Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security of any Series, the Trustee may request the Holder of such Security to deliver it to the Trustee. In such case, the Trustee shall place an appropriate notation on such Security about the changed terms and return it to the Holder. Alternatively, the Company, in exchange for such Security, may 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 40 contracts
Samples: Indenture (Nephros Inc), Indenture (Ocugen, Inc.), Indenture (Verastem, Inc.)
Notation on or Exchange of Securities. If an amendment, supplement supplement, or waiver changes the terms of a Security of any Series, the Trustee may request the Holder of such Security to deliver it to the Trustee. In such case, the Trustee shall place an appropriate notation on such Security about the changed terms and return it to the Holder. Alternatively, if the CompanyCompany or the Trustee so determines, the Company in exchange for such Security, may issue, Security shall issue and the Trustee shall authenticate, 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 23 contracts
Samples: Axcelis Technologies Inc, Axcelis Technologies Inc, Axcelis Technologies Inc
Notation on or Exchange of Securities. If an amendment, supplement supplement, or waiver changes the terms of a Security of any Series, the Trustee may request the Holder of such Security to deliver it to the Trustee. In such case, the Trustee shall place an appropriate notation on such Security about the changed terms and return it to the Holder. Alternatively, the Company, Company in exchange for such Security, Security may issue, issue and the Trustee shall authenticate, 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 8 contracts
Samples: Indenture (Cytomedix Inc), Indenture (Cytomedix Inc), Indenture (Us Dataworks Inc)
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security of any Seriesseries, the Trustee may request require the Holder of such the Security to deliver it to the Trustee. In such case, the The Trustee shall may place an appropriate notation on such the Security about the changed terms and return it to the Holder. Alternatively, if the CompanyCompany or the Trustee so determines, the Company in exchange for such Security, may issue, the Security shall issue and the Trustee shall authenticate, 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 any such amendment, supplement or waiver.
Appears in 7 contracts
Samples: Zion Oil & Gas Inc, Zion Oil & Gas Inc, Orgenesis Inc.
Notation on or Exchange of Securities. If an amendment, restatement, supplement or waiver changes the terms of a Security of any Series, the Trustee may request the Holder of such Security to deliver it to the Trustee. In such case, the Trustee shall place an appropriate notation on such Security about the changed terms and return it to the Holder. Alternatively, the Company, in exchange for such Security, may 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, restatement, supplement or waiver.
Appears in 3 contracts
Samples: Indenture (Arena Group Holdings, Inc.), Velo3D, Inc., Velo3D, Inc.
Notation on or Exchange of Securities. If an amendment, supplement supplement, waiver or waiver other modification changes the terms of a Security of any SeriesSecurity, the Trustee may request require the Holder of such the Security to deliver it to the Trustee. In such case, the The Trustee shall may place an appropriate notation on such the Security about regarding the changed terms and return it to the Holder. Alternatively, if the CompanyCompany or the Trustee so determines, the Company in exchange for such Security, may issue, the Security shall issue and the Trustee shall authenticate, authenticate a new security Security that reflects the changed terms. Failure to make the appropriate notation or to issue a new Security shall not affect the validity and effect of such amendment, supplement supplement, waiver or waiverother modification.
Appears in 1 contract
Samples: Maxxam Inc
Notation on or Exchange of Securities. If an amendment, supplement or waiver changes the terms of a Security of any SeriesSecurity, the Trustee may request require the Holder of such the Security to deliver it to the Trustee. In such case, the The Trustee shall may place an appropriate notation on such the Security about the changed terms and return it to the Holder. Alternatively, if the CompanyCompany or the Trustee so determines, the Company in exchange for such Security, may issue, the Security shall issue and the Trustee shall authenticate, authenticate a new security Security 85 -77- 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: Registration Rights Agreement (West Texas & Lubbock Railroad Co Inc)