Amendment of Certain Sections of the Indenture. Subject to Section 3.01 hereof, the Indenture is hereby amended in the following respects: (a) The Section headings and text of each of Sections 4.3, 4.5, 4.6, 4.7, 4.8, 4.9, 4.10, 4.11, 4.12, 4.13, 4.14, 4.16, 4.17, 4.18, 4.19, and 4.21 of the Indenture are hereby deleted in their entirety and replaced with the following: "[Intentionally Deleted by Amendment]" (b) Section 5.1 of the Indenture is hereby amended by deleting the semi-colon at the end of clause (ii), and replacing it with a period, and by deleting all of the remaining text of such Section 5.1. (c) Section 1.1 of the Indenture is hereby amended as follows: (i) the text of the second sentence of the definition of "Asset Sale" is amended by deleting the text of clauses (3) and (9) and replacing them with the following: "[Intentionally Deleted by Amendment];" (ii) the text of the definition of "Credit Agreement" is amended by deleting the phrase "in reliance on the exception provided by clause (b) of the definition of Permitted Indebtedness set forth in Section 4.9 hereof." (iii) the text of the definition of "Unrestricted Subsidiary" is amended by deleting the phrase "and the Company could incur at least $1.00 of additional Indebtedness (excluding Permitted Indebtedness) pursuant to Section 4.9." (d) Section 1.2 of the Indenture is hereby amended by deleting the following terms and section references corresponding to such terms: Affiliate Transaction, Change of Control Offer, Change of Control Payment, Change of Control Payment Date, Excess Proceeds, Permitted Indebtedness, and Restricted Payment. (e) Section 3.9 of the Indenture is hereby deleted in its entirety and replaced with the following: "[Intentionally Deleted by Amendment];" (f) Section 4.4(b) of the Indenture is hereby amended as follows: (i) the text of the first sentence is amended by deleting the phrase "Section 4.3 above" and replaced with the phrase:
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Amendment of Certain Sections of the Indenture. Subject to Section 3.01 hereof, the Indenture is hereby amended in the following respects:
(a) The Section headings and text of each of Sections 4.34.02, 4.54.03, 4.64.04, 4.74.05, 4.84.06, 4.94.07, 4.104.08, 4.11, 4.12, 4.13, 4.14, 4.16, 4.17, 4.18, 4.19, 4.09 and 4.21 5.01 of the Indenture are hereby deleted in their entirety and replaced with the following: "[Intentionally Deleted by Amendment]"
(b) Section 5.1 of the Indenture is hereby amended by deleting the semi-colon at the end of clause (ii), and replacing it with a period, and by deleting all of the remaining text of such Section 5.1.
(c) Section 1.1 6.01 of the Indenture is hereby amended as follows:
(i) the text of the second sentence of the definition of "Asset Sale" is amended by deleting the text of clauses clause (3) is deleted in its entirety and (9) and replacing them replaced with the following: phrase "[Intentionally Deleted by Amendment];"
(ii) the text of the definition of "Credit Agreement" is amended by deleting the phrase "in reliance on the exception provided by clause (b4) of is deleted and replaced in its entirety as follows: "the definition of Permitted Indebtedness set forth in Company fails to comply with Section 4.9 hereof.4.10 and such failure continues for 30 days after the notice specified below;"
(iii) the text of clause (5) is deleted and replaced in its entirety as follows: "the definition Company fails to comply with any of its agreements in the Securities or this Indenture (other than those referred to in (1), (2) or (4) above) and such failure continues for 60 days after the notice specified below;"Unrestricted Subsidiary"
(iv) the text of clause (6) is amended by deleting deleted in its entirety and replaced with the phrase "[Intentionally Deleted by Amendment];" and
(v) the text of clause (9) is deleted in its entirety and replaced with the Company could incur at least $1.00 of additional Indebtedness (excluding Permitted Indebtedness) pursuant to Section 4.9phrase "[Intentionally Deleted by Amendment]."
(c) Section 1.01 of the Indenture is hereby amended as follows:
(i) The captions and text of each of the following defined terms are deleted in their entirety: Asset Disposition, Average Life, Capital Stock, Change of Control, Consolidated EBITDA Coverage Ratio, Consolidated Net Income, Consolidated Net Tangible Assets, Consolidated Net Worth, Credit Agreement, Exchangeable Stock, Investment, Net Available Cash, Net Cash Proceeds, Non-Convertible Capital Stock, Permitted Investments, Preferred Stock, Prospectus, Redeemable Stock, Reference Period, Secured Debt, Stated Maturity, Subordinated Obligation, Tangible Property, WHC, Wholly Owned Subsidiary.
(d) Section 1.2 1.02 of the Indenture is hereby amended by deleting the following terms and section references corresponding to such terms: Affiliate TransactionCustodian, Change of Control Offer, Change of Control PaymentOffer Amount, Change of Control Payment Offer Period, Purchase Date, Excess Proceeds, Permitted Indebtedness, and Restricted Payment.
(e) Section 3.9 of the Indenture is hereby deleted in its entirety and replaced with the following: "[Intentionally Deleted by Amendment];"
(f) Section 4.4(b) of the Indenture is hereby amended as follows:
(i) the text of the first sentence is amended by deleting the phrase "Section 4.3 above" and replaced with the phrase:
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