Notation on or Exchange of Securities. If an amendment, supplement, modification or waiver changes the terms of a Security: (a) the Trustee may require the Holder of a Security to deliver such Security to the Trustee, the Trustee may place an appropriate notation on the Security about the changed terms and return it to the 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. Failure to make the appropriate notation or issue a new Security shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 33 contracts
Samples: Subordinated Indenture (Precipio, Inc.), Subordinated Indenture (Fuelcell Energy Inc), Senior Indenture (Fuelcell Energy Inc)
Notation on or Exchange of Securities. If an amendment, supplement, modification supplement or waiver changes the terms of a Security:
(a) the Trustee may require the Holder of a Security to deliver such Security Securities to the Trustee, the Trustee may place an appropriate notation on the Security about the changed terms and return it to the 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. Failure to make the appropriate notation or issue a new Security shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 14 contracts
Samples: Indenture (Nektar Therapeutics), Indenture (Nektar Therapeutics), Indenture (Vertex Pharmaceuticals Inc / Ma)
Notation on or Exchange of Securities. If an amendment, supplement, modification or waiver changes the terms of a Security:
: (a) the Trustee may require the Holder of a the Security to deliver such Security it to the Trustee, the Trustee may may, at the written direction of the Company and at the Company’s expense, place an appropriate notation on the Security about the changed terms and return it to the Holder and the Trustee may place an appropriate notation on any Security thereafter authenticated; or
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. Failure to make the appropriate notation or issue a new Security shall not affect the validity and effect of such amendment, supplement supplement, or waiver.
Appears in 13 contracts
Samples: Indenture (Marinemax Inc), Indenture (Marinemax Inc), Indenture (Opko Health, Inc.)
Notation on or Exchange of Securities. If an amendment, supplement, modification supplement or waiver changes the terms of a Security:
(a) the Trustee may require the Holder of a Security to deliver such Security to the Trustee, the Trustee may place an appropriate notation on the Security about the changed terms and return it to the 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. Failure to make the appropriate notation or issue a new Security shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 10 contracts
Samples: Indenture (Lifetime Brands, Inc), Indenture (Equinix Inc), Indenture (Lear Corp Eeds & Interiors)
Notation on or Exchange of Securities. If an amendment, supplement, modification supplement or waiver changes the terms of a Security:
(a) , the Trustee may require shall (in accordance with the specific direction of the Company) request the Holder of a the Security to deliver such Security it to the Trustee, . The Trustee shall (in accordance with the Trustee may specific direction of the Company) place an appropriate notation on the Security about the changed terms and return it to the Holder and the Trustee may place an appropriate notation on any Security thereafter authenticated; or
(b) 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. Failure to make the appropriate notation or issue a new Security shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 9 contracts
Samples: Indenture (Geotek Communications Inc), Indenture (Cai Wireless Systems Inc), Indenture (Cai Wireless Systems Inc)
Notation on or Exchange of Securities. If an amendment, supplement, modification supplement or waiver changes the terms of a Security:
(a) , the Trustee may require shall (in accordance with the specific written direction of the Company) request the Holder of a the Security to deliver such Security it to the Trustee, . The Trustee shall (in accordance with the Trustee may specific direction of the Company) place an appropriate notation on the Security about the changed terms and return it to the Holder and the Trustee may place an appropriate notation on any Security thereafter authenticated; or
(b) 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. Failure to make the appropriate notation or issue a new Security shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 4 contracts
Samples: Indenture (Aes Corporation), Indenture (Navistar Financial Corp), Indenture (Navistar International Corp /De/New)
Notation on or Exchange of Securities. If an amendment, supplement, modification supplement or waiver changes the terms of a Security:
: (a) the Trustee may require the Holder of a the Security to deliver such Security it to the Trustee, the Trustee may may, at the written direction of the Company and at the Company’s expense, place an appropriate notation on the Security about the changed terms and return it to the Holder and the Trustee may place an appropriate notation on any Security thereafter authenticated; or
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. Failure to make the appropriate notation or issue a new Security shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 4 contracts
Samples: Indenture (TTM Technologies Inc), Indenture (TTM Technologies Inc), Indenture (Shared Communication Systems, Inc.)
Notation on or Exchange of Securities. If an amendment, supplement, modification supplement or waiver changes the terms of a Security:
(a) , the Trustee may require shall (in accordance with the specific direction of the Issuers) request the Holder of a the Security to deliver such Security it to the Trustee, . The Trustee shall (in accordance with the Trustee may specific direction of the Issuers) place an appropriate notation on the Security about the changed terms and return it to the Holder and the Trustee may place an appropriate notation on any Security thereafter authenticated; or
(b) 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. Failure to make the appropriate notation or issue a new Security shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 4 contracts
Samples: Indenture (Sprint Spectrum L P), Indenture (Sprint Spectrum L P), Indenture (Sprint Spectrum Finance Corp)
Notation on or Exchange of Securities. If an amendment, supplement, modification or waiver amendment changes the terms of a Security:
(a) , the Trustee may require (in accordance with the specific written direction of the Company) shall request the Holder of a the Security (in accordance with the specific written direction of the Company) to deliver such Security it to the Trustee. In such case, the Trustee may shall place an appropriate notation on the Security about the changed terms and return it to the Holder and the Trustee may place an appropriate notation on any Security thereafter authenticated; or
(b) 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. Failure to make the appropriate notation or issue a new Security shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 2 contracts
Samples: Indenture (Flir Systems Inc), Indenture (Flir Systems Inc)
Notation on or Exchange of Securities. If an amendment, supplement, modification supplement or waiver changes the terms of a Security:
(a) , the Trustee may require shall (in accordance with the specific written direction of the Company) request the Holder of a the Security to deliver such Security it to the Trustee, . The Trustee shall (in accordance with the Trustee may specific written direction of the Company) place an appropriate notation on the Security about the changed terms and return it to the Holder and the Trustee may place an appropriate notation on any Security thereafter authenticated; or
(b) 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. Failure to make the appropriate notation or issue a new Security shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 2 contracts
Samples: Indenture (Hvide Marine Inc), Indenture (Republic Engineered Steels Inc)
Notation on or Exchange of Securities. If an amendment, supplement, modification supplement or waiver changes the terms of a Security:
(a) , the Trustee may require the Holder of a Security to deliver such Security it to the Trustee, the . The Trustee may place an appropriate notation on the Security about the changed terms and return it to the Holder and the Trustee may place an appropriate notation on any Security of the same series thereafter authenticated; or
(b) . 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. Failure to make the appropriate notation or 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, modification supplement or waiver changes the terms of a Security:
(a) , the Trustee may require the Holder of a Security to deliver such Security it to the Trustee, the . The Trustee may place an appropriate notation on the Security about the changed terms and return it to the Holder and the Trustee may place an appropriate notation on any Security thereafter authenticated; or
(b) . 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. Failure to make the appropriate notation or 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.), Senior Notes Indenture (Kansas City Southern)
Notation on or Exchange of Securities. If an amendment, supplement, modification supplement or waiver changes the terms of a Security:
(a) , the Trustee may require the Holder of a the Security to deliver such Security it to the Trustee, 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 and the Trustee may place an appropriate notation on any Security thereafter authenticated; or
(b) 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. Failure Any 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 (Trump Communications LLC), Indenture (Trump Atlantic City Funding Iii Inc)
Notation on or Exchange of Securities. If an amendment, supplement, modification supplement or waiver changes the terms of a Security:
(aA) the Trustee may require the Holder of a Security to deliver such Security Securities to the Trustee, the Trustee may place an appropriate notation on the Security about the changed terms and return it to the Holder and the Trustee may place an appropriate notation on any Security thereafter authenticated; or
(bB) 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. Failure to make the appropriate notation or issue a new Security shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 2 contracts
Samples: Indenture (First American Financial Corp), Indenture (Foster Wheeler LTD)
Notation on or Exchange of Securities. If an a modification, amendment, supplement, modification supplement or waiver changes the terms of a Security:
(a) , the Trustee may require shall (in accordance with the specific written direction of the Company) request the Holder of a the Security to deliver such Security it to the Trustee. In such case, the Trustee may shall place an appropriate notation on the Security about the changed terms and return it to the Holder and the Trustee may place an appropriate notation on any Security thereafter authenticated; or
(b) 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. Failure to make the appropriate notation or 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, modification supplement or waiver changes the terms of a Security:
(a) , the Trustee may require the Holder of a the Security to deliver such Security it to the Trustee, 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 and the Trustee may place an appropriate notation on any Security thereafter authenticated; or
(b) 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. Failure Any 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
Notation on or Exchange of Securities. If an amendment, supplement, modification supplement or waiver changes the terms of a Security:
(aA) the Trustee may require the Holder of a Security to deliver such Security its Securities to the Trustee, the Trustee may place an appropriate notation on the Security about the changed terms and return it to the Holder and the Trustee may place an appropriate notation on any Security thereafter authenticated; or
(bB) 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. Failure to make the appropriate notation or issue a new Security shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 1 contract
Notation on or Exchange of Securities. If an amendment, supplement, modification supplement or waiver changes the terms of a Security:
(a) the Trustee may require the Holder of a Security to deliver such Security Securities to the Trustee, the Trustee may place an appropriate notation on the Security about the changed terms and return it to the 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. Failure to make the appropriate notation or issue a new Security shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 1 contract
Notation on or Exchange of Securities. If an amendment, supplement, modification supplement or waiver changes the terms of a Security:
(a) , the Trustee may require shall (in accordance with the specific written direction of the Company) request the Holder of a the Security to deliver such Security it to the Trustee, . The Trustee shall (in accordance with the Trustee may specific direction of the Company) place an appropriate notation on the Security about the changed terms and return it to the Holder and the Trustee may place an appropriate notation on any Security thereafter authenticated; or
(b) 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 Secu- rity that reflects the changed terms. Failure to make the appropriate notation or issue a new Security shall not affect the validity and effect of such amendment, supplement or waiver.
Appears in 1 contract
Samples: Indenture (Aes Corporation)