Inc
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Issuer Trustee may require the Holder of the Security to deliver it to the Trustee. The Trustee may place a an appropriate notation on the Security regarding about the changed terms and return it to the Holder. Alternatively, if the Issuer Company or 77 -70- the Trustee so determines, the Issuer Company in exchange for the Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Failure to make a notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 1 contract
Samples: Capstar Broadcasting Partners Inc
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Issuer Trustee may require the Holder of the Security to deliver it to the Trustee. The Trustee may place a an appropriate notation on the Security regarding about the changed terms and return it to the Holder. Alternatively, if the Issuer so determines, the Issuer in exchange for the Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Failure to make a notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.to
Appears in 1 contract
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Issuer Trustee may in accordance with the specific direction of the Company require the Holder of the Security to deliver it to the Trustee. The Trustee may place a an appropriate notation on the Security regarding 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 Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Failure to make a notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 1 contract
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Issuer Trustee may require the Holder to deliver it such Security to the Trustee. The At the Company's expense the Trustee may place a notation on the Security regarding the changed terms and return it to the Holder. Alternatively, if the Issuer so determines, the Issuer in exchange for the Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Failure to make a notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.an
Appears in 1 contract
Samples: Indenture (Impsat Corp)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Issuer Company may require the Holder of the Security to deliver it to the Trustee. The , at which time the Trustee may shall place a an appropriate notation on the Security regarding 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 Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Failure to make a notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.terms Section 9.06
Appears in 1 contract
Samples: Indenture (Key Production Co Inc)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Issuer Company may require the Holder of the Security to deliver it to the Trustee. The Trustee may place a an appropriate notation on the Security regarding the changed terms and return it to the Holder. Alternatively, if the Issuer Company or the Trustee so determinesdetermine, the Issuer Company in exchange for the Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Failure to make a the appropriate notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 1 contract
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Issuer Trustee may require the Holder of the Security to deliver it to the Trustee. The Trustee may place a an appropriate notation on the Security regarding 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 Security security shall issue and the Trustee shall authenticate a new Security security that reflects the changed terms. Failure to make a notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 1 contract
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Issuer Trustee may require the Holder of the Security to deliver it to the Trustee. The Trustee may place a 106 -98- an appropriate notation on the Security regarding 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 Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Failure to make a notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 1 contract
Samples: Smiths Food & Drug Centers Inc
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Issuer Trustee may require the Holder to deliver it the Security to the Trustee. The Trustee may place a an appropriate notation on the Security regarding 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 Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Failure to make a notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 1 contract
Samples: Indenture (Evergreen Energy Inc)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Issuer Trustee may require the Holder of the Security to deliver it to the Trustee. The Trustee may place a an appropriate notation on the Security regarding as directed and prepared by the Company about the changed terms and return it to the Holder. Alternatively, if the Issuer Company so determines, the Issuer Company in exchange for the Security shall issue issue, and the Trustee shall authenticate authenticate, a new Security that reflects the changed terms. Failure to make a notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 1 contract
Samples: Indenture (WebMD Health Corp.)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Issuer Trustee may require the Holder to deliver it to the Trustee. The Trustee may place a an appropriate notation on the Security regarding about the changed terms and return it to the HolderHolder and the Trustee may place an appropriate notation on any Security thereafter authenticated. Alternatively, if Holdings or the Issuer Trustee so determines, the Issuer Holdings in exchange for the Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Failure to make a notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 1 contract
Samples: Indenture (Silgan Holdings Inc)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Issuer Trustee may require the Holder of the Security to deliver it to the Trustee. The Trustee may place a an appropriate notation on the Security regarding 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 Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Failure to make a notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.issue
Appears in 1 contract
Samples: Einstein Noah Bagel Corp
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Issuer Trustee may require the Holder to deliver it to the Trustee. The Trustee may place a an appropriate notation on the Security regarding about the changed terms and return it to the HolderHolder and the Trustee may place an appropriate notation on any Security thereafter authenticated. Alternatively, if the Issuer Company or the Trustee so determines, the Issuer Company in exchange for the Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Failure to make a notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiverSECTION 12.05.
Appears in 1 contract
Samples: Teekay Shipping Corp
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Issuer Trustee may require the Holder of the Security to deliver it to the Trustee. The Trustee may place a an appropriate notation on the Security regarding about the changed terms and return it to the Holder. Alternatively, if the Issuer so determines, the Issuer in exchange for the Security shall issue and Company or the Trustee shall authenticate a new Security that reflects the changed terms. Failure to make a notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.so 92
Appears in 1 contract
Samples: Newport News Shipbuilding Inc
