Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee may require the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the Security. The Trustee may place an appropriate notation on the Security 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 Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Any failure to make the appropriate notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 48 contracts
Samples: Indenture (Smartalk Teleservices Inc), Registration Rights Agreement (Apollo Investment Fund Iv Lp), Indenture (World Color Press Inc /De/)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee Issuer may require the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the SecurityTrustee. The Issuer shall provide the Trustee may place with an appropriate notation on the Security about the changed terms and cause the Trustee to return it to the HolderHolder at the Issuer’s expense. Alternatively, if the Company Issuer or the Trustee so determines, the Company Issuer in exchange for the Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Any failure Failure to make the appropriate notation or to issue a new Security shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 14 contracts
Samples: Indenture (Clean Harbors Inc), Clean Harbors Inc, Indenture (Clean Harbors Inc)
Notation on or Exchange of Securities. If an amendment, supplement supplement, or waiver changes the terms of a Security, : (a) the Trustee may require the Holder of the Security to deliver it to the Trustee, the Trustee or require may, at the Holder to put an appropriate notation on written direction of the Security. The Trustee may Company and at the Company’s expense, place an appropriate notation on the Security about the changed terms and return it to the Holder. Alternatively, Holder and the Trustee may place an appropriate notation on any Security thereafter authenticated; or (b) if the Company or the Trustee so determines, the Company in exchange for the Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Any failure Failure to make the appropriate notation or to issue a new Security shall not affect the validity and effect of such amendment, supplement supplement, or waiver.
Appears in 12 contracts
Samples: Indenture (Marinemax Inc), Indenture (Opko Health, Inc.), Indenture (Opko Health, Inc.)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee Issuers may require the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the SecurityTrustee. The Trustee may place an appropriate notation on the Security about regarding the changed terms and return it to the Holder. Alternatively, if the Company Issuers or the Trustee so determines, the Company Issuers in exchange for the Security shall issue and and, upon a written order of each Issuer signed by an Officer, the Trustee shall authenticate a new Security that reflects the changed terms. Any failure Failure to make the appropriate notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 12 contracts
Samples: Agreement and Plan of Merger, Collateral Agreement (Verso Paper Holdings LLC), Indenture (Verso Paper Corp.)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee Company may require the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the SecurityTrustee. The Company shall provide the Trustee may place with an appropriate notation on the Security about the changed terms and cause the Trustee to return it to the HolderHolder at the Company's expense. Alternatively, if the Company or the Trustee so determines, the Company in exchange for the Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Any failure Failure to make the appropriate notation or to issue a new Security shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 10 contracts
Samples: Indenture (Avado Brands Inc), Covenants (Encompass Services Corp), MTL Inc
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee Issuer may require the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the SecurityTrustee. The Issuer shall provide the Trustee may place with an appropriate notation on the Security about the changed terms and cause the Trustee to return it to the HolderHolder at the Issuer’s expense. Alternatively, if the Company Issuer or the Trustee so determines, the Company Issuer in exchange for the Security shall issue issue, and the Trustee shall authenticate authenticate, a new Security that reflects the changed terms. Any failure Failure to make the appropriate notation or to issue a new Security shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 9 contracts
Samples: Indenture (Transwitch Corp /De), Indenture (Transwitch Corp /De), Indenture (Vantage Drilling (Malaysia) I Sdn. Bhd.)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee may require shall (in accordance with the specific direction of the Company) request the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the SecurityTrustee. The Trustee may shall (in accordance with the specific direction of the Company) place an appropriate notation on the Security 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 Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Any failure Failure to make the appropriate notation or to issue a new Security shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 9 contracts
Samples: Indenture (Cai Wireless Systems Inc), Indenture (Lamar Advertising Co), Indenture (Cai Wireless Systems Inc)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee may require the Holder of the Security to deliver it to the Trustee Registrar or require the Holder to put an appropriate notation on the Security. The Trustee may place an appropriate notation on the Security 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 Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Any failure to make the appropriate notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 9 contracts
Samples: Indenture (Efm Programming Inc), Indenture (Multiverse Acquisition Corp), Indenture (Talk Radio Network Inc)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee may require the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the Security. The Trustee may place an appropriate notation on the Security 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 Security shall issue issue, the Guarantors shall endorse and the Trustee shall authenticate a new Security that reflects the changed terms. Any failure to make the appropriate notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 8 contracts
Samples: Rights Agreement (Jazz Casino Co LLC), Tia Indenture (Jazz Casino Co LLC), Indenture (Jazz Casino Co LLC)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee Company may require the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the SecurityTrustee. The Company shall provide the Trustee may place with an appropriate notation on the Security about the changed terms and cause the Trustee to return it to the HolderHolder at the Company’s expense. Alternatively, if the Company or the Trustee so determines, the Company in exchange for the Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Any failure Failure to make the appropriate notation or to issue a new Security shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 8 contracts
Samples: Indenture (Asap Software Express Inc), Indenture (Asap Software Express Inc), Indenture (Bway Corp)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee Issuers may require the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the SecurityTrustee. The Issuers shall provide the Trustee may place with an appropriate notation on the Security about the changed terms and cause the Trustee to return it to the HolderHolder at the Issuer’s expense. Alternatively, if the Company Issuers or the Trustee so determinesdetermine, the Company Issuers in exchange for the Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Any failure Failure to make the appropriate notation or to issue a new Security shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 5 contracts
Samples: Quality Distribution Inc, Quality Distribution Inc, Quality Distribution Inc
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee may require the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the Security. The Trustee may place an appropriate notation on the Security 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 Security shall issue issue, the Guarantors shall endorse and the Trustee shall authenticate a new Security that reflects the changed terms. Any failure to make the appropriate notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 4 contracts
Samples: Indenture (Urohealth Systems Inc), Indenture (Elsinore Corp), Indenture (Hammond Residential LLC)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee Issuer may require the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the SecurityTrustee. The Trustee may place an appropriate notation on the Security about regarding the changed terms and return it to the Holder. Alternatively, if the Company or the Trustee Issuer so determines, the Company Issuer in exchange for the Security shall issue and the Trustee shall shall, upon receipt of a Written Order, authenticate a new Security that reflects the changed terms. Any failure Failure to make the appropriate notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 4 contracts
Samples: Supplemental Indenture (Constellium Se), Supplemental Indenture (Constellium Se), Indenture (Constellium N.V.)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee may require the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the SecurityTrustee. The Trustee may place an appropriate notation on the Security 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 Security shall issue and the Trustee shall authenticate a new Security (and the Guarantors shall execute the Guarantees thereon) that reflects the changed terms. Any failure Failure to make the appropriate notation or to issue a new Security shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 4 contracts
Samples: Doe Run Resources Corp, Indenture (Doe Run Resources Corp), Industrial Fuels Minerals Co
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee may require the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the Security. The Trustee may place an appropriate notation on the Security 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 Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Any failure to make the appropriate notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 4 contracts
Samples: Financing Agreement (Waterford Gaming LLC), Indenture (Waterford Gaming LLC), Financing Agreement (Waterford Gaming Finance Corp)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee may require the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the Security. The Trustee may place an appropriate notation on the Security about the changed terms and return it to the Holder. Alternatively, if the Company Issuers or the Trustee so determines, the Company Issuers in exchange for the Security shall issue issue, the Guarantors shall endorse and the Trustee shall authenticate a new Security that reflects the changed terms. Any failure to make the appropriate notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 4 contracts
Samples: Indenture (Sun International North America Inc), Indenture (Sun International Hotels LTD), Indenture (Venture Service Co)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee may require shall (in accordance with the specific written direction of the Company) request the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the SecurityTrustee. The Trustee may shall (in accordance with the specific direction of the Company) place an appropriate notation on the Security 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 Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Any failure Failure to make the appropriate notation or to issue a new Security shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 4 contracts
Samples: Aes Corporation, Navistar International Corp /De/New, Navistar Financial Corp
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee may require the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the Security. The Trustee may place an appropriate notation on the Security about the changed terms and return it to the Holder. Alternatively, if the Company Issuers or the Trustee so determines, the Company Issuers in exchange for the Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Any failure to make the appropriate notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 3 contracts
Samples: Indenture and Assumption Agreement (Centennial Cellular Corp), Centennial Communications Corp /De, Centennial Communications Corp /De
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee may require the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the Security. The Trustee may place an appropriate notation on the Security about briefly describing 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 Security Security, shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Any failure to make the appropriate notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 3 contracts
Samples: Indenture (HPSC Inc), Ekco Group Inc /De/, HPSC Inc
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee Issuer may require the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the SecurityTrustee. The Trustee may place an appropriate notation on the Security about regarding the changed terms and return it to the Holder. Alternatively, if the Company or the Trustee Issuer so determines, the Company Issuer in exchange for the Security shall issue and upon receipt of an Authentication Order the Trustee (or its Authenticating Agent) shall authenticate a new Security that reflects the changed terms. Any failure Failure to make the appropriate notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 3 contracts
Samples: Indenture (CLARIVATE PLC), Indenture (Clarivate Analytics PLC), Supplemental Indenture (CLARIVATE PLC)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee may require the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the Security. The Trustee may place an appropriate notation on the Security 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 Security shall issue issue, the Guarantors shall endorse and the Trustee shall authenticate a new Security that reflects the changed terms. Any failure to make the appropriate notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 2 contracts
Samples: Indenture (Trump Atlantic City Funding Iii Inc), Indenture (Trump Communications LLC)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee Issuer may require the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the SecurityTrustee. The Issuer shall provide the Trustee may place with an appropriate notation on the Security about the changed terms and cause the Trustee to return it to the HolderHolder at the Issuer’s expense. Alternatively, if the Company Issuer or the Trustee so determines, the Company Issuer in exchange for the Security shall issue issue, and the Trustee shall authenticate authenticate, a new Security that reflects the changed terms. Any failure Failure to make the appropriate notation or to issue a new Security shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 2 contracts
Samples: Sabra Health (Sabra Health Care REIT, Inc.), Sabra Health Care (Sabra Health Care Limited Partnership)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee Issuer may require the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the SecurityTrustee. The Trustee may place an appropriate notation on the Security about regarding 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 Security shall issue and and, upon a written order of the Issuer signed by an Officer, the Trustee shall authenticate a new Security that reflects the changed terms. Any failure Failure to make the appropriate notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 2 contracts
Samples: Indenture (New Holding, Inc.), Indenture (New Holding, Inc.)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee Company may require the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the SecurityTrustee. The Company shall provide the Trustee may place with an appropriate notation on the Security about the changed terms and cause the Trustee to return it to the HolderHolder at the Company’s expense. Alternatively, if the Company or the Trustee so determines, the Company in exchange for the Security shall issue issue, and the Trustee shall authenticate authenticate, a new Security that reflects the changed terms. Any failure Failure to make the appropriate notation or to issue a new Security shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 2 contracts
Samples: Vantage Drilling CO, Vantage Drilling CO
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee may require the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the SecurityTrustee. The Trustee may place an appropriate notation on the Security about regarding 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 Security shall issue and the Trustee shall shall, upon receipt of an Issuer Order, authenticate a new Security that reflects the changed terms. Any failure Failure to make the appropriate notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 2 contracts
Samples: Indenture (Alta Mesa Holdings, LP), Indenture (Alta Mesa Energy LLC)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee may require the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the Security. The Trustee may place an appropriate notation on the Security 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 Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Any failure to make the appropriate notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 2 contracts
Samples: Centennial Communications Corp /De, Centennial Communications Corp /De
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee Issuers may require the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the SecurityTrustee. The Trustee may place an appropriate notation on the Security about regarding 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 Security shall issue and upon receipt of an Authentication Order the Trustee shall authenticate a new Security that reflects the changed terms. Any failure Failure to make the appropriate notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 2 contracts
Samples: Indenture (Gates Global Inc.), Indenture (Gates Engineering & Services FZCO)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee may require shall (in accordance with the specific written direction of the Company) request the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the SecurityTrustee. The Trustee may shall (in accordance with the specific written direction of the Company) place an appropriate notation on the Security 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 Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Any failure Failure to make the appropriate notation or to issue a new Security shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 2 contracts
Samples: Credit Agreement (Republic Engineered Steels Inc), Indenture (Hvide Marine Inc)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee may require the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the SecurityTrustee. The Trustee may place an appropriate notation on the Security 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 Company or the Trustee so determines, the Company in exchange for the Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Any failure Failure to make the appropriate notation or to issue a new Security shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 2 contracts
Samples: Indenture (KCS Holdings I, Inc.), Indenture (Kansas City Southern)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee may require the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the Security. The Trustee may place an appropriate notation on the Security 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 Security shall issue issue, the Guarantors shall endorse and the Trustee shall authenticate a new Security that reflects the changed terms. Any failure to make the appropriate notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 2 contracts
Samples: Indenture (Kerzner International Employment Services LTD), LSB Industries Inc
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee may require the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the SecurityTrustee. The Trustee may place an appropriate notation on the Security about the changed terms and return it to the HolderHolder and the Trustee may place an appropriate notation on any Security of the same series thereafter authenticated. Alternatively, if the Company Issuer or the Trustee so determines, the Company Issuer in exchange for the Security shall issue and the Trustee shall authenticate a new Security of the same series that reflects the changed terms. Any failure Failure to make the appropriate notation or to issue a new Security shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 2 contracts
Samples: Indenture (Kansas City Southern), Indenture (Kansas City Southern)
Notation on or Exchange of Securities. If an amendment, supplement or waiver amendment changes the terms of a Security, the Trustee may require the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the SecurityTrustee. The Trustee may place an appropriate notation on the Security 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 Security shall issue and the Trustee Trustee, upon receipt of a written order of the Company in the form of an Officers’ Certificate, shall authenticate a new Security that reflects the changed terms. Any failure Failure to make the appropriate notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 1 contract
Samples: Indenture (Tyson Foods Inc)
Notation on or Exchange of Securities. If an amendment, ------------------------------------- supplement or waiver changes the terms of a Security, the Trustee may require the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the Security. The Trustee may place an appropriate notation on the Security 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 Security shall issue issue, the Guarantors shall endorse and the Trustee shall authenticate a new Security that reflects the changed terms. Any failure to make the appropriate notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 1 contract
Samples: Tia Indenture (Jazz Casino Co LLC)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee may require the Holder of the Security to deliver it such Security to the Trustee or require the Holder to put an appropriate notation on the Security. The Trustee may place an appropriate notation on the Security 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 Security shall issue and the Trustee Registrar shall authenticate a new Security that reflects the changed terms. Any failure to make the appropriate notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 1 contract
Samples: Indenture (Mueller Industries Inc)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee may require the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the SecurityTrustee. The Trustee may place an appropriate notation on the Security 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 Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Any failure 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 Security shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 1 contract
Samples: Cadmus Communications Corp/New
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee may require the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the Security. The Trustee may place an appropriate notation on the Security 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 Security shall issue issue, the Guarantor shall endorse and the Trustee shall authenticate a new Security that reflects the changed terms. Any failure to make the appropriate notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 1 contract
Samples: Pledge Agreement (Capital Gaming International Inc /Nj/)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee Issuers may require the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the SecurityTrustee. The Issuers shall provide the Trustee may place with an appropriate notation on the Security about the changed terms and cause the Trustee to return it to the HolderHolder at the Issuers' expense. Alternatively, if the Company Issuers or the Trustee so determinesdetermine, the Company in exchange for the Security the Issuers shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Any failure Failure to make the appropriate notation or to issue a new Security shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 1 contract
Samples: Natg Holdings LLC
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee may require request the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the SecurityTrustee. The Trustee may place an appropriate notation on the Security 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 Security shall issue and upon Company Order the Trustee shall authenticate a new Security that reflects the changed terms, the cost and expense of which will be borne by the Company. Any failure to make the appropriate notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 1 contract
Samples: American Retirement Corp
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee Company may require the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the SecurityTrustee. The Company shall provide the Trustee may place with an appropriate notation on the Security about the changed terms and cause the Trustee to return it to the HolderHolder at the Company's expense. Alternatively, if the Company or the Trustee so determines, the Company in exchange for the Security shall issue and the Trustee shall authenticate authenti cate a new Security that reflects the changed terms. Any failure Failure to make the appropriate notation or to issue a new Security shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 1 contract
Samples: Unilab Corp /De/
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Issuer or the Trustee may require the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the SecurityTrustee. The Issuer may instruct the Trustee may to place an appropriate notation designated by the Issuer on the Security about regarding the changed terms and return it to the Holder. Alternatively, if the Company Issuer or the Trustee so determinesdetermine, the Company Issuer in exchange for the Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Any failure Failure to make the appropriate notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 1 contract
Samples: Indenture (Ultra Petroleum Corp)
Notation on or Exchange of Securities. If an amendment, supplement or waiver amendment changes the terms of a Security, the Trustee may require the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the SecurityTrustee. The Trustee may place an appropriate notation on the Security 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 Security shall issue and the Trustee Trustee, upon receipt of a written order of the Company signed by two Officers, shall authenticate a new Security that reflects the changed terms. Any failure Failure to make the appropriate notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 1 contract
Samples: Concorde Gas Marketing Inc
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee may require the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the Security. The Trustee may place an appropriate notation on the Security thereafter authenticated 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 Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Any failure to make the appropriate notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 1 contract
Samples: Tia Indenture (Hallmark America Inc)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee Issuer may require the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the SecurityTrustee. The Trustee may place an appropriate notation on the Security about regarding 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 Security shall issue and upon receipt of an Authentication Order the Trustee shall authenticate a new Security that reflects the changed terms. Any failure Failure to make 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 Trustee may require the Holder of the Security to deliver it to the Trustee Registrar or require the Holder to put an appropriate notation on the Security. The Trustee may place an appropriate notation on the Security 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 Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Any failure to make the appropriate notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.. SECTION 10.6
Appears in 1 contract
Samples: Laboratory Corp of America Holdings
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee may require the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the Security. The Trustee may place an appropriate notation on the Security 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 Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Any failure to make the appropriate notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver. SECTION 9.6.
Appears in 1 contract
Samples: United States Filter Corp
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee may require the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the SecurityTrustee. The Trustee may place an appropriate notation on the Security about regarding the changed terms and return it to the HolderHolder and may place such notation on any Security thereafter authenticated. Alternatively, if the Company or the Trustee so determines, the Company in exchange for the Security shall issue issue, and the Trustee shall authenticate a new Security that reflects the changed terms. Any failure Failure to make the appropriate notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 1 contract
Samples: Indenture (Town & Country Corp)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee Issuer may require the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the SecurityTrustee. The Issuer may provide the Trustee may place with an appropriate notation on the Security about the changed terms and cause the Trustee to return it to the HolderHolder at the Issuer’s expense. Alternatively, if the Company Issuer or the Trustee so determines, the Company Issuer in exchange for the Security shall may issue and the Trustee shall authenticate a new Security that reflects the changed terms. Any failure Failure to make the appropriate notation or to issue a new Security shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 1 contract
Samples: Verasun Energy Corp
Notation on or Exchange of Securities. If an a modification, amendment, supplement or waiver changes the terms of a Security, the Trustee may require shall (in accordance with the specific written direction of the Company) request the Holder of the Security to deliver it to the Trustee. In such case, the Trustee or require the Holder to put an appropriate notation on the Security. The Trustee may shall place an appropriate notation on the Security 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 Security shall issue and the Trustee shall authenticate a new Security security that reflects the changed terms. Any failure Failure to make the appropriate notation or to issue a new Security shall not affect the validity and effect of such modification, amendment, supplement or waiver.
Appears in 1 contract
Notation on or Exchange of Securities. If an amendment, supplement or waiver ------------------------------------- amendment changes the terms of a Security, the Trustee or the Company may require the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the SecurityTrustee. The Trustee may place an appropriate notation on the Security about regarding the changed terms and return it to the Holder. Alternatively, if the Company Company, Sub Co-Issuer or the Trustee so determines, the Company and Sub Co-Issuer in exchange for the Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Any failure Failure to make the appropriate notation or to issue a new Security shall not affect the validity of such amendment, supplement or waiver.
Appears in 1 contract
Samples: Armkel LLC
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security, the Trustee Issuers may require the Holder of the Security to deliver it to the Trustee or require the Holder to put an appropriate notation on the SecurityTrustee. The Issuers shall provide the Trustee may place with an appropriate notation on the Security about the changed terms and cause the Trustee to return it to the HolderHolder at the Issuers’ expense. Alternatively, if the Company Issuers or the Trustee so determines, the Company Issuers in exchange for the Security shall issue and the Trustee shall authenticate a new Security that reflects the changed terms. Any failure Failure to make the appropriate notation or to issue a new Security shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 1 contract
Samples: Progress Rail Services (Progress Rail Services, Inc.)