Additional Intercreditor Agreement. At the request of the Issuer, at the time of, or prior to, the Incurrence of any Indebtedness that is permitted to share the Collateral, the Issuer, the relevant Guarantors, the Trustee and the Security Trustee shall enter into an additional intercreditor agreement or an amendment to the Intercreditor Agreement, provided that such Intercreditor Agreement or additional intercreditor agreement shall not impose any personal obligations on the Trustee or the Security Trustee or adversely affect the rights, duties, liabilities or immunities of the Trustee under this Indenture or the Intercreditor Agreement. Each holder of a Note shall be deemed to have agreed to and accepted the terms and conditions of each Intercreditor Agreement and additional intercreditor agreement and the Trustee or the Security Trustee shall not be required to seek the consent of any holders of Notes to perform its obligations under and in accordance with this Section 4.21.” (c) Section 5.01 (Consolidation, Merger or Sale of Assets) of the Indenture is hereby amended as follows: Clauses (b) and (c) of 5.01(a) are deleted; Clause (c) of 5.01(b) is deleted; and any and all references to such clauses, any and all obligations thereunder and any Event of Default related to such clauses are hereby deleted wherever occurring in the Indenture. (d) The Indenture is hereby amended by deleting in their entirety clauses 6.01(1)(g) and 6.01(1)(j) of Section 6.01 (Events of Default) and, in the case of each such clauses, replacing such clauses with the word “[Reserved]”, and any and all references to such clauses are hereby deleted wherever occurring in the Indenture. (e) The Indenture is hereby amended by deleting all definitions in the Indenture which are used exclusively in the sections and clauses deleted pursuant to sections 2 and 3 of this Supplemental Indenture or whose sole use or uses in the Indenture are eliminated in the amendments set forth in sections 2 and 3 of this Supplemental Indenture. The Indenture and Notes are hereby amended by deleting in their entirety all references in the Indenture and Notes to Sections or clauses deleted by sections 2 and 3 of this Supplemental Indenture.
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Additional Intercreditor Agreement. (A) At the request of the IssuerCompany, at the time of, or prior to, the Incurrence incurrence of any Indebtedness that is permitted to share the CollateralCollateral or that is otherwise permitted to be incurred under this Indenture, the IssuerCompany, the relevant Guarantors, the Trustee and the Security Collateral Trustee shall will (without the consent of Holders), to the extent authorized and permitted under the Intercreditor Agreement, enter into an additional intercreditor agreement such amendments, supplements or an amendment agreements as necessary to add the obligees of such Indebtedness and/or any representative(s) thereof as party to the Intercreditor Agreement, or an additional Intercreditor Agreement (the “Additional Intercreditor Agreement”); provided that such amendments, supplements, agreements or such Additional Intercreditor Agreement or additional intercreditor agreement shall will not impose any personal obligations on the Trustee or the Security Collateral Trustee or adversely affect the rights, duties, liabilities or immunities of the Trustee or the Collateral Trustee under this the Indenture or the Intercreditor Agreement. .
(B) At the written direction of the Company and without the consent of the Holders, the Trustee and the Collateral Trustee, to the extent authorized and permitted under the Intercreditor Agreement, shall upon the written direction of the Company from time to time enter into one or more Additional Intercreditor Agreements or amendments or supplements of the Intercreditor Agreement to: (1) cure any ambiguity, omission, defect or inconsistency therein; (2) increase the amount of Indebtedness permitted to be incurred or issued under this Indenture of the types covered thereby that may be incurred by the Company or any Company Indenture Party that is subject thereto (including the addition of provisions relating to new Indebtedness); (3) add Guarantors thereto; (4) further secure the Notes (including any Additional Notes); (5) allow any successor Trustee and/or Collateral Trustee to accede as a party thereto; or (6) make any other such change thereto that does not adversely affect the rights of holders of the Notes in any material respect; provided that such Additional Intercreditor Agreement will not impose any personal obligations on the Trustee or the Collateral Trustee or adversely affect the rights, duties, liabilities or immunities of the Trustee or the Collateral Trustee under the Indenture or the Intercreditor Agreement.
(C) In executing any execution of the Additional Intercreditor Agreement or the amendments or supplements of the Intercreditor Agreement in accordance with this Section 14.02, the Trustee and the Collateral Trustee, as the case may be will be entitled to receive, and (subject to Sections 10.01 and 10.02) will be fully protected in relying on, an Officer’s Certificate and an Opinion of Counsel, provided in accordance with Section 13.02, each stating that (A) the execution and delivery of such Additional Intercreditor Agreement or such amendments or supplements of the Intercreditor Agreement is authorized or permitted by this Indenture; and (B) in the case of the Opinion of Counsel, such Additional Intercreditor Agreement, or such amendments or supplements of the Intercreditor Agreement is valid, binding and enforceable against the Company in accordance with its terms.
(D) Each holder of Holder, by accepting a Note shall Note, will be deemed to have agreed to and accepted the terms and conditions of each the Intercreditor Agreement and additional intercreditor agreement each Additional Intercreditor Agreement (in each case as may be amended or supplemented from time to time in accordance with the terms of this Indenture, the Intercreditor Agreement or other Indenture Documents), to have authorized the Trustee and the Collateral Trustee to become a party to any such Intercreditor Agreement, and Additional Intercreditor Agreement, and any amendment referred to in Article 8 and the Trustee or the Security Collateral Trustee shall will not be required to seek the consent of any holders of Notes Holders to perform its their respective obligations under and in accordance with this Section 4.21Article 14.”
(c) Section 5.01 (Consolidation, Merger or Sale of Assets) of the Indenture is hereby amended as follows: Clauses (b) and (c) of 5.01(a) are deleted; Clause (c) of 5.01(b) is deleted; and any and all references to such clauses, any and all obligations thereunder and any Event of Default related to such clauses are hereby deleted wherever occurring in the Indenture.
(d) The Indenture is hereby amended by deleting in their entirety clauses 6.01(1)(g) and 6.01(1)(j) of Section 6.01 (Events of Default) and, in the case of each such clauses, replacing such clauses with the word “[Reserved]”, and any and all references to such clauses are hereby deleted wherever occurring in the Indenture.
(e) The Indenture is hereby amended by deleting all definitions in the Indenture which are used exclusively in the sections and clauses deleted pursuant to sections 2 and 3 of this Supplemental Indenture or whose sole use or uses in the Indenture are eliminated in the amendments set forth in sections 2 and 3 of this Supplemental Indenture. The Indenture and Notes are hereby amended by deleting in their entirety all references in the Indenture and Notes to Sections or clauses deleted by sections 2 and 3 of this Supplemental Indenture.
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Additional Intercreditor Agreement. (A) At the request of the IssuerCompany, at the time of, or prior to, the Incurrence incurrence of any Indebtedness that is permitted to share the CollateralPermitted Secured Indebtedness, the IssuerCompany, the relevant Guarantors, the Trustee and the Security Collateral Trustee shall will (without the consent of Holders), to the extent authorized and permitted under the Intercreditor Agreement, enter into an additional intercreditor agreement such amendments, supplements or an amendment agreements as necessary to add the obligees of such Indebtedness and/or any representative(s) thereof as party to the Intercreditor Agreement, or an additional Intercreditor Agreement (the “Additional Intercreditor Agreement”); provided that such amendments, supplements, agreements or such Additional Intercreditor Agreement or additional intercreditor agreement shall will not impose any personal obligations on the Trustee or the Security Collateral Trustee or adversely affect the rights, duties, liabilities or immunities of the Trustee or the Collateral Trustee under this the Indenture or the Intercreditor Agreement. Each holder .
(B) At the written direction of a Note the Company and without the consent of the Holders, the Trustee and the Collateral Trustee, to the extent authorized and permitted under the Intercreditor Agreement, shall be deemed upon the written direction of the Company from time to have agreed to and accepted time enter into one or more Additional Intercreditor Agreements or amendments or supplements of the terms and conditions of each Intercreditor Agreement and additional intercreditor agreement and to: (1) cure any ambiguity, omission, defect or inconsistency therein; (2) increase the amount of Indebtedness permitted to be incurred or issued under this Indenture of the types covered thereby that may be incurred by the Company or any Company Indenture Party that is subject thereto (including the addition of provisions relating to new Indebtedness); (3) add Guarantors thereto; (4) further secure the Notes (including any Additional Notes); or (5) make any other such change thereto that does not adversely affect the rights of holders of the Notes in any material respect; provided that such Additional Intercreditor Agreement will not impose any personal obligations on the Trustee or the Security Collateral Trustee shall not be required to seek or adversely affect the consent rights, duties, liabilities or immunities of the Trustee or the Collateral Trustee under the Indenture or the Intercreditor Agreement.
(C) In executing any holders execution of Notes to perform its obligations under and the Additional Intercreditor Agreement or the amendments or supplements of the Intercreditor Agreement in accordance with this Section 4.21.”
(c) Section 5.01 (Consolidation14.02, Merger or Sale of Assets) of the Indenture is hereby amended Trustee and the Collateral Trustee, as follows: Clauses (b) the case may be, will be entitled to receive, and (c) of 5.01(a) are deleted; Clause (c) of 5.01(b) is deleted; and any and all references to such clauses, any and all obligations thereunder and any Event of Default related to such clauses are hereby deleted wherever occurring in the Indenture.
(d) The Indenture is hereby amended by deleting in their entirety clauses 6.01(1)(g) and 6.01(1)(j) of Section 6.01 (Events of Default) and, in the case of each such clauses, replacing such clauses with the word “[Reserved]”, and any and all references to such clauses are hereby deleted wherever occurring in the Indenture.
(e) The Indenture is hereby amended by deleting all definitions in the Indenture which are used exclusively in the sections and clauses deleted pursuant to sections 2 and 3 of this Supplemental Indenture or whose sole use or uses in the Indenture are eliminated in the amendments set forth in sections 2 and 3 of this Supplemental Indenture. The Indenture and Notes are hereby amended by deleting in their entirety all references in the Indenture and Notes subject to Sections or clauses deleted by sections 2 10.01 and 3 of this Supplemental Indenture.10
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