Common use of Notation on or Exchange of Notes Clause in Contracts

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuer may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding the changed terms and return it to the Holder. Alternatively, if the Issuer or the Trustee so determines, the Issuer in exchange for the Note shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendment, supplement or waiver.

Appears in 46 contracts

Samples: Indenture (GeoEye, Inc.), Indenture (Affinion Loyalty Group, Inc.), Indenture (GeoEye License Corp.)

AutoNDA by SimpleDocs

Notation on or Exchange of Notes. If an amendment, modification or supplement or waiver changes the terms of a Note, the Issuer or the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note and on any Note subsequently authenticated regarding the changed terms and return it to the Holder. Alternatively, if the Issuer or the Trustee so determines, the Issuer in exchange for the Note shall issue issue, and the Trustee shall authenticate authenticate, a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendment, supplement modification or waiversupplement.

Appears in 25 contracts

Samples: Indenture (Norwegian Cruise Line Holdings Ltd.), Indenture (Norwegian Cruise Line Holdings Ltd.), Indenture (Carnival PLC)

Notation on or Exchange of Notes. If an amendment, supplement supplement, or waiver changes the terms of a Note, the Issuer Trustee may require request the Holder of the Note to deliver it to the Trustee. The In such case, the Trustee may shall place an appropriate notation on the Note regarding about the changed terms and return it to the Holder. Alternatively, if the Issuer Company or the Trustee so determines, the Issuer Company in exchange for the Note shall issue and the Trustee shall authenticate a new Note security that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, amendment supplement or waiver.

Appears in 24 contracts

Samples: Indenture (Lamar Advertising Co/New), Indenture (McClatchy Co), Lamar Media Corp/De

Notation on or Exchange of Notes. If an amendment, modification or supplement or waiver changes the terms of a Note, the Issuer Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding the changed terms and return it to the Holder. Alternatively, if the Issuer or the Trustee so determines, the Issuer in exchange for the Note shall issue and the Trustee or an Authenticating Agent shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendment, supplement modification or waiversupplement.

Appears in 20 contracts

Samples: Supplemental Indenture (Altice USA, Inc.), Supplemental Indenture (Altice USA, Inc.), Indenture (CSC Holdings LLC)

Notation on or Exchange of Notes. If an amendment, amendment or supplement or waiver changes the terms of a Note, the Issuer Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding the changed terms and return it to the Holder. Alternatively, if the Issuer or the Trustee so determines, the Issuer Issuer, in exchange for the Note shall issue Note, will execute and upon Issuer Order, the Trustee shall will authenticate and make available for delivery a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendment, supplement amendment or waiversupplement.

Appears in 20 contracts

Samples: Indenture (Cemex Sab De Cv), Indenture (Cemex Sab De Cv), Intercreditor Agreement (Cemex Sab De Cv)

Notation on or Exchange of Notes. If an amendment, modification or supplement or waiver changes the terms of a Note, the Issuer or Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note and on any Note subsequently authenticated regarding the changed terms and return it to the Holder. Alternatively, if the Issuer or the Trustee so determines, the Issuer in exchange for the Note shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendment, supplement modification or waiversupplement.

Appears in 18 contracts

Samples: Indenture (Hungarian Telephone & Cable Corp), Note Accession Agreement (Hungarian Telephone & Cable Corp), Indenture (InterXion Holding N.V.)

Notation on or Exchange of Notes. If an amendment, supplement supplement, or waiver changes the terms of a Note, the Issuer Trustee may require request the Holder of the Note to deliver it to the Trustee. The In such case, the Trustee may shall place an appropriate notation on the Note regarding about the changed terms and return it to the Holder. Alternatively, if the Issuer Company or the Trustee so determinesdetermine, the Issuer in exchange for the Note the Company shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, amendment supplement or waiver.

Appears in 17 contracts

Samples: Indenture (CNH Industrial Capital LLC), Indenture (CNH Industrial Capital LLC), Indenture (New Holland Credit Company, LLC)

Notation on or Exchange of Notes. If an amendment, modification or supplement or waiver changes the terms of a Note, the Issuer Issuers or the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note and on any Note subsequently authenticated regarding the changed terms and return it to the Holder. Alternatively, if the Issuer or the Trustee Issuers so determinesdetermine, the Issuer Issuers in exchange for the Note shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendment, supplement modification or waiversupplement.

Appears in 13 contracts

Samples: Indenture (Ardagh Finance Holdings S.A.), Indenture (Ardagh Group S.A.), Secured Indenture (Ardagh Finance Holdings S.A.)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuer Issuers may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding the changed terms and return it to the Holder. Alternatively, if the Issuer Issuers or the Trustee so determines, the Issuer Issuers in exchange for the Note shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendment, supplement or waiver.

Appears in 10 contracts

Samples: Indenture (Hexion Specialty Chemicals, Inc.), Graham Packaging (Graham Packaging Holdings Co), Indenture (Momentive Specialty Chemicals Inc.)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuer may require the Holder holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding the changed terms and return it to the Holderholder. Alternatively, if the Issuer or the Trustee so determines, the Issuer in exchange for the Note shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendment, supplement or waiver.

Appears in 10 contracts

Samples: Indenture (Harrahs Entertainment Inc), Supplemental Indenture (CAESARS ENTERTAINMENT Corp), Supplemental Indenture (Harrahs Entertainment Inc)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuer Company may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding the changed terms and return it to the Holder. Alternatively, if the Issuer Company or the Trustee so determines, the Issuer Company in exchange for the Note shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendment, supplement or waiver.

Appears in 9 contracts

Samples: Indenture (Worldwide Recruiting & Staffing Services LLC), Indenture (Panolam Industries International Inc), Indenture (Global Brass & Copper Holdings, Inc.)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuer Company may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding the changed terms and return it to the Holder. Alternatively, if the Issuer Company or the Trustee so determines, the Issuer Company in exchange for the Note shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 9 contracts

Samples: Indenture (Alliance Data Systems Corp), Indenture (Alliance Data Systems Corp), Indenture (Alliance Data Systems Corp)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuer Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding about the changed terms and return it to the Holder. Alternatively, if the Issuer Company or the Trustee so determines, the Issuer Company in exchange for the Note shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 8 contracts

Samples: Indenture (Nbty Inc), Indenture (Metrocall Inc), Indenture (Huntsman Packaging Corp)

Notation on or Exchange of Notes. If an amendment, supplement supplement, or waiver changes the terms of a Note, the Issuer Trustee may require request the Holder of the Note to deliver it to the Trustee. The In such case, the Trustee may shall place an appropriate notation on the Note regarding about the changed terms and return it to the Holder. Alternatively, if the Issuer or the Trustee so determinesdetermine, the Issuer in exchange for the Note the Issuer shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, amendment supplement or waiver.

Appears in 7 contracts

Samples: Indenture (Basic Energy Services Inc), Indenture (American Greetings Corp), Indenture (American Greetings Corp)

Notation on or Exchange of Notes. If an amendment, supplement supplement, or waiver changes the terms of a Note, the Issuer Trustee may require request the Holder holder of the Note to deliver it to the Trustee. The In such case, the Trustee may shall place an appropriate notation on the Note regarding about the changed terms and return it to the Holderholder. Alternatively, if the Issuer Company or the Trustee so determines, the Issuer Issuers in exchange for the Note shall issue and the Trustee shall authenticate a new Note security that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 7 contracts

Samples: Mobile Satellite (Skyterra Communications Inc), Indenture (Skyterra Communications Inc), Indenture (Skyterra Communications Inc)

Notation on or Exchange of Notes. If an a modification, amendment, supplement or waiver changes the terms of a Note, the Issuer Trustee may require request the Holder of the Note to deliver it to the Trustee. The In such case, the Trustee may shall place an appropriate notation on the Note regarding about the changed terms and return it to the Holder. Alternatively, if the Issuer Issuers or the Trustee so determinesdetermine, the Issuer Issuers in exchange for the Note shall issue and the Trustee shall authenticate a new Note security that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such modification, amendment, supplement or waiver.

Appears in 6 contracts

Samples: Indenture (Petro Financial Corp), Indenture (Petro Stopping Centers Holdings Lp), Indenture (Petro Holdings Financial Corp)

Notation on or Exchange of Notes. If an amendment, supplement supplement, or waiver changes the terms of a Note, the Issuer Trustee may require request the Holder of the Note to deliver it to the Trustee. The In such case, the Trustee may shall place an appropriate notation on the Note regarding about the changed terms and return it to the Holder. Alternatively, if the Issuer or the Trustee so determines, the Issuer in exchange for the Note the Issuer shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, supplement supplement, or waiver.

Appears in 5 contracts

Samples: Indenture (Hercules Offshore, Inc.), Indenture (Hercules Offshore, Inc.), Indenture (Hercules Offshore, Inc.)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuer Trustee may require the Holder of the Note to deliver it the Note to the Trustee. The Trustee may place an appropriate notation on the Note regarding about the changed terms and return it the Note to the Holder. Alternatively, if the Issuer Company or the Trustee so determines, the Issuer Company in exchange for the Note shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 5 contracts

Samples: Indenture (Cellstar Corp), Indenture (Cellstar Corp), Indenture (Cellstar Corp)

Notation on or Exchange of Notes. If an amendment, supplement supplement, or waiver changes the terms of a Note, the Issuer Trustee may require request the Holder of the Note to deliver it to the Trustee. The In such case, the Trustee may shall place an appropriate notation on the Note regarding about the changed terms and return it to the Holder. Alternatively, if the Issuer Company or the Trustee so determinesdetermine, the Issuer in exchange for the Note the Company shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 5 contracts

Samples: Indenture (Healthsouth Corp), Healthsouth Corp, Indenture (Healthsouth Corp)

Notation on or Exchange of Notes. If an a modification, amendment, supplement or waiver changes the terms of a Note, the Issuer Trustee may require request the Holder of the Note to deliver it to the Trustee. The In such case, the Trustee may shall place an appropriate notation on the Note regarding about the changed terms and return it to the Holder. Alternatively, if the Issuer Company or the Trustee so determines, the Issuer Company in exchange for the Note shall issue and the Trustee shall authenticate a new Note security that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such modification, amendment, supplement or waiver.

Appears in 5 contracts

Samples: Indenture (Federal Mogul Corp), Pledge and Intercreditor Agreement (Pierce Leahy Corp), Indenture (Healthcor Holdings Inc)

Notation on or Exchange of Notes. If an amendment, supplement supplement, or waiver changes the terms of a Note, the Issuer Trustee may require request the Holder of the Note to deliver it to the Trustee. The In such case, the Trustee may shall place an appropriate notation on the Note regarding about the changed terms and return it to the Holder. Alternatively, if the Issuer or the Trustee so determines, the Issuer in exchange for the Note the Issuer shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, amendment supplement or waiver.

Appears in 5 contracts

Samples: Basic Energy Services (Basic Energy Services Inc), Supplemental Indenture (Basic Energy Services Inc), Indenture (Hercules Offshore, Inc.)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuer Issuers may require the Holder holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding the changed terms and return it to the Holderholder. Alternatively, if the Issuer Issuers or the Trustee so determinesdetermine, the Issuer Issuers in exchange for the Note shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendment, supplement or waiver.

Appears in 5 contracts

Samples: Indenture (Vici Properties Inc.), Indenture (Quality Distribution Inc), Indenture (Vici Properties Inc.)

Notation on or Exchange of Notes. If an amendment, supplement supplement, or waiver changes the terms of a Note, the Issuer Trustee may require request the Holder of the Note to deliver it to the Trustee. The In such case, the Trustee may shall place an appropriate notation on the Note regarding about the changed terms and return it to the Holder. Alternatively, if the Issuer Issuers or the Trustee so determinesdetermine, the Issuer in exchange for the Note the Issuers shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, amendment supplement or waiver.

Appears in 4 contracts

Samples: Couche Tard (3055854 Nova Scotia Co), Indenture (Stonemor Partners Lp), NSP Holdings Capital Corp.

Notation on or Exchange of Notes. If an amendment, modification or supplement or waiver changes the terms of a Note, the Issuer or the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note and on any Note subsequently authenticated regarding the changed terms and return it to the Holder. Alternatively, if the Issuer or the Trustee so determines, the Issuer in exchange for the Note shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendment, supplement modification or waiversupplement.

Appears in 4 contracts

Samples: Indenture (Core Scientific, Inc./Tx), Indenture (Ardagh Finance Holdings S.A.), Ardagh Group S.A.

Notation on or Exchange of Notes. If an amendment, supplement supplement, or waiver changes the terms of a Note, the Issuer Trustee may require request the Holder of the Note to deliver it to the Trustee. The In such case, the Trustee may shall place an appropriate notation on the Note regarding about the changed terms and return it to the Holder. Alternatively, if the Issuer Issuers or the Trustee so determinesdetermine, the Issuer Issuers in exchange for the Note shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, amendment supplement or waiver.

Appears in 4 contracts

Samples: Supplemental Indenture (Muzak Holdings Finance Corp), Supplemental Indenture (Muzak Finance Corp), Supplemental Indenture (Muzak Finance Corp)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuer Trustee may require request the Holder of the Note to deliver it to the Trustee. The In such case, the Trustee may shall place an appropriate notation on the Note regarding about the changed terms and return it to the Holder. Alternatively, if the Issuer Company or the Trustee so determinesdetermine, the Issuer in exchange for the Note the Company shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 4 contracts

Samples: Healthsouth Corp, Healthsouth Corp, Indenture (Healthsouth Corp)

Notation on or Exchange of Notes. If an amendment, amendment or supplement or waiver changes the terms of a Note, the Issuer Trustee may require the Holder of the Note to deliver it such Note to the Trustee. The Trustee may place an appropriate notation on the Note regarding the changed terms and return it such Note to the Holder. Alternatively, if the Issuer or the Trustee so determines, the Issuer in exchange for the Note shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendment, supplement amendment or waiversupplement.

Appears in 3 contracts

Samples: Junior Intercreditor Agreement (MARRIOTT VACATIONS WORLDWIDE Corp), Indenture (MARRIOTT VACATIONS WORLDWIDE Corp), Marriott Ownership (MARRIOTT VACATIONS WORLDWIDE Corp)

Notation on or Exchange of Notes. If an amendment, amendment or supplement or waiver changes the terms of a Note, the Issuer Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding the changed terms and return it to the Holder. Alternatively, if the Issuer Company or the Trustee so determines, the Issuer Company in exchange for the Note shall issue will execute and upon Issuer Order the Trustee shall will authenticate and make available for delivery a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendment, supplement amendment or waiversupplement.

Appears in 3 contracts

Samples: Cemex Sab De Cv, Cemex Sab De Cv, Cemex Sab De Cv

Notation on or Exchange of Notes. If an amendment, modification or supplement or waiver changes the terms of a Note, the Issuer or Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note and on any Note subsequently authenticated regarding the changed terms and return it to the Holder. Alternatively, if the Issuer or the Trustee so determines, the Issuer in exchange for the Note shall issue issue, and the Trustee shall authenticate authenticate, a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendment, supplement modification or waiversupplement.

Appears in 3 contracts

Samples: Indenture (T F Bell Holdings LTD), Indenture (Portishead Insurance Management LTD), Indenture (Townfrost LTD)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuer Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding about the changed terms and return it to the Holder. Alternatively, if the Issuer Company or the Trustee so determinesdetermine, the Issuer Company in exchange for the Note shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 3 contracts

Samples: Activant Solutions Inc /De/, Cooperative Computing Inc /De/, Pasta Group L L C

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuer Trustee may require the Holder of to deliver the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding the changed terms and return it to the Holder. Alternatively, if the Issuer Grupo Aval Limited or the Trustee so determines, the Issuer Grupo Aval Limited in exchange for the Note shall issue and and, upon Grupo Aval Limited order, the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendment, supplement or waiver.

Appears in 3 contracts

Samples: Indenture (Grupo Aval Acciones Y Valores S.A.), Indenture (Grupo Aval Acciones Y Valores S.A.), Indenture (Grupo Aval Acciones Y Valores S.A.)

Notation on or Exchange of Notes. If an amendment, modification or supplement or waiver changes the terms of a Note, the Issuer Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding the changed terms and return it to the Holder. Alternatively, if the Issuer Issuers or the Trustee so determines, the Issuer Issuers in exchange for the Note shall issue and the Trustee or an Authenticating Agent shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendment, supplement modification or waiversupplement.

Appears in 2 contracts

Samples: Supplemental Indenture (Altice USA, Inc.), Supplemental Indenture (Altice USA, Inc.)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuer Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding about the changed terms and return it to the Holder. Alternatively, if the Issuer Company or the Trustee so determines, the Issuer Company in exchange for the Note shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall will not affect the validity and effect of such amendment, supplement or waiver.

Appears in 2 contracts

Samples: Indenture (Salant Corp), Indenture (Armor Holdings Inc)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuer may require the Holder holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding the changed terms and return it to the Holderholder. Alternatively, if the Issuer or the Trustee so determinesdetermine, the Issuer in exchange for the Note shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendment, supplement or waiver.

Appears in 2 contracts

Samples: Supplemental Indenture (TAMINCO ACQUISITION Corp), Supplemental Indenture (TAMINCO ACQUISITION Corp)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuer Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding the changed terms and return it to the Holder. Alternatively, if the Issuer Company or the Trustee so determinesdetermine, the Issuer Company in exchange for the Note shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendment, supplement or waiver.

Appears in 2 contracts

Samples: Cimarex Energy Co, Columbus Energy Corp

Notation on or Exchange of Notes. If an amendment, modification or supplement or waiver changes the terms of a Note, the Issuer Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding the changed terms and return it to the Holder. Alternatively, if the Issuer or the Trustee so determines, the Issuer in exchange for the Note shall issue and the Trustee or an Authenticating Agent shall authenticate a new Note that reflects the 146 changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendment, supplement modification or waiversupplement.

Appears in 2 contracts

Samples: Altice USA, Inc., Altice USA, Inc.

Notation on or Exchange of Notes. If an amendment, modification or supplement or waiver changes the terms of a Note, the Issuer Issuers or Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note and on any Note subsequently authenticated regarding the changed terms and return it to the Holder. Alternatively, if the Issuer or the Trustee Issuers so determinesdetermine, the Issuer Issuers in exchange for the such Note shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendment, supplement modification or waiversupplement.

Appears in 2 contracts

Samples: Indenture (Sealed Air Corp/De), Sealed Air Corp/De

Notation on or Exchange of Notes. If an amendment, modification or supplement or waiver changes the terms of a Note, the Issuer Issuers or Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note and on any Note subsequently authenticated regarding the changed terms and return it to the Holder. Alternatively, if the Issuer or the Trustee Issuers so determinesdetermine, the Issuer Issuers in exchange for the Note shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendment, supplement modification or waiversupplement.

Appears in 2 contracts

Samples: Indenture (Foresight Energy Partners LP), Indenture (Foresight Energy Partners LP)

Notation on or Exchange of Notes. If an amendment, amendment or supplement or waiver changes the terms of a Note, the Issuer Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding the changed terms and return it to the Holder. Alternatively, if the Issuer or the Trustee so determines, the Issuer in exchange for the Note shall issue will execute and upon Issuer Order the Trustee shall will authenticate and make available for delivery a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendment, supplement amendment or waiversupplement.

Appears in 2 contracts

Samples: Financing Agreement (Cemex Sab De Cv), Financing Agreement (Cemex Sab De Cv)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a any Note, the Issuer may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation about an amendment, supplement or waiver on the any Note regarding the changed terms and return it to the Holderthereafter authenticated. Alternatively, if the Issuer or the Trustee so determines, the Issuer The Issuers in exchange for the Note shall all Notes may issue and the Trustee shall authenticate a new Note Notes that reflects reflect the changed termsamendment, supplement or waiver. Failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 2 contracts

Samples: Supplemental Indenture (Vantiv, Inc.), info.vantiv.com

AutoNDA by SimpleDocs

Notation on or Exchange of Notes. If an amendment, modification or supplement or waiver changes the terms of a Note, any Issuer or the Issuer Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note and on any Note subsequently authenticated regarding the changed terms and return it to the Holder. Alternatively, if the any Issuer or the Trustee so determines, the Issuer Issuers in exchange for the Note shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendment, supplement modification or waiversupplement.

Appears in 2 contracts

Samples: Indenture (Digicel MidCo LTD), Indenture (Transact LTD)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuer or Holdings may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding the changed terms and return it to the Holder. Alternatively, if the Issuer Issuer, Holdings or the Trustee so determines, the Issuer and Holdings in exchange for the Note shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendment, supplement or waiver.

Appears in 2 contracts

Samples: Indenture (Intelsat LTD), Indenture (Intelsat LTD)

Notation on or Exchange of Notes. 71 77 If an amendment, supplement or waiver changes the terms of a Note, the Issuer Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding about the changed terms and return it to the Holder. Alternatively, if the Issuer Company or the Trustee so determines, the Issuer Company in exchange for the Note shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 1 contract

Samples: Prime Foods Development Corp

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuer Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding the changed terms and return it to the Holder. Alternatively, if the Issuer Company or the Trustee so determines, the Issuer Company in exchange for the Note shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendment, supplement or waiver.

Appears in 1 contract

Samples: Indenture (Lee Enterprises, Inc)

Notation on or Exchange of Notes. If an amendment, supplement supplement, or waiver changes the terms of a Note, the Issuer Trustee may require request the Holder of the Note to deliver it to the Trustee. The In such case, the Trustee may shall place an appropriate notation on the Note regarding about the changed terms and return it to the Holder. Alternatively, if the Issuer Company or the Trustee so determines, the Issuer in exchange for the Note the Company shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, amendment supplement or waiver.

Appears in 1 contract

Samples: Mariner Health Care Inc

Notation on or Exchange of Notes. If an amendment, supplement supplement, or waiver changes the terms of a Note, the Issuer Trustee may require request the Holder of the Note to deliver it to the Trustee. The In such case, the Trustee may shall place an appropriate notation on the Note regarding about the changed terms and return it to the Holder. Alternatively, if the Issuer or the Trustee so determinesdetermine, the Issuer in exchange for the Note shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, amendment supplement or waiver.

Appears in 1 contract

Samples: Indenture (Muzak LLC)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuer may require the Holder of the Note to deliver it to the Trustee. The Trustee may at the direction of the Issuer place an appropriate notation on the Note regarding the changed terms and return it to the Holder. Alternatively, if the Issuer or the Trustee so determines, the Issuer in exchange for the Note shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendment, supplement or waiver.

Appears in 1 contract

Samples: Indenture (Affinion Group, Inc.)

Notation on or Exchange of Notes. If an a modification, amendment, supplement or waiver changes the terms of a Note, the Issuer Trustee may require request the Holder of the Note to deliver it to the Trustee. The In such case, the Trustee may shall place an appropriate notation on the Note regarding about the changed terms and return it to the Holder. Alternatively, if the Issuer Company or the Trustee so determinesdetermine, the Issuer Company in exchange for the Note shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such modification, amendment, supplement or waiver.

Appears in 1 contract

Samples: Labranche & Co Inc

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuer Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding about the changed terms and return it to the Holder. Alternatively, if the Issuer Issuers or the Trustee so determinesdetermine, the Issuer Issuers in exchange for the Note shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 1 contract

Samples: Indenture (GPPW Inc)

Notation on or Exchange of Notes. If an amendment, -------------------------------- supplement or waiver changes the terms of a Note, the Issuer Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding about the changed terms and return it to the Holder. Alternatively, if the Issuer Company or the Trustee so determines, the Issuer Company in exchange for the Note shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 1 contract

Samples: Avalon Rehabilitation & Healthcare LLC

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuer may require the Holder holder of the Note 122 to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding the changed terms and return it to the Holderholder. Alternatively, if the Issuer or the Trustee so determinesdetermine, the Issuer in exchange for the Note shall issue and and, upon written order of the Issuer signed by an Officer, the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendment, supplement or waiver.

Appears in 1 contract

Samples: Supplemental Indenture (SeaWorld Entertainment, Inc.)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuer may require the Holder of the Note to deliver it to the Trustee. The Trustee at the direction of the Issuer may place an appropriate notation on the Note regarding the changed terms and return it to the Holder. Alternatively, if the Issuer or the Trustee so determines, the Issuer in exchange for the Note shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendment, supplement or waiver.

Appears in 1 contract

Samples: Indenture (Signature Group Holdings, Inc.)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuer Trustee may require request the Holder of the Note to deliver it to the Trustee. The In such case, the Trustee may shall place an appropriate notation on the Note regarding about the changed terms and return it to the Holder. Alternatively, if the Issuer Issuers or the Trustee so determinesdetermine, the Issuer in exchange for the Note the Issuers shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 1 contract

Samples: Indenture (Stonemor Partners Lp)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Notethe Notes, the Issuer Trustee may require the each Holder of the Note thereof to deliver it its Notes to the Trustee. The Trustee may place an appropriate notation about an amendment or waiver on the any Note regarding the changed terms and return it to the Holderthereafter authenticated. Alternatively, if the Issuer or the Trustee so determines, the Issuer The Issuers in exchange for the Note shall all Notes may issue and the Trustee shall authenticate a new Note Notes that reflects reflect the changed termsamendment or waiver. Failure to make the appropriate notation or to issue a new Note shall not affect the validity or effect of such amendment, supplement amendment or waiver.

Appears in 1 contract

Samples: Indenture (Eldorado Resorts LLC)

Notation on or Exchange of Notes. If an amendment, supplement supplement, or waiver changes the terms of a Note, the Issuer Trustee may require request the Holder holder of the Note to deliver it to the Trustee. The In such case, the Trustee may shall place an appropriate notation on the Note regarding about the changed terms and return it to the Holderholder. Alternatively, if the Issuer Company or the Trustee so determines, the Issuer Company in exchange for the Note shall issue and the Trustee shall authenticate a new Note security that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, amendment supplement or waiver.

Appears in 1 contract

Samples: Park Ohio Industries Inc

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuer Trustee may require the Holder of the such Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding about the changed terms and return it to the Holder. Alternatively, if the Issuer Company or the Trustee so determinesdetermine, the Issuer Company in exchange for the Note shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 1 contract

Samples: Idt Corp

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuer Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding about the changed terms and return it to the Holder. Alternatively, if the Issuer Company or the Trustee so determines, the Issuer Company in exchange for the Note shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of any such amendment, supplement or waiver.

Appears in 1 contract

Samples: Rave Restaurant Group, Inc.

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuer Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding about the changed terms and return it to the Holder. Alternatively, if the Issuer Company or the Trustee so determines, the Issuer Company in exchange for the Note shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver. SECTION 9.6.

Appears in 1 contract

Samples: Metrocall Inc

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuer Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding about the changed terms and return it to the Holder. Alternatively, if the Issuer Company or the Trustee so determines, the Issuer Company, in exchange for the Note Note, shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 1 contract

Samples: Iesi Tx Corp

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuer Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding about the changed terms and return it to the Holder. Alternatively, if the Issuer Company or the Trustee so determines, the Issuer Company in exchange for the Note shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure Fail- ure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 1 contract

Samples: Amo Holdings LLC

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a NoteNote , the Issuer Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding about the changed terms and return it to the Holder. Alternatively, if the Issuer or the Trustee so determines, the Issuer in exchange for the Note shall issue and the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 1 contract

Samples: HRM Holdings Corp

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuer may require the Holder of the Note thereof to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding the changed terms and return it to the Holder. Alternatively, if the Issuer or the Trustee so determinesdetermine, the Issuer in exchange for the Note shall issue and and, upon receipt of an Authentication Order, the Trustee shall authenticate a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendment, supplement or waiver.

Appears in 1 contract

Samples: Lamington Road Dac (Emergent Capital, Inc.)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuer Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note regarding about the changed terms and return it to the Holder. Alternatively, if the Issuer Company or the Trustee so determinesdetermine, the Issuer Company in exchange for the Note shall issue and the Trustee shall authenticate a new Note of the same Series that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity and effect of such amendment, supplement or waiver.

Appears in 1 contract

Samples: Indenture (Martin Marietta Materials Inc)

Notation on or Exchange of Notes. If an amendment, modification or supplement or waiver changes the terms of a Note, the Issuer or the Trustee may require the Holder of the Note to deliver it to the Trustee. The Trustee may place an appropriate notation on the Note and on any Note subsequently authenticated regarding the changed terms and return it to the Holder. Alternatively, if the Issuer or the Trustee so determines, the Issuer in exchange for the Note shall issue issue, and the Trustee shall authenticate authenticate, a new Note that reflects the changed terms. Failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendment, supplement modification or waiver.supplement. 113

Appears in 1 contract

Samples: Indenture (Royal Caribbean Cruises LTD)

Notation on or Exchange of Notes. If an amendment, supplement or waiver changes the terms of a Note, the Issuer Trustee may require the Holder of the Note to deliver it to the TrusteeTrustee or require the Holder to put an appropriate notation on the Note. The Trustee may place an appropriate notation on the Note regarding about the changed terms and return it to the Holder. Alternatively, if the Issuer or the Trustee Company so determines, the Issuer Company in exchange for the Note shall will issue and the Trustee shall will authenticate a new Note that reflects the changed terms. Failure Any failure to make the appropriate notation or to issue a new Note shall not affect the validity of such amendment, supplement or waiver.

Appears in 1 contract

Samples: Indenture (Claxson Interactive Group Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.