Failure or Defect Clause Samples
Failure or Defect. Notwithstanding anything provided elsewhere in this Note, neither the failure of the Company to deliver a Fundamental Change Notice nor a defect in a Fundamental Change Notice delivered by the Company will limit the repurchase rights of the Holder under this Article 3 or impair or otherwise affect the validity of any proceedings relating to the repurchase of this Note pursuant to this Article 3.
Failure or Defect. Notwithstanding anything to the contrary contained elsewhere in this Indenture, neither the failure of the Issuer to deliver a Fundamental Change Notice nor a defect in a Fundamental Change Notice delivered by the Issuer will limit the repurchase rights of any Holder under this Article 8 or impair or otherwise affect the validity of any proceedings relating to the repurchase of any Note pursuant to this Article 8.