Common use of Reference in Securities to Amendments Clause in Contracts

Reference in Securities to Amendments. If an amendment changes the terms of a Security, the Trustee may require the Holder of the Security to deliver it to the Trustee. Securities authenticated and delivered after the execution of any amendment pursuant to this Article may, and shall if required by the Trustee, bear a notation in form approved by the Trustee as to any matter provided for in such amendment. If the Company shall so determine, new Securities so modified as to conform, in the opinion of the Trustee and the Board of Directors, to any such amendment may be prepared and executed by the Company and authenticated and delivered by the Trustee in exchange for Outstanding Securities. Failure to make the appropriate notation or to issue a new Security shall not affect the validity of such amendment.

Appears in 13 contracts

Samples: Contingent Value Rights Agreement (Celgene Corp /De/), Contingent Value Rights Agreement (Abraxis BioScience, Inc.), Contingent Value Rights Agreement (APP Pharmaceuticals, Inc.)

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Reference in Securities to Amendments. If an amendment changes the terms of a Security, the Trustee may require the Holder of the Security to deliver it to the Trustee. Securities authenticated and delivered after the execution of any amendment pursuant to this Article may, and shall if required by the Trustee, bear a notation in form approved by the Trustee as to any matter provided for in such amendment. If the Company shall so determine, new Securities so modified as to conform, in the opinion of the Trustee and the Board of DirectorsDirectors of the Company, to any such amendment may be prepared and executed by the Company and authenticated and delivered by the Trustee in exchange for Outstanding Securities. Failure to make the appropriate notation or to issue a new Security shall not affect the validity of such amendment.

Appears in 2 contracts

Samples: Value Support Rights Agreement (Mafco Consolidated Group Inc), Stock and VSR Purchase Agreement (Mafco Consolidated Group Inc)

Reference in Securities to Amendments. If an amendment changes the terms of a Security, the Trustee Rights Agent may require the Holder of the Security to deliver it to the TrusteeRights Agent. Securities authenticated and delivered after the execution of any amendment pursuant to this Article may, and shall if required by the TrusteeRights Agent, bear a notation in form approved by the Trustee Rights Agent as to any matter provided for in such amendment. If the Company Issuers shall so determine, new Securities so modified as to conform, in the opinion of the Trustee Rights Agent and the Board of DirectorsDirectors of the Issuers, to any such amendment may be prepared and executed by the Company Issuers and authenticated and delivered by the Trustee Rights Agent in exchange for Outstanding Securities. Failure to make the appropriate notation or to issue a new Security shall not affect the validity of such amendment.

Appears in 1 contract

Samples: Contingent Value Rights Agreement (Alamosa Delaware Inc)

Reference in Securities to Amendments. If an amendment ------------------------------------- changes the terms of a Security, the Trustee may require the Holder of the Security to deliver it to the Trustee. Securities authenticated and delivered after the execution of any amendment pursuant to this Article may, and shall if required by the Trustee, bear a notation in form approved by the Trustee as to any matter provided for in such amendment. If the Company Buyer shall so determine, new Securities so modified as to conform, in the opinion of the Trustee and the Board one or more authorized officers of DirectorsBuyer, to any such amendment may be prepared and executed by the Company Buyer and authenticated and delivered by the Trustee in exchange for Outstanding Securities. Failure to make the appropriate notation or to issue a new Security shall not affect the validity of such amendment.

Appears in 1 contract

Samples: Contingent Value Rights Agreement (Hewlett Packard Co)

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Reference in Securities to Amendments. If an amendment changes the terms of a Security, the Trustee may require the Holder of the Security to deliver it to the Trustee. Securities authenticated and delivered after the execution of any amendment pursuant to this Article may, and shall if required by the Trustee, bear a notation in form approved by the Trustee as to any matter provided for in such amendment. If the Company Buyer shall so determine, new Securities so modified as to conform, in the opinion of the Trustee and the Board of Directors, to any such amendment may be prepared and executed by the Company Buyer and authenticated and delivered by the Trustee in exchange for Outstanding Securities. Failure to make the appropriate notation or to issue a new Security shall not affect the validity of such amendment.

Appears in 1 contract

Samples: Contingent Value Rights Agreement (Hewlett Packard Co)

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