Common use of AMENDMENT, SUPPLEMENT AND WAIVER Clause in Contracts

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). Any existing Default or compliance with any provision of the Supplemental Indenture or the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) may be waived, including by way of amendment, with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). Without the consent of any Holder of a Note, the Issuers and the Trustee may amend or supplement the Supplemental Indenture or the Notes (i) to cure any ambiguity, mistake, defect or inconsistency, (ii) to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm the issuance of Additional Notes, (iv) to provide for the assumption of the Issuers' obligations to Holders in the case of a merger or consolidation or sale of all or substantially all of the Issuers' assets, (v) to make any change that would provide any additional rights or benefits to the Holders or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Supplemental Indenture under the TIA or otherwise as necessary to comply with applicable law or (vii) to conform the Supplemental Indenture or the Notes to the “Description of Notes” section of the Prospectus.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). Any existing Default or compliance with any provision of the Supplemental Indenture or the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) may be waived, including by way of amendment, with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). Without the consent of any Holder of a Note, the Issuers Company, the Guarantors (if applicable) and the Trustee may amend or supplement the Supplemental Indenture or the Notes (i) curing ambiguities, omissions, mistakes, defects or inconsistencies; adding guarantees with respect to cure the Notes; securing the Notes; adding to the covenants of the Company for the benefit of some or all of the Holders or surrendering any ambiguityright or power conferred upon the Company; adding additional Events of Default; making any change that does not adversely affect in any material respect the rights of any Holder under the Indenture; changing or eliminating any provisions of the Indenture so long as there are no Holders entitled to the benefit of the provisions; complying with any requirement of the SEC in connection with the qualification of the Indenture under the Trust Indenture Act of 1939, mistake, defect as amended; conforming the provisions of the Indenture and the Notes to the “Description of Notes” section in the Offering Memorandum; supplementing any of the provisions of the Indenture to such extent as shall be necessary to permit or inconsistency, (ii) to provide facilitate the defeasance and discharge of the Notes so long as any such action shall not adversely affect the interests of any Holder of the Notes; permitting the authentication and delivery of Additional Notes; providing for uncertificated Notes in addition to or in place of certificated Notes, (iii) Notes subject to provide for or confirm applicable laws; evidencing the issuance acceptance of Additional Notes, (iv) to provide for the assumption appointment by a successor trustee; complying with Article V of the Issuers' obligations Indenture; or evidencing the release of any Guarantor pursuant to Holders in the case of a merger or consolidation or sale of all or substantially all terms of the Issuers' assets, (v) to make any change that would provide any additional rights or benefits to the Holders or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Supplemental Indenture under the TIA or otherwise as necessary to comply with applicable law or (vii) to conform the Supplemental Indenture or the Notes to the “Description of Notes” section of the ProspectusIndenture.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture or the Notes may be amended or supplemented with With the consent of the Holders holders of at least not less than a majority in aggregate principal amount at Stated Maturity of the then outstanding Senior Notes (including, without limitation, including consents obtained in connection with a purchase of, or tender offer or exchange offer for, for the Senior Notes). Any existing Default , the Company, the Guarantors and the Trustee may enter into one or compliance with more indentures supplemental to the Indenture for the purpose of adding any provision provisions to or changing in any manner or eliminating any of the Supplemental provisions of the Indenture or of modifying in any manner the Notes rights of the holders; provided that no such supplemental indenture will, without the consent of the Holder of each outstanding Senior Note affected thereby, (other than a) change the Stated Maturity of the principal of, or any provision relating to installment of interest on, any Senior Note, or reduce the principal amount thereof (or premium, if any), or the interest thereon that would be due and payable upon Maturity thereof, or change the place of payment where, or the coin or currency in which, any Senior Note or any premium or interest thereon is payable, or impair the right of any Holder to bring institute suit for the enforcement of any such payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed hereinStated Maturity thereof, (b) may be waivedreduce the percentage in principal amount at Stated Maturity of the outstanding Senior Notes, including by way of amendment, with the consent of the whose Holders is required for any such supplemental indenture or required for any waiver of a majority in aggregate principal amount compliance with certain provisions of the then outstanding Indenture, (c) modify the Obligations of the Company to make offers to purchase Senior Notes upon a Change of Control or from the proceeds of Asset Sales, (including, without limitation, consents obtained d) subordinate in connection with a purchase ofright of payment, or tender offer or exchange offer for, Notes). Without the consent of any Holder of a Noteotherwise subordinate, the Issuers and the Trustee may amend or supplement the Supplemental Indenture Senior Notes or the Notes (i) Guarantees to cure any ambiguity, mistake, defect or inconsistencyother Indebtedness, (iie) to provide for uncertificated Notes in addition to amend, supplement or in place of certificated Notes, (iii) to provide for or confirm otherwise modify the issuance of Additional Notes, (iv) to provide for the assumption provisions of the Issuers' obligations Indenture relating to Holders in the case of a merger Guarantees or consolidation or sale of all or substantially all (f) modify any of the Issuers' assets, provisions of this clause (v) except to make increase any change that would provide any additional rights or benefits to the Holders or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Supplemental Indenture under the TIA or otherwise as necessary to comply with applicable law or (vii) to conform the Supplemental Indenture or the Notes to the “Description of Notes” section of the Prospectuspercentage set forth herein).

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount Principal Amount of the then outstanding Notes voting as a single class (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, the Notes). Any , and, subject to Sections 6.4, 6.6 and 6.7 of the Indenture, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium, if any, on and interest on the Notes, except a payment default resulting from an acceleration that has been rescinded). Subject to Sections 6.4, 6.6 and 6.7 of the Indenture, compliance with any provision of the Supplemental Indenture or the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) may be waived, including by way of amendment, waived with the consent of the Holders of a majority in aggregate principal amount Principal Amount of the then outstanding Notes (including, without limitation, consents obtained in connection with voting as a purchase of, or tender offer or exchange offer for, Notes)single class. Without the consent of any Holder of a Note, the Issuers and the Trustee may amend or supplement the Supplemental Indenture or the Notes (i) may be amended or supplemented to cure any ambiguity, mistake, defect or inconsistency, (ii) ; to provide for uncertificated Notes in addition to or in place of certificated Notes, Definitive Notes or to alter the provisions of Article II of the Indenture (iiiincluding the related definitions) to provide for or confirm the issuance of Additional Notes, (iv) in a manner that does not adversely affect any Holder; to provide for the assumption of the Issuers' Company’s obligations to the Holders in the case of a merger or consolidation or sale of all or substantially all of the Issuers' assetsNotes by a successor to the Company pursuant to Article V of the Indenture; to confirm the text of the Indenture, (v) any supplemental indenture, if applicable, or the Notes to any provision set forth under the heading “Description of the Notes” in a prospectus supplement applicable to the Notes; to supplement any of the provisions of the Indenture to such extent as shall be necessary to permit or facilitate the defeasance and discharge of any Note pursuant to Article VIII, provided that any such action shall not adversely affect the interests of any Holder in any material respect; to make any change that would provide any additional rights or benefits to the Holders or of the Notes; to make any change that is not inconsistent with the Indenture and does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) Holder of Notes; or to comply with the requirements of the SEC in order to effect or maintain the qualification of the Supplemental Indenture under the TIA or otherwise as necessary to comply with applicable law or (vii) to conform the Supplemental Indenture or the Notes to the “Description of Notes” section of the ProspectusTIA.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Company and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). Any existing Default or compliance with any provision of the Supplemental Indenture or the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) may be waived, including by way of amendment, with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes Notes, including Additional Notes, if any, voting as a single class (including, without limitation, including consents obtained in connection with a purchase of, of or tender offer or exchange offer forfor the Notes), and, subject to Sections 6.04 and 6.07 of the Indenture, any existing Default or Event of Default (except a continuing Default or Event of Default in the payment of principal, premium, if any, interest or Additional Interest, if any, on the Notes) or compliance with any provision of the Indenture or the Notes (except for certain covenants and provisions of the Indenture which cannot be amended without the consent of each Holder) may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes, including Additional Notes, if any, then outstanding voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes). Without the consent of any Holder of a NoteHolder, the Issuers Company and the Trustee may amend or supplement the Supplemental Indenture or the Notes (i) to cure any ambiguity, mistake, defect or inconsistency, (ii) ; to provide for uncertificated Notes notes in addition to or in place of certificated Notes, (iii) to provide for or confirm the issuance of Additional Notes, (iv) notes; to provide for the assumption of the Issuers' Company’s obligations to Holders holders of notes in the case of a merger or consolidation or sale of all or substantially all of the Issuers' Company’s assets, (v) ; to make any change that would provide any additional rights or benefits to the Holders holders of notes or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) ; to provide for or confirm the issuance of additional notes otherwise permitted to be incurred by the Indenture; or to comply with the requirements of the SEC Commission in order to effect or maintain the qualification of the Supplemental Indenture under the TIA or otherwise as necessary to comply with applicable law or (vii) to conform the Supplemental Indenture or the Notes to the “Description of Notes” section of the ProspectusTIA.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Company and the Trustee may amend or supplement the Indenture or and the Notes may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the Notes then outstanding (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium, if any, or interest on the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of the Indenture or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). Any existing Default or compliance with any provision of the Supplemental Indenture or the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) may be waived, including by way of amendment, with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, the Notes). Without the consent of any Holder of a NoteNotes, the Issuers and the Trustee may amend or supplement the Supplemental Indenture or the Notes (i) may be amended or supplemented to cure any ambiguity, mistake, defect or inconsistency, (ii) to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm the issuance of Additional Notes, (iv) to provide for the assumption of the Issuers' Company's or any Subsidiary Guarantor's obligations to Holders of the Notes in the case of a merger or consolidation or sale of all or substantially all of the Issuers' assetsconsolidation, (v) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Supplemental Indenture under the TIA Trust Indenture Act or otherwise as necessary to comply with applicable law or (vii) reflect the release of any Subsidiary Guarantor from its Subsidiary Guarantee pursuant to conform Section 11.05 of the Supplemental Indenture or the Notes to add any Subsidiary as a Subsidiary Guarantor pursuant to the “Description of Notes” section of the ProspectusIndenture.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture Indenture, the Notes or the Notes Note Guarantees may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (includingincluding Additional Notes, without limitationif any, consents obtained in connection with voting as a purchase ofsingle class, and any existing Default or tender offer or exchange offer for, Notes). Any existing Event of Default or compliance with any provision of the Supplemental Indenture or the Notes (other than any provision relating to or the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) Note Guarantees may be waived, including by way of amendment, waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (includingincluding Additional Notes, without limitationif any, consents obtained in connection with voting as a purchase of, or tender offer or exchange offer for, Notes)single class. Without the consent of any Holder of a NoteNotes, the Issuers and Indenture, the Trustee may amend or supplement the Supplemental Indenture Notes or the Notes Note Guarantees may be amended or supplemented (i) to cure any ambiguity, mistake, defect or inconsistency, (ii) to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for the assumption of Solera’s, the Issuer’s or confirm a Guarantor’s obligations to Holders of the issuance of Additional NotesNotes and Note Guarantees by a successor to Solera, the Issuer or such Guarantor pursuant to the Indenture, (iv) to provide for the assumption of the Issuers' obligations to Holders in the case of a merger or consolidation or sale of all or substantially all of the Issuers' assets, (v) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (viv) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Supplemental Indenture under the TIA or otherwise as necessary to comply with applicable law or TIA, (viivi) to conform the Supplemental Indenture text of the Indenture, the Notes or the Notes Note Guarantees to any provision of the “Description of the Notes” section of the ProspectusIssuer’s Offering Circular, (vii) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (viii) to allow any Guarantor to execute a supplemental indenture to the Indenture and/or a Note Guarantee with respect to the Notes, (ix) to secure the Notes, or (x) to release a Subsidiary Guarantor of the Notes upon its sale or other permitted release; provided that such sale or release is in accordance with the applicable provisions of the Indenture.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Company and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). Any existing Default or compliance with any provision of the Supplemental Indenture or the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) may be waived, including by way of amendment, with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes Notes, including Additional Notes, if any, voting as a single class (including, without limitation, including consents obtained in connection with a purchase of, of or tender offer or exchange offer forfor the Notes), and, subject to Sections 6.04 and 6.07 of the Indenture, any existing Default or Event of Default (except a continuing Default or Event of Default in the payment of principal, premium, if any, interest on the Notes) or compliance with any provision of the Indenture or the Notes (except for certain covenants and provisions of the Indenture which cannot be amended without the consent of each affected Holder (whether in the aggregate holding a majority principal amount of Notes or not) may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes, including Additional Notes, if any, then outstanding voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes). Without the consent of any Holder of a NoteHolder, the Issuers Company and the Trustee may amend or supplement the Supplemental Indenture or the Notes (i) to cure any ambiguity, mistakeomission, defect or inconsistency, (ii) to provide for the assumption by a Surviving Person of the obligations of the Company under the Indenture, to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for add additional Subsidiary Guarantees with respect to the Notes or confirm release Subsidiary Guarantors from Subsidiary Guarantees pursuant to the issuance of Additional NotesIndenture, (iv) to provide for the assumption of the Issuers' obligations to Holders in the case of a merger or consolidation or sale of all or substantially all of the Issuers' assets, (v) to make any change that would provide any additional rights or benefits to the Holders of Notes or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) to make any change to comply with the requirements any requirement of the SEC Commission in order to effect or maintain the qualification of the Supplemental Indenture under the TIA or otherwise as necessary other applicable trust indenture legislation, to comply with applicable law provide for the issuance of Additional Notes or (vii) to conform the Supplemental text of the Indenture or the Notes this Note to any provision of the “Description of Notes” section of the ProspectusOffering Memorandum to the extent that such provision is intended to be a substantially verbatim recitation of a provision in the Indenture or this Note.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (includingand Additional Notes, without limitationif any, consents obtained in connection with voting as a purchase ofsingle class, or tender offer or exchange offer for, Notes). Any and any existing Default default or compliance with any provision of the Supplemental Indenture Indenture, the Subsidiary Guarantees or the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) may be waived, including by way of amendment, waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (includingand Additional Notes, without limitationif any, consents obtained in connection with voting as a purchase of, or tender offer or exchange offer for, Notes)single class. Without the consent of any Holder of a Note, the Issuers and Indenture, the Trustee may amend or supplement the Supplemental Indenture Subsidiary Guarantees or the Notes (i) may be amended or supplemented to cure any ambiguity, mistake, defect or inconsistencyinconsistency or to make a modification of a formal, (ii) minor or technical nature or to correct a manifest error, to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm comply with the issuance covenant relating to mergers, consolidations and sales of Additional Notesassets, (iv) to provide for the assumption of the Issuers' Company’s or Guarantor’s obligations to Holders of the Notes in the case of a merger or consolidation or sale of all or substantially all of the Issuers' Company’s assets, (v) to add Guarantees with respect to the Notes or to secure the Notes, to add to the covenants of the Company or any Guarantor for the benefit of the Holders of the Notes or surrender any right or power conferred upon the Company or any Guarantor, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Supplemental Indenture under the TIA or otherwise as necessary Trust Indenture Act, to comply with applicable law or (vii) to conform evidence and provide for the Supplemental acceptance and appointment under the Indenture or the Notes of a successor trustee pursuant to the “Description requirements thereof, or to provide for the issuance of Notes” section of the Prospectusexchange or private exchange notes.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture Indenture, the Guarantee or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, including consents obtained in connection with a purchase of, or tender offer or exchange offer for, or purchase of, the Notes). Any , and any existing Default default or compliance with any provision of the Supplemental Indenture Indenture, the Guarantee or the Notes may be waived (other than any provision relating to a Default or Event of Default in the right of any Holder to bring suit for the enforcement of any payment of principalthe principal of, premium, if any, any premium or interest on the NoteNotes, on or after the scheduled due dates expressed hereinexcept a payment default resulting from an acceleration that has been rescinded) may be waived, including by way of amendment, with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, including consents obtained in connection with a purchase of, or tender offer or exchange offer for, or purchase of, the Notes). Without the consent of any Holder of a Note, the Issuers and Indenture, the Trustee may amend or supplement the Supplemental Indenture Guarantee or the Notes (i) may be amended or supplemented to cure any ambiguity, mistake, defect or inconsistency, (ii) to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm the issuance of Additional Notes, (iv) to provide for evidence the assumption by a Successor Person of the Issuers' covenants and obligations to Holders in the case of a merger or consolidation or sale of all or substantially all of the Issuers' assetsIssuer or the Guarantor under the Indenture, (v) the Notes then outstanding and the Guarantee, to make any change that that, in the good faith judgment of the Board of Directors of the Issuer, would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) to add guarantees or security with respect to the Notes, to evidence and provide for the acceptance of the appointment of a successor Trustee, to comply with the requirements rules of the SEC in order to effect any applicable securities depository, or maintain the qualification of the Supplemental Indenture under the TIA or otherwise as necessary to comply with applicable law or (vii) to conform the Supplemental Indenture text of the Indenture, the Notes or the Notes to the “Description of Notes” section Guarantee as provided in Section 9.01(h) of the ProspectusIndenture.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture Issuer and the Trustee may amend or supplement the Indenture, the Notes may be amended or supplemented and any supplemental Indenture with the consent of the Holders of at least a majority in aggregate principal amount of the Notes then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, the Notes). Any ) and, subject to Section 6.04 and Section 6.07 of the Indenture, any existing Default or Event of Default (other than a continuing Default or Event of Default in the payment of the principal of, interest and premium and Additional Amounts, if any, on the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of the Supplemental Indenture or Indenture, the Notes (other than and any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) supplemental indenture may be waived, including by way of amendment, waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, the Notes). Without the consent of any Holder of a NoteHolder, the Issuers Issuer and the Trustee may modify, amend or supplement the Supplemental Indenture or Indenture, the Notes (i) or any supplemental indenture to cure any ambiguity, mistake, defect or inconsistency, (ii) ; to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm the issuance of Additional Notes, (iv) ; to provide for the assumption of the Issuers' Issuer’s obligations to Holders of Notes by a successor to the Issuer in the case of a merger or consolidation or sale of all or substantially all of the Issuers' Issuer’s assets, (v) ; to make any change that would provide any additional rights or benefits to the Holders of Notes or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) to comply with the requirements of the SEC Holder in order to effect or maintain the qualification of the Supplemental Indenture under the TIA or otherwise as necessary to comply with applicable law or (vii) any material respect; to conform the Supplemental text of the Indenture or the Notes to any provision of the “Description of Notes” section of the ProspectusOffering Memorandum to the extent that such provision in such Description of Notes was intended to be a verbatim recitation of a provision of the Indenture or the Notes, as evidenced by an Officer’s Certificate; to allow any Guarantor to execute a supplemental indenture and/or Guarantee with respect to the Notes; to provide for uncertificated Notes in addition to or in place of certificated Notes (provided that the uncertificated Notes are issued in registered form for purposes of Section 163(f) of the U.S. Code); to evidence and provide the acceptance of the appointment of a successor Trustee under the terms of the Indenture or to otherwise comply with any requirement of the Indenture; or to provide for the issuance of Additional Notes in accordance with and if permitted by the terms of and limitations set forth in the Indenture.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). Any existing Default or compliance with any provision of the Supplemental Indenture or the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) may be waived, including by way of amendment, with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). Without the consent of any Holder of a Note, the Issuers Issuer and the Trustee may amend or supplement the Supplemental Indenture or the Notes (i) to cure any ambiguity, mistake, defect or inconsistency, (ii) to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm the issuance of Additional Notes or the Exchange Notes, (iv) to provide for the assumption of the Issuers' Issuer’s obligations to Holders in the case of a merger or consolidation or sale of all or substantially all of the Issuers' Issuer’s assets, (v) to make any change that would provide any additional rights or benefits to the Holders or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Supplemental Indenture under the TIA or otherwise as necessary to comply with applicable law or (vii) to conform the Supplemental Indenture or the Notes to the “Description of Notes” section of the Prospectus.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture (including, without limitation, Section 3.10, Section 4.10 and Section 4.14 thereof), the Notes, the Guarantees, the Security Documents, the Intercreditor Agreement or the Notes any Additional Intercreditor Agreement may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, the Notes). Any , and, subject to Section 6.04 and Section 6.07 of the Indenture, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium on, if any, interest or Additional Amounts, if any, on, the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of the Supplemental Indenture Indenture, the Notes, the Guarantees, the Security Documents, the Intercreditor Agreement or the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) Additional Intercreditor Agreement may be waived, including by way of amendment, waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes); provided that if any amendment, waiver or other modification will only affect one series of the Notes, only the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes of such series shall be required. Without In certain circumstances, the Indenture, the Notes, the Guarantees, the Intercreditor Agreement or any Security Document may be amended or supplemented without the consent of any Holder of a NoteHolder, the Issuers and the Trustee may amend or supplement the Supplemental Indenture or the Notes (i) including to cure any ambiguity, mistake, defect or inconsistency, (ii) to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm the issuance of Additional Notes, (iv) to provide for the assumption of the Issuers' obligations to Holders in the case of a merger or consolidation or sale of all or substantially all of the Issuers' assets, (v) to make any change that would provide any additional rights or benefits to the Holders or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Supplemental Indenture under the TIA or otherwise as necessary to comply with applicable law or (vii) to conform the Supplemental Indenture or the Notes to the “Description of Notes” section of the Prospectus.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (includingand Additional Notes, without limitationif any, consents obtained in connection with voting as a purchase ofsingle class, or tender offer or exchange offer for, Notes). Any and any existing Default default or compliance with any provision of the Supplemental Indenture Indenture, the Subsidiary Guarantees or the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) may be waived, including by way of amendment, waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (includingand Additional Notes, without limitationif any, consents obtained in connection with voting as a purchase of, or tender offer or exchange offer for, Notes)single class. Without the consent of any Holder of a Note, the Issuers and Indenture, the Trustee may amend or supplement the Supplemental Indenture Subsidiary Guarantees or the Notes (i) may be amended or supplemented to cure any ambiguity, mistake, defect or inconsistencyinconsistency or to make a modification of a formal, (ii) minor or technical nature or to correct a manifest error, to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm comply with the issuance covenant relating to mergers, consolidations and sales of Additional Notesassets, (iv) to provide for the assumption of the Issuers' Company’s or Guarantor’s obligations to Holders of the Notes in the case of a merger or consolidation or sale of all or substantially all of the Issuers' Company’s assets, (v) to add Guarantees with respect to the Notes or to secure the Notes, to add to the covenants of the Company or any Guarantor for the benefit of the Holders of the Notes or surrender any right or power conferred upon the Company or any Guarantor, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Supplemental Indenture under the TIA or otherwise as necessary Trust Indenture Act, to comply with applicable law or (vii) to conform evidence and provide for the Supplemental acceptance and appointment under the Indenture or the Notes of a successor trustee pursuant to the “Description requirements thereof, to provide for the issuance of Notes” section exchange or private exchange notes or to provide for the issuance of Additional Notes in accordance with the Prospectuslimitations set forth in the Indenture.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Issuer and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). Any existing Default or compliance with any provision of the Supplemental Indenture or the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) may be waived, including by way of amendment, with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes Notes, including Additional Notes, if any, voting as a single class (including, without limitation, including consents obtained in connection with a purchase of, of or tender offer or exchange offer forfor the Notes), and, subject to Sections 6.04 and 6.07 of the Indenture, any existing Default or Event of Default (except a continuing Default or Event of Default in the payment of principal, premium, if any, interest or Special Interest, if any, on the Notes) or compliance with any provision of the Indenture or the Notes (except for certain covenants and provisions of the Indenture which cannot be amended without the consent of each Holder) may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes, including Additional Notes, if any, then outstanding voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes). Without the consent of any Holder of a NoteHolder, the Issuers Issuer and the Trustee may amend or supplement the Supplemental Indenture or the Notes (i) to cure any ambiguity, mistakeomission, defect or inconsistency, (ii) to provide for the assumption by a successor corporation, partnership or limited liability company of the obligations of the Issuer under the Indenture, to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for add additional Guarantees or confirm additional obligors with respect to the issuance of Additional Notes, (iv) to provide secure the Notes, to add to the covenants of the Issuer for the assumption benefit of the Issuers' obligations to Holders in the case of a merger or consolidation or sale of all or substantially all of the Issuers' assetsNotes or to surrender any right or power conferred upon the Issuer, (v) to make any change that would provide any additional rights or benefits to the Holders of Notes or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) to make any change to comply with the requirements any requirement of the SEC Commission in order to effect or maintain the qualification of the Supplemental Indenture under the TIA or otherwise as necessary to comply with applicable law or (vii) to conform provide for the Supplemental Indenture or the Notes to the “Description issuance of Additional Notes” section of the Prospectus.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, the Notes). Any , and any existing Default default or compliance with any provision of the Supplemental Indenture or the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) may be waived, including by way of amendment, waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, the Notes). Without the consent of any Holder of a Note, the Issuers and the Trustee may amend or supplement the Supplemental Indenture or the Notes (i) may be amended or supplemented to cure any ambiguity, mistake, defect or inconsistency, (ii) ; to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) ; to provide evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company; to add to the covenants of the Company for the benefit of the Holders or confirm to surrender any right or power herein conferred upon the issuance Company; to add additional Events of Additional Notes, (iv) Default; to evidence and provide for the assumption acceptance of the Issuers' obligations to Holders in the case of a merger or consolidation or sale of all or substantially all of the Issuers' assets, (v) to make any change that would provide any additional rights or benefits to the Holders or that does not adversely affect the legal rights appointment under the Supplemental Indenture of any such Holder, (vi) by a successor Trustee; to secure the Notes; to comply with the requirements of the SEC in order to effect or maintain the qualification of the Supplemental Indenture under the TIA Trust Indenture Act; to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture as of its date; or otherwise as necessary to comply allow any Guarantor to execute a supplemental Indenture and a Guarantee with applicable law or (vii) to conform the Supplemental Indenture or the Notes respect to the “Description of Notes” section of the Prospectus.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (includingNotes, without limitationincluding Additional Notes, consents obtained in connection with if any, voting as a purchase ofsingle class, and any existing Default or tender offer or exchange offer for, Notes). Any existing Event of Default or compliance with any provision of the Supplemental Indenture or the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) may be waived, including by way of amendment, waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (includingincluding Additional Notes, without limitationif any, consents obtained in connection with voting as a purchase of, or tender offer or exchange offer for, Notes)single class. Without the consent of any Holder of a NoteNotes, the Issuers and Indenture, the Trustee may amend or supplement the Supplemental Indenture Notes or the Notes Guarantees (iif in existence) may be amended or supplemented: to cure any ambiguity, mistake, defect or inconsistency, (ii) ; to comply with Article 6 of the Indenture; to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) ; to provide for surrender any of the Issuer’s rights or confirm powers under the issuance Indenture; to add covenants or events of Additional Notes, (iv) to provide default for the assumption benefit of the Issuers' obligations Holders of Notes; to Holders in comply with the case of a merger or consolidation or sale of all or substantially all applicable procedures of the Issuers' assets, (v) to applicable Depositary; make any change that would provide any additional rights or benefits to the Holders or that does not adversely affect the legal rights under the Supplemental Indenture of any such HolderHolder as determined in good faith by the Issuer, (vi) as evidenced in an Officers’ Certificate delivered to the Trustee; to evidence and provide for the acceptance of appointment hereunder by a successor Trustee with respect to the Notes and to add to or change any of the provisions of the Indenture to provide for or facilitate the administration of the trusts hereunder by more than one Trustee; to conform the text of the Indenture or the Notes to any provision of the “Description of Notes” section of the Issuer’s Prospectus Supplement dated February 18, 2015, relating to the offering of the Initial Notes; to comply with the requirements of the SEC in order to effect or maintain the qualification of the Supplemental Indenture under the TIA TIA; to evidence the succession of another person to the Issuer, or otherwise successive successions, and the assumption by the successor person of the covenants, agreements and obligations of such Issuer the pursuant to Article 6; and to add any Guarantor or to evidence the release of any Guarantor from its Guarantee, in each case as necessary provided in the Indenture; or to comply with applicable law the rules or (vii) to conform the Supplemental Indenture regulations of any securities exchange or automated quotation system on which any of the Notes to the “Description of Notes” section of the Prospectusmay be listed or traded.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture Company, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture, the Subsidiary Guarantees, the Mirror Notes, the Mirror Note Guarantees, the Mirror Note Pledge Agreements and the Notes may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the Notes then outstanding Notes voting as a single class (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, the Notes). Any ) and subject to certain provisions of Article 6 of the Indenture, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium, if any, and interest on the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of the Supplemental Indenture Indenture, the Subsidiary Guarantees the Mirror Notes, the Mirror Note Guarantees, the Mirror Note Pledge Agreements or the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) may be waived, including by way of amendment, waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes voting as a single class (including, without limitation, including consents obtained in connection with a purchase of, or tender offer or exchange offer for, the Notes). Without the consent of any Holder of a NoteHolder, the Issuers Company, the Subsidiary Guarantors and the Trustee may amend or supplement the Supplemental Indenture Indenture, the Subsidiary Guarantees, the Mirror Notes, the Mirror Note Guarantees, the Mirror Note Pledge Agreements or the Notes (i) to cure any ambiguity, mistake, defect or inconsistency, (ii) to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm the issuance of Additional Notes, (iv) to provide for the assumption of the Issuers' Company's, a Mirror Note Issuer's or a Guarantor's obligations pursuant to Holders in the Indenture, a Subsidiary Guarantee, a Mirror Note or a Mirror Note Guarantee as the case of may be, by a merger successor to the Company, such Mirror Note Issuer or consolidation or sale of all or substantially all such Guarantor pursuant to Article V of the Issuers' assetsIndenture or to comply with Section 4.20 of the Indenture, to release any Guarantor from its obligations under its Subsidiary Guarantee or Mirror Note Guarantee (v) to the extent permitted by the Indenture), to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) or to comply with the requirements of the SEC in order to effect or maintain the qualification of the Supplemental Indenture under the TIA or otherwise as necessary to comply with applicable law or (vii) to conform the Supplemental Indenture or the Notes to the “Description of Notes” section of the ProspectusTIA.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture or the Subordinated Notes may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the Subordinated Notes then outstanding Notes (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Subordinated Notes). Any , and subject to Sections 6.04 and 6.07 of the Indenture any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premiums on, if any, interest on or Liquidated Damages on, if any, the Subordinated Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of the Supplemental Indenture or the Subordinated Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) may be waived, including by way of amendment, waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Subordinated Notes (including, without limitation, consents obtained in connection with voting as a purchase of, or tender offer or exchange offer for, Notes)single class. Without the consent of any Holder of a NoteSubordinated Notes, the Issuers Indenture or the Subordinated Notes may be amended or supplemented by the Company and the Trustee may amend or supplement the Supplemental Indenture or the Notes (i) to cure any ambiguity, mistake, defect or inconsistency, (ii) to provide for uncertificated Subordinated Notes in addition to or in place of certificated Subordinated Notes, (iii) to provide for or confirm the issuance of Additional Notes, (iv) to provide for the assumption of the Issuers' Company's obligations to Holders of the Subordinated Notes in the case of a merger or consolidation or sale of all or substantially all of the Issuers' Company's assets, (v) to make any change that would provide any additional rights or benefits to the Holders of the Subordinated Notes or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) Holder or to comply with the requirements of the SEC Commission in order to effect or maintain the qualification of the Supplemental Indenture under the TIA or otherwise as necessary to comply with applicable law or (vii) to conform the Supplemental Trust Indenture or the Notes to the “Description of Notes” section of the ProspectusAct.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture Indenture, the Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then then-outstanding Notes (includingNotes, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). Any and any existing Default default or compliance with any provision of the Supplemental Indenture Indenture, the Guarantees or the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) may be waived, including by way of amendment, waived with the consent of the Holders of a majority in aggregate principal amount of the then then-outstanding Notes (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). Without the consent of any Holder of a Note, the Issuers and Indenture, the Trustee may amend or supplement the Supplemental Indenture Guarantees or the Notes (i) may be amended or supplemented to cure any ambiguity, mistake, defect or inconsistency, (ii) to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm the issuance of Additional Notes, (iv) to provide for the assumption of the Issuers' an Issuer’s or a Subsidiary Guarantor’s obligations to Holders of the Notes in the case of a merger or consolidation or sale of all or substantially all of the Issuers' such Issuer’s assets, (v) to add or release Subsidiary Guarantors pursuant to the terms of the Indenture, to make any change that would provide any additional rights or benefits to the Holders of the Notes or surrender any right or power conferred upon the Issuers or the Subsidiary Guarantors by the Indenture that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) to provide for the issuance of additional Notes in accordance with the limitations set forth in the Indenture, to comply with the requirements of the SEC in order to effect or maintain the qualification of the Supplemental Indenture under the TIA Trust Indenture Act, to evidence or otherwise as necessary provide for the acceptance of appointment under the Indenture of a successor Trustee, to comply with applicable law add additional Events of Default or (vii) to conform the Supplemental Indenture or secure the Notes to and/or the “Description of Notes” section of the ProspectusGuarantees.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture Indenture, the Notes or the Notes Guarantees may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including Additional Notes, if any, issued under the Supplemental Indenture) voting as a single class (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer forfor purchase of, the Notes). Any , and any existing Default or Event or Default, other than a Default or Event of Default in the payment of the principal of, premium, if any, or interest on the Notes (except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of the Supplemental Indenture or Indenture, the Notes (other than any provision relating to and the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) Guarantees may be waived, including by way of amendment, waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including Additional Notes, if any, issued under the Supplemental Indenture) voting as a single class (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer forfor purchase of, the Notes). Without the consent of any Holder of a NoteNotes, the Issuers and Indenture, the Trustee may amend or supplement the Supplemental Indenture Notes or the Notes (i) Guarantees may be amended or supplemented to cure any ambiguity, mistake, defect or inconsistency, (ii) to ; provide for the assumption by a Surviving Person of the obligations of the Company under the Indenture; provide for uncertificated Notes in addition to or in place of certificated Notes (provided that the uncertificated Notes are issued in registered form for purposes of Section 163(f) of the Code, or in a manner such that the uncertificated Notes are described in Section 163(f)(2)(B) of the Code); add Guarantees with respect to the Notes or confirm and evidence the release, termination or discharge of any security or Guarantee when such release, termination or discharge is permitted by the Indenture; secure the Notes, (iii) add to provide for or confirm the issuance covenants of Additional Notes, (iv) to provide the Company for the assumption benefit of the Issuers' obligations to Holders in the case of a merger or consolidation or sale of all or substantially all holders of the Issuers' assets, (v) to Notes or surrender any right or power conferred upon the Company; make any change that would provide any additional rights or benefits to the Holders or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) to holder of the Notes; comply with the requirements any requirement of the SEC Commission in order to effect or maintain connection with the qualification of the Supplemental Indenture under the TIA or otherwise as necessary to comply TIA; provide for the issuance of Additional Notes in accordance with applicable law or (vii) to the Supplemental Indenture; evidence and provide for the acceptance of appointment by a successor Trustee; conform the Supplemental text of the Indenture or the Notes to any provision of the “Description of Notes” section of the ProspectusProspectus to the extent that such provision in the “Description of Notes” of the Prospectus was intended to be a recitation of a provision of the Indenture or the Notes; or make any amendment to the provisions of the Indenture relating to the transfer and legending of the Notes as permitted by the Indenture, including, without limitation to facilitate the issuance and administration of the Notes; provided that (i) compliance with the Indenture as so amended would not result in the Notes being transferred in violation of the Securities Act or any applicable securities law and (ii) such amendment does not materially and adversely affect the rights of Holders to transfer the Notes.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture Indenture, the Notes, any of the Security Documents or the Notes Guarantees may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the Notes then outstanding Notes (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). Any , and, subject to certain exceptions, any existing Default or Event of Default or compliance with any provision of the Supplemental Indenture Indenture, the Notes, any of the Security Documents or the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) Guarantees may be waived, including by way of amendment, waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes), provided, however, that if any amendment, waiver or other modification will only affect the Notes, only the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (and not the consent of at least a majority in aggregate principal amount of all Notes), shall be required. Without the consent of each Holder of the then outstanding principal amount of Notes, an amendment, supplement or waiver may not: (A) reduce the principal amount of Notes whose Holders must consent to an amendment, supplement or waiver; (B) reduce the principal of or change the Stated Maturity of any Note or reduce the premium payable upon the redemption or repurchase of any Note or change the time at which any Note may be redeemed or repurchased; (C) reduce the rate of or change the time for payment of interest, including default interest, on any note; (D) make any Note payable in money other than that stated in the Notes; (E) make any change in the provisions of the Indenture relating to waivers of past Defaults which require the consent of each Holder of the then outstanding principal amount of Notes outstanding; (F) impair the right of any Holder of Notes to receive payments of principal of, or interest or premium on, the Notes on or after the due date therefor or to institute suit for the enforcement of any payment on or with respect to such Holder’s Notes; (G) change the ranking of the Notes, the Guarantees or the Security granted under the Security Documents; (H) release any Lien on the Collateral except as permitted by the Indenture and the Security Documents; (I) modify or release any of the Guarantees in any manner materially adverse to the Holders of the Notes other than in accordance with the terms of the Indenture; or (J) make any change in the preceding amendment and waiver provisions. Without the consent of any Holder of a NoteNotes, the Issuers and Issuer, the Guarantors, the Trustee and/or the Security Agent may amend or supplement the Supplemental Indenture Indenture, the Notes, the Guarantees or the Notes (i) Security Documents to cure any ambiguity, mistake, omission, defect or inconsistency, (ii) to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm the issuance of Additional Notes, (iv) to provide for the assumption by a successor Person of the Issuers' Issuer’s or a Guarantor’s obligations to Holders in of Notes and Guarantees pursuant to the case of a merger or consolidation or sale of all or substantially all of the Issuers' assetsIndenture, (v) to make any change that would provide any additional rights or benefits to the Holders of Notes or that does not adversely affect the legal rights under the Supplemental Indenture Indenture, the Notes, the Guarantees or the Security Documents of any such HolderHolder in any respect, (vi) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Supplemental Indenture under the TIA or otherwise as necessary to comply with applicable law or (vii) to conform the Supplemental Indenture text of the Indenture, the Guarantees, the Security Documents, the Intercompany Loans or the Notes to any provision of the “Description of New Secured Notes” section in the Offering Memorandum, Consent Solicitation Statement and Disclosure Statement Soliciting Acceptances of a Prepackaged Plan of Reorganization (as amended and supplemented) dated March 8, 2013 relating to the offering of the ProspectusNotes, to the extent that such provision in such “Description of New Secured Notes” was intended to be a verbatim or substantially verbatim recitation of a provision of the Indenture, the Guarantees, the Security Documents or the Notes, to provide for the issuance of PIK Notes in accordance with the limitations set forth in the Indenture and to make such changes as may be required to the Security Documents (and any intercreditor agreement) to accommodate and implement such issuance of PIK Notes, to allow any Subsidiary to execute a supplemental indenture and/or a Guarantee with respect to the Notes or to further secure the Notes, to enter into, amend or supplement any intercreditor agreement with the holder, and/or any agent in respect thereof, of any other Indebtedness permitted to be incurred under the Indenture; provided that no such intercreditor agreement shall provide that the Notes or any Guarantee are subordinated to any such Indebtedness or subject to any payment blockage or enforcement standstill or that any Lien securing the Notes or the Guarantees ranks behind any Lien securing such Indebtedness, to evidence and provide for the acceptance and appointment under the Indenture or Security Documents of a successor Trustee or Security Agent pursuant to the requirement thereof, or to the extent necessary to provide for the granting of a security interest for the benefit of any Person (including any release and re-grant of a Lien) and as otherwise contemplated by the Indenture provided that, in each case, such amendment, supplement, modification, extension, renewal, restatement or replacement does not violate such covenant.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture or the Notes or the Note Guarantees may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (includingincluding Additional Notes, without limitationif any, consents obtained in connection with voting as a purchase ofsingle class, or tender offer or exchange offer for, Notes). Any and any existing Default or compliance with any provision of the Supplemental Indenture or the Notes (other than any provision relating to or the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) Note Guarantees may be waived, including by way of amendment, waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (includingincluding Additional Notes, without limitationif any, consents obtained in connection with voting as a purchase of, or tender offer or exchange offer for, Notes)single class. Without the consent of any Holder of a Note, the Issuers and the Trustee may amend or supplement the Supplemental Indenture or the Notes (i) or the Note Guarantees may be amended or supplemented to cure any ambiguity, mistake, defect or inconsistency, (ii) ; to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm the issuance of Additional Notes, (iv) ; to provide for the assumption of the Issuers' Company’s or a Guarantor’s obligations to Holders of the Notes and Note Guarantees in the case of a merger or consolidation or sale of all or substantially all of the Issuers' assets, (v) consolidation; to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) Holder in any material respect; to comply with the requirements of the SEC in order to effect or maintain the qualification of the Supplemental Indenture under the TIA or otherwise as necessary to comply with applicable law or (vii) TIA; to conform the Supplemental Indenture text of the Indenture, or the Notes to any provision of the “Description of Notes” section of the ProspectusCompany’s Offering Memorandum dated January 17, 2013, relating to the initial offering of the Notes, to the extent that such provision in that “Description of Notes” was intended to be a verbatim recitation of a provision of the Indenture, the Note Guarantees or the Notes; to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture as of the date of the Indenture; to allow any Guarantor to execute a supplemental indenture to the Indenture and/or a Note Guarantee with respect to the Notes; to secure the Notes or any Note Guarantee; or to add to the covenants of the Company for the benefit of the Holders of Notes or surrender any right or power conferred upon the Company.

AMENDMENT, SUPPLEMENT AND WAIVER. (a) Subject to certain exceptionsexceptions set forth in the Indenture, the Supplemental Indenture or and the Notes may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (includingNotes, without limitationvoting as a single class, consents obtained in connection with a purchase of, and any existing Default or tender offer or exchange offer for, Notes). Any existing Event of Default or compliance with any provision of the Supplemental Indenture or and the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) may be waived, including by way of amendment, waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes, voting as a single class. (b) Without the consent of Holders of at least 90% in aggregate principal amount of the then outstanding Notes, an amendment, supplement or waiver may not (i) reduce the principal amount of Notes whose Holders must consent to an amendment, supplement or waiver, (ii) reduce the principal of or change the fixed maturity of any Note or alter or waive any of the provisions with respect to the redemption of the Notes (other than Section 4.08 of the Indenture), (iii) reduce the rate of or change the time for payment of interest, including default interest, on any Note, (iv) waive a Default or Event of Default in the payment of principal of, or interest or premium, if any, on the Notes (except a rescission of acceleration of the Notes by the Holders of at least a majority in aggregate principal amount of the then outstanding Notes and a waiver of the payment default that resulted from such acceleration), (includingv) make any Note payable in money other than that stated herein, without limitation, consents obtained (vi) make any change in connection with a purchase Section 6.04 of the Indenture or the rights of Holders of Notes to receive payments of principal of, or tender offer interest or exchange offer forpremium, if any, on the Notes). , (vii) waive a redemption payment with respect to any Note (other than a payment required by Section 4.08 of the Indenture) or (viii) make any change in the preceding amendment and waiver provisions. (c) Without the consent of any Holder of a Note, the Issuers Issuer and the Trustee may amend or supplement the Supplemental Indenture or the Notes to (i) to cure any ambiguity, mistake, defect or inconsistency, (ii) to provide for uncertificated Notes in addition to or in place of certificated NotesDefinitive Notes (provided that the uncertificated Notes are issued in registered form for purposes of Section 163(f) of the U.S. Internal Revenue Code of 1986, as amended), (iii) to provide for or confirm the issuance of Additional Notes, (iv) to provide for the assumption of the Issuers' Issuer’s obligations to the Holders of the Notes by a successor to the Issuer in the case of a merger or consolidation or sale of all or substantially all of the Issuers' assetsIssuer’s assets pursuant to Article 5 of the Indenture, (viv) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Supplemental Indenture of any such HolderHolder under the Indenture, (viv) to comply with conform the requirements text of the SEC in order to effect or maintain the qualification of the Supplemental Indenture under the TIA or otherwise as necessary to comply with applicable law or (vii) to conform the Supplemental Indenture or the Notes to any provision of the “Description of the Notes” section in the Issuer’s Offering Memorandum, dated as of September 13, 2017, relating to the offering of the ProspectusInitial Notes, to the extent that such provision in the “Description of the Notes” was intended to be a verbatim recitation of a provision of the Indenture or the Notes, which intent may be evidenced by an Officer’s Certificate to that effect, (vi) provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture as of the date of the Indenture, (vii) evidence and provide for the acceptance of appointment by a successor Trustee, (viii) comply with the procedures of DTC, Euroclear or Clearstream, (ix) allow a Person to Guarantee the Issuer’s obligations under the Indenture and the Notes by executing a supplemental indenture with respect to the Notes (or to release any such Person from such a Guarantee as provided or permitted by the terms of the Indenture and such Guarantee) or (x) provide for the Notes to be secured (or to release such security as permitted by the Indenture and the applicable security documents).

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptionsthe following paragraphs, the Supplemental Indenture or and the Notes may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (includingNotes, without limitation, including consents obtained in connection with a purchase of, of or tender offer or exchange offer forfor Notes, Notes). Any and any existing Default or Event of Default or compliance with any provision of the Supplemental Indenture or the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) may be waived, including by way of amendment, waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (includingNotes, without limitation, including consents obtained in connection with a purchase of, or tender offer or exchange offer for, for the Notes). Without the consent of any Holder of a NoteHolders, the Issuers Issuer, the Guarantors, the Trustee and the Trustee Collateral Agent, at any time and from time to time, may amend enter into one or supplement more indentures supplemental to the Supplemental Indenture or for any of the Notes following purposes: (i1) to cure evidence the succession of another Person to the Issuer or any ambiguityof the Guarantors and the assumption by any such successor of the covenants of the Issuer or such Guarantor in the Indenture, mistakethe Guarantees, defect the Security Documents and in the Notes; (2) to add to the covenants of the Issuer for the benefit of the Holders, or inconsistency, to surrender any right or power herein conferred upon the Issuer; (ii3) to add additional Events of Default; (4) to provide for uncertificated Notes in addition to or in place of certificated the Certificated Notes, ; (iii5) to evidence and provide for the acceptance of appointment under the Indenture and the Security Documents by a successor Trustee or Collateral Agent; (6) to provide for or confirm the issuance of Additional Notes in accordance with the terms of the Indenture; (7) to add to the Collateral Securing the Notes, to add a Guarantor or to release a Guarantor and Collateral in accordance with the Indenture; (iv8) to cure any ambiguity, defect, omission, mistake or inconsistency; provided that any such change shall not adversely affect the Holders; (9) to make any other provisions with respect to matters or questions arising under the Indenture; provided that such actions pursuant to this clause shall not adversely affect the interests of the Holders in any material respect, as determined in good faith by the Board of Directors of the Issuer; (10) to conform the text of the Indenture, the Security Documents or the Notes to any provision of the “Description of Notes” in the Offering Memorandum; (11) to mortgage, pledge, hypothecate or grant any other Lien in favor of the Collateral Agent for the benefit of the Trustee on behalf of the Holders of the Notes, as additional security for the payment and performance of all or any portion of the Obligations under the Indenture, the Notes and the Security Documents, in any property or assets, including any which are required to be mortgaged, pledged or hypothecated, or in which a Lien is required to be granted to or for the benefit of the Trustee or the Collateral Agent pursuant to the Indenture, any of the Security Documents or otherwise; (12) to provide for the assumption release of Collateral from the Lien of the Issuers' obligations Indenture and the Security Documents or subordinate to Holders such Lien when permitted or required by the Security Documents or the Indenture; or (13) to enter into or amend the Intercreditor Agreement and/or the Security Documents (or supplement the Intercreditor Agreement and/or the Security Documents) under circumstances provided therein including (x) if the Issuer incurs First Lien Obligations and/or Permitted Additional Pari Passu Obligations and (y) in connection with the refinancing of the Revolving Credit Agreement and to secure any Permitted Additional Pari Passu Obligations under the Security Documents and to appropriately include any of the foregoing in the case Intercreditor Agreement and Security Documents. With the consent of (i) the Holders of not less than a merger majority in aggregate principal amount of the outstanding Notes, the Issuer, the Guarantors and the Trustee may enter into an indenture or consolidation indentures supplemental to the Indenture (together with the other consents required thereby) for the purpose of adding any provisions to or sale changing in any manner or eliminating any of the provisions of the Indenture or the Notes or of modifying in any manner the rights of the Holders under the Indenture, including the definitions therein, and (ii) the Holders of not less than a majority in aggregate principal amount of the outstanding Notes and the Permitted Additional Pari Passu Obligations, voting as one class, the Issuer, the Guarantors, the Trustee and the Collateral Agent may amend or otherwise modify in any manner the Security Documents or the obligations thereunder, including, without limitation, as to property that constitutes less than all or substantially all of the Issuers' assetsCollateral, release the Lien on such Collateral; provided, however, that no such supplemental indenture, modification or amendment shall, without the consent of the Holder of each outstanding Note affected thereby: (v1) change the Stated Maturity of any Note or of any installment of interest on any Note, or reduce the amount payable in respect of the principal thereof or the rate of interest thereon or any premium payable thereon, or reduce the amount that would be due and payable on acceleration of the maturity thereof, or change the place of payment where, or the coin or currency in which, any Note or any premium or interest thereon is payable, or impair the right to institute suit for the enforcement of any such payment on or after the Stated Maturity thereof, or change the date on which any Notes may be subject to redemption or reduce the Redemption Price therefor, (2) reduce the percentage in aggregate principal amount of the outstanding Notes, the consent of whose Holders is required for any such supplemental indenture or amendment, or the consent of whose Holders is required for any waiver (of compliance with certain provisions of the Indenture or certain defaults thereunder and their consequences) provided for in the Indenture, (3) modify the obligations of the Issuer to make Offers to Purchase upon a Change of Control or from the Excess Proceeds of Asset Sales or Excess Proceeds from an Event of Loss if such modification was done after the occurrence of such Change of Control, or after the obligation to make an Asset Sale Offer has arisen, as applicable; provided that prior to the occurrence of a Change Control, the Holders of a majority in aggregate principal amount of the Notes then outstanding may waive the requirement to make or complete an Offer to Purchase, (4) subordinate, in right of payment, the Notes to any change other Debt of the Issuer, (5) modify any of the provisions of this paragraph or provisions relating to waivers of past payment defaults or the rights of Holders of Notes to receive payments of principal or premium, if any, on the Notes, except to increase any such percentage required for such actions or to provide that would provide certain other provisions of the Indenture cannot be modified or waived without the consent of the Holder of each outstanding Note affected thereby, or (6) release any additional rights Guarantees required to be maintained under the Indenture (other than in accordance with the terms of the Indenture). In addition, any amendment to, or benefits waiver of, the provisions of the Indenture or any Security Document that has the effect of releasing all or substantially all of the Collateral from the Liens securing the Notes other than in accordance with the Indenture and the Security Documents or modifying the Intercreditor Agreement in any manner adverse in any material respect to the Holders or that does of the Notes will require the consent of the holders of at least 66 2/3% in aggregate principal amount of the Notes (including, for the avoidance of doubt, Additional Notes) then outstanding, voting as one class. The Holders of not adversely affect less than a majority in aggregate principal amount of the legal rights outstanding Notes may on behalf of the Holders of all the Notes waive any past default under the Supplemental Indenture of and its consequences, except a default: (1) in any such Holder, (vi) to comply with the requirements payment in respect of the SEC principal of (or premium, if any) or interest on any Notes (including any Note which is required to have been purchased pursuant to an Offer to Purchase which has been made by the Issuer), or (2) in order to effect respect of a covenant or maintain provision hereof which under the qualification Indenture cannot be modified or amended without the consent of the Supplemental Indenture under the TIA or otherwise as necessary to comply with applicable law or (vii) to conform the Supplemental Indenture or the Notes to the “Description Holder of Notes” section of the Prospectuseach outstanding Note affected.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Company and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). Any existing Default or compliance with any provision of the Supplemental Indenture or the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) may be waived, including by way of amendment, with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes Notes, including Additional Notes, if any, voting as a single class (including, without limitation, including consents obtained in connection with a purchase of, of or tender offer or exchange offer forfor the Notes), and, subject to Sections 6.04 and 6.07 of the Indenture, any existing Default or Event of Default (except a continuing Default or Event of Default in the payment of principal, premium, if any, interest or Additional Interest, if any, on the Notes) or compliance with any provision of the Indenture or the Notes (except for certain covenants and provisions of the Indenture which cannot be amended without the consent of each Holder) may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes, including Additional Notes, if any, then outstanding voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes). Without the consent of any Holder of a NoteHolder, the Issuers Company and the Trustee may amend or supplement the Supplemental Indenture or the Notes (i) to cure any ambiguity, mistake, defect or inconsistency, (ii) to provide for uncertificated Notes notes in addition to or in place of certificated Notesnotes, (iii) to provide for or confirm the issuance of Additional Notes, (iv) to provide for the assumption of the Issuers' Company’s or a Guarantor’s obligations to Holders of Notes in the case of a merger or consolidation or sale of all or substantially all of the Issuers' Company’s assets, (v) to provide for the issuance of Additional Notes in accordance with the provisions set forth in the Indenture on the date of the Indenture, to make any change that would provide any additional rights or benefits to the Holders of Notes or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) to comply with the requirements of the SEC Commission in order to effect or maintain the qualification of the Supplemental Indenture under the TIA Trust Indenture Act, to allow any Guarantor to guarantee the Notes, or otherwise as necessary to comply with applicable law or (vii) to conform any provision of the Supplemental Indenture or the Notes to the “Description of Notes” section of contained in the ProspectusOffering Memorandum.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). Any existing Default or compliance with any provision of the Supplemental Indenture or the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) may be waived, including by way of amendment, with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). Without the consent of any Holder of a Note, the Issuers and the Trustee may amend or supplement the Supplemental Indenture or the Notes (i) to cure any ambiguity, mistake, defect or inconsistency, (ii) to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm the issuance of Additional Notes, (iv) to provide for the assumption of the Issuers' obligations to Holders in the case of a merger or consolidation or sale of all or substantially all of the Issuers' assets, (v) to make any change that would provide any additional rights or benefits to the Holders or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Supplemental Indenture under the TIA or otherwise as necessary to comply with applicable law or (vii) to conform con- form the Supplemental Indenture or the Notes to the “Description of Notes” section of the ProspectusOffering Memorandum or (viii) to issue Exchange Notes and related Guarantees pursuant to the Registration Rights Agreement.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture Indenture, the Notes, the Note Guarantees, the Intercreditor Agreement or the Notes Collateral Documents may be amended or supplemented by the Issuer, the Guarantors, the Trustee and the Security Agent with the consent of the Holders of at least a majority in aggregate principal amount of the Notes then outstanding Notes (including, without limitation, consents obtained Additional Notes, if any) voting as a single class and, subject to Section 6.04 of the Indenture, any existing Default or Event of Default (other than a continuing Default or Event of Default in connection with a purchase the payment of the principal of, or tender offer or exchange offer forinterest and premium and Additional Amounts, if any, on the Notes). Any existing Default , except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of the Supplemental Indenture Indenture, the Notes, the Note Guarantees, the Intercreditor Agreement or the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) Collateral Documents may be waived, including by way of amendment, waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, consents obtained in connection with Additional Notes, if any) voting as a purchase of, or tender offer or exchange offer for, Notes)single class. Without the consent of any Holder of a NoteHolder, the Issuers Issuer, the Guarantors, the Trustee and the Trustee Security Agent may amend or supplement the Supplemental Indenture or Indenture, the Notes (i) Notes, the Note Guarantees, the Intercreditor Agreement and the Collateral Documents to cure any ambiguity, mistake, defect or inconsistency, (ii) ; to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm the issuance of Additional Notes, (iv) ; to provide for the assumption of the Issuers' Issuer’s or a Guarantor’s obligations to the Holders in the case of a merger or consolidation or sale of all or substantially all of the Issuers' assets, (v) Notes and Note Guarantees pursuant to a transaction governed by Section 5.01 of the Indenture; to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Supplemental Indenture Holder under the TIA or otherwise as necessary to comply with applicable law or (vii) Indenture in any material respect; to conform the Supplemental Indenture text of the Indenture, the Notes, the Note Guarantees, the Intercreditor Agreement or the Notes Collateral Documents to any provision of the “Description of Notes” section of the ProspectusOffering Memorandum, to the extent that such provision in that “Description of Notes” was intended to be a verbatim recitation of a provision of the Indenture, the Notes, the Note Guarantees, the Intercreditor Agreement or the Collateral Documents; to enter into additional or supplemental Collateral Documents; to release Collateral in accordance with the terms of the Indenture and the Collateral Documents or to release any Note Guarantee in accordance with the terms of the Indenture; to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture as of the date hereof; to allow any Guarantor to execute a supplemental indenture and/or a Note Guarantee with respect to the Notes; to provide for uncertified Notes in addition to or in place of certified Notes (provided that the uncertified Notes are issued in registered form for purposes of Section 163(f) of Title 26 of the U.S. Code (the “Code”), in a manner such that the uncertified Notes are described in Section 163(f)(2)(B) of the Code); to evidence and provide the acceptance of the appointment of a successor Trustee under the Indenture; or to add (1) Include in any Global Note. (2) Include in any Definitive Registered Note. additional parties to the Intercreditor Agreement or any Collateral Documents to the extent permitted under the Indenture and thereunder.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture Indenture, the Note Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (includingvoting as a single class, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). Any and any existing Default default or compliance with any provision of the Supplemental Indenture Indenture, the Note Guarantees or the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) may be waived, including by way of amendment, waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, consents obtained in connection with voting as a purchase of, or tender offer or exchange offer for, Notes)single class. Without the consent of any Holder of a Note, the Issuers and Indenture, the Trustee may amend or supplement the Supplemental Indenture Note Guarantees or the Notes may be amended or supplemented to (i) to cure any ambiguity, mistake, defect or inconsistency, ; (ii) to provide for uncertificated Notes in addition to or in place of certificated Notes, Notes or to alter the provisions of Article 2 of the Indenture (including the related definitions) in a manner that does not materially adversely affect any Holder; (iii) to provide for or confirm the issuance of Additional Notes, (iv) to provide for the assumption of the Issuers' Company's or a Guarantor's obligations to the Holders in the case of a merger or consolidation or sale of all or substantially all of the Issuers' assets, Notes by a successor to the Company pursuant to Article 5 or Article 10 of the Indenture; (viv) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Supplemental Indenture hereunder of any such Holder, Holder of the Note; (viv) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Supplemental Indenture under the TIA or otherwise as TIA; (vi) to make any change necessary to comply make the Indenture, the Notes or the Notes Guarantee, as applicable, consistent with applicable law the disclosure under the caption "Description of Notes" in the final prospectus supplement relating to the initial issuance of the Notes; or (vii) to conform permit any Guarantor to execute a supplemental indenture and/or a Note Guarantee with respect to the Supplemental Notes. Without the consent of each holder affected, an amendment or waiver may not (with respect to any Notes held by a nonconsenting holder): (i) reduce the principal amount of Notes whose Holders must consent to an amendment, supplement or waiver; (ii) reduce the principal of or change the fixed maturity of any Note or alter or waive any of the provisions with respect to the redemption of the Notes except as provided above with respect to Sections 3.09, 4.10 and 4.14 of the Indenture; (iii) reduce the rate of or change the time for payment of interest, including default interest, on any Note; (iv) waive a Default or Event of Default in the payment of principal of or premium, if any, or interest on the Notes (except a rescission of acceleration of the Notes by the Holders of at least a majority in aggregate principal amount of the then outstanding Notes and a waiver of the payment default that resulted from such acceleration); (v) make any Note payable in money other than that stated in the Notes; (vi) make any change in the provisions of the Indenture relating to waivers of past Defaults or the rights of Holders of Notes to receive payments of principal of or interest on the Notes; (vii) make any change in Section 6.04 or 6.07 of the Indenture or in the Notes to the “Description of Notes” section foregoing amendment and waiver provisions; (viii) waive a payment required by any of the Prospectuscovenants in Sections 3.09, 4.10, 4.14 of the Indenture; or (ix) release any Guarantor from any of its obligations under its Note Guarantee or the Indenture, except in accordance with the terms of the Indenture.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (includingand Additional Notes, without limitationif any, consents obtained in connection with voting as a purchase ofsingle class, or tender offer or exchange offer for, Notes). Any and any existing Default default or compliance with any provision of the Supplemental Indenture Indenture, the Subsidiary Guarantees or the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) may be waived, including by way of amendment, waived with the A1-4 consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (includingand Additional Notes, without limitationif any, consents obtained in connection with voting as a purchase of, or tender offer or exchange offer for, Notes)single class. Without the consent of any Holder of a Note, the Issuers and Indenture, the Trustee may amend or supplement the Supplemental Indenture Subsidiary Guarantees or the Notes (i) may be amended or supplemented to cure any ambiguity, mistake, defect or inconsistency, (ii) ; to provide for uncertificated Notes in addition to or in place of certificated Notes, Notes or to alter the provisions of Article 2 of the Indenture (iiiincluding the related definitions) to provide for or confirm the issuance of Additional Notes, (iv) in a manner that does not materially adversely affect any Holder; to provide for the assumption of the Issuers' Company's or a Guarantor's obligations to the Holders in the case of a merger or consolidation or sale of all or substantially all of the Issuers' assets, (v) Notes by a successor to the Company pursuant to Article 5 or Article 12 of the Indenture; to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Supplemental Indenture hereunder of any such Holder, (vi) Holder of the Note; to comply with the requirements of the SEC in order to effect or maintain the qualification of the Supplemental this Indenture under the TIA TIA; to provide for the issuance of Additional Notes in accordance with the limitations set forth in this Indenture as of the date hereof; to allow any Guarantor to execute a supplemental indenture and/or a Subsidiary Guarantee with respect to the Notes; to make, complete or otherwise as necessary to comply with applicable law confirm any grant of Collateral permitted or (vii) to conform the Supplemental required by this Indenture or the Notes any release of Collateral that becomes effective as set forth in this Indenture; to the “Description reflect any waiver or termination of Notes” section any right arising under Article 10 of the ProspectusIndenture that otherwise would be enforceable by any holder of a Parity Lien Obligation or Parity Lien, if such waiver or termination is set forth or provided in this Indenture or agreement governing or giving rise to such Parity Lien Obligation or Parity Lien, PROVIDED that no such waiver or amendment shall adversely affect the rights of Holders of the Notes; or as provided in clause (2) of Section 10.07.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture Indenture, the Note Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Series B Notes (includingvoting as a single class, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). Any and any existing Default default or compliance with any provision of the Supplemental Indenture Indenture, the Notes or the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) Note Guarantees may be waived, including by way of amendment, waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Series B Notes (including, without limitation, consents obtained in connection with voting as a purchase of, or tender offer or exchange offer for, Notes)single class. Without the consent of any Holder of a Note, the Issuers and Indenture, the Trustee may amend or supplement the Supplemental Indenture Notes or the Notes (i) Note Guarantees may be amended or supplemented to cure any ambiguity, mistake, defect or inconsistency, (ii) to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm the issuance of Additional Notes, (iv) to provide for the assumption of the Issuers' Company's or any Guarantor's obligations to Holders of the Notes in the case of a merger or consolidation or sale of all or substantially all of the Issuers' assetsconsolidation, (v) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Supplemental Indenture under the TIA Trust Indenture Act, to provide for the Issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or to allow any Guarantor to execute a supplemental indenture to the Indenture and/or a Note Guarantee with respect to the Notes, to make, complete or confirm any grant of Collateral permitted or required by the Indenture or any release of Collateral that becomes effective as set forth in the Indenture, to reflect any waiver or termination of any right arising under Article 11 of the Indenture that otherwise as necessary would be enforceable by any holder of a Parity Lien Obligation or Parity Lien, if such waiver or termination is set forth or provided in the Indenture or agreement governing or giving rise to comply with applicable law such Parity Lien Obligation or Parity Lien (viiprovided, that no such waiver or amendment pursuant to clause (9) of Section 9.01 of the Indenture shall adversely affect the rights of the Holders), or to conform the Supplemental Indenture text of the Indenture, the Notes, the Note Guarantees or the Security Documents to any provision that was contained in the Offering Circular, dated as of August 1, 2003, that was used by the Initial Purchasers in connection with the distribution of the Initial Notes to the “Description extent that such document contained a description of Notes” section any provision of the ProspectusIndenture, the Notes, the Note Guarantees or the Security Documents that was intended to be a verbatim recitation of such provision.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture Indenture, the Notes, any of the Security Documents or the Notes Guarantees may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the Notes then outstanding Notes (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). Any , and, subject to certain exceptions, any existing Default or Event of Default or compliance with any provision of the Supplemental Indenture Indenture, the Notes, any of the Security Documents or the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) Guarantees may be waived, including by way of amendment, waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes), provided, however, that if any amendment, waiver or other modification will only affect the Dollar Notes, only the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Dollar Notes (and not the consent of at least a majority in aggregate principal amount of all Notes), shall be required. Without the consent of Holders holding at least 90% of the then outstanding principal amount of Dollar Notes, an amendment, supplement or waiver may not: (A) reduce the principal amount of Dollar Notes whose Holders must consent to an amendment, supplement or waiver; (B) reduce the principal of or change the Stated Maturity of any Dollar Note or reduce the premium payable upon the redemption or repurchase of any Dollar Note or change the time at which any Dollar Note may be redeemed or repurchased; (C) reduce the rate of or change the time for payment of interest, including default interest, on any note; (D) make any Dollar Note payable in money other than that stated in the Dollar Notes; (E) make any change in the provisions of the Indenture relating to waivers of past Defaults which require the consent of Holders of at least 90% of the then outstanding principal amount of Dollar Notes outstanding; (F) impair the right of any Holder of Dollar Notes to receive payments of principal of, or interest or premium on, the Dollar Notes on or after the due date therefor or to institute suit for the enforcement of any payment on or with respect to such Holder’s Dollar Notes; (G) change the ranking of the Notes, the Guarantees or the Security granted under the Security Documents; (H) release any Lien on the Collateral except as permitted by the Indenture and the Security Documents; (I) modify or release any of the Guarantees in any manner materially adverse to the Holders of the Dollar Notes other than in accordance with the terms of the Indenture; or (J) make any change in the preceding amendment and waiver provisions. Without the consent of any Holder of a NoteDollar Notes, the Issuers and Issuer, the Guarantors, the Trustee and/or the Security Agent may amend or supplement the Supplemental Indenture Indenture, the Notes, the Guarantees or the Notes (i) Security Documents to cure any ambiguity, mistake, omission, defect or inconsistency, (ii) to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm the issuance of Additional Notes, (iv) to provide for the assumption by a successor Person of the Issuers' Issuer’s or a Guarantor’s obligations to Holders in of Notes and Guarantees pursuant to the case of a merger or consolidation or sale of all or substantially all of the Issuers' assetsIndenture, (v) to make any change that would provide any additional rights or benefits to the Holders of Notes or that does not adversely affect the legal rights under the Supplemental Indenture Indenture, the Notes, the Guarantees or the Security Documents of any such HolderHolder in any respect, (vi) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Supplemental Indenture under the TIA or otherwise as necessary to comply with applicable law or (vii) to conform the Supplemental Indenture text of the Indenture, the Guarantees, the Security Documents, the Intercompany Loans or the Notes to any provision of the “Description of the Notes” section in the Offering Memorandum dated November 24, 2009 relating to the offering of the ProspectusNotes, to the extent that such provision in such “Description of the Notes” was intended to be a verbatim or substantially verbatim recitation of a provision of the Indenture, the Guarantees, the Security Documents or the Notes, to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture and to make such changes as may be required to the Security Documents (and any intercreditor agreement) to accommodate and implement such issuance of Additional Notes, to allow any Subsidiary to execute a supplemental indenture and/or a Guarantee with respect to the Notes or to further secure the Notes, to enter into, amend or supplement any intercreditor agreement with the holder, and/or any agent in respect thereof, of any other Indebtedness permitted to be incurred under the Indenture; provided that no such intercreditor agreement shall provide that the Notes or any Guarantee are subordinated to any such Indebtedness or subject to any payment blockage or enforcement standstill or that any Lien securing the Notes or the Guarantees ranks behind any Lien securing such Indebtedness, to evidence and provide for the acceptance and appointment under the Indenture or Security Documents of a successor Trustee or Security Agent pursuant to the requirement thereof, or to the extent necessary to provide for the granting of a security interest for the benefit of any Person (including any release and re-grant of a Lien) and as otherwise contemplated by the Indenture provided that, in each case, such amendment, supplement, modification, extension, renewal, restatement or replacement does not violate such covenant.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture or Indenture, the Notes or any Note Guarantee (if any) may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes including Additional Notes, if any, voting as a single class (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, or purchase of, the Notes). Any , and any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium on, if any, or interest, if any, on the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of the Supplemental Indenture or the Notes (other than or any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) Note Guarantee may be waived, including by way of amendment, waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes including Additional Notes, if any, voting as a single class (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, or purchase of, the Notes). Without the consent of any Holder of a NoteNotes, the Issuers and the Trustee may amend or supplement the Supplemental Indenture or Indenture, the Notes (i) or any Note Guarantee may be amended or supplemented to cure any ambiguity, mistake, defect or inconsistency, (ii) ; to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm the issuance of Additional Notes, (iv) ; to provide for the assumption of the Issuers' Company’s or any Guarantor’s obligations to Holders of the Notes and Note Guarantees in the case of a merger or consolidation or sale sale, assignment, transfer, conveyance, lease or other disposition of all or substantially all of the Issuers' Company’s or such Guarantor’s assets, (v) as applicable; to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) to comply with the requirements of the SEC Holder in order to effect or maintain the qualification of the Supplemental Indenture under the TIA or otherwise as necessary to comply with applicable law or (vii) any material respect; to conform the Supplemental Indenture text of the Indenture, the Notes or the Notes Note Guarantees to any provision of the “Description of the Notes” section of the ProspectusCompany’s Offering Memorandum dated March 16, 2018, relating to the initial offering of the Notes as evidenced in an Officer’s Certificate; to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture; to allow any Guarantor to execute a supplemental indenture to the Indenture and/or a Note Guarantee with respect to the Notes in accordance with the terms of the Indenture; to evidence and provide for the acceptance and appointment of the Trustee or a successor trustee under the Indenture; to make any amendment to the provisions of the Indenture relating to the transfer and/or legending of the Notes, including without limitation, to facilitate the issuance and administration of the Notes, provided, however, that (a) compliance with the Indenture as so amended would not result in the Notes being transferred in violation applicable securities laws and (b) such amendment does not materially and adversely affect the rights of Holders to transfer the Notes; or to mortgage, pledge, hypothecate or grant a security interest in favor of the trustee for the benefit of the Holders of the Notes as additional security for the payment and performance of the Company’s obligations under the Indenture, in any property, or assets, including any of which are required to be mortgaged, pledged or hypothecated, or in which a security interest is required to be granted to the trustee pursuant to the Indenture or otherwise.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture Indenture, the Notes, any Note Guarantee, the Priority Agreement (or any additional intercreditor agreement or priority agreement entered into in accordance with the terms of the Priority Agreement or the Notes Indenture) or any Security Document may be 4 Include in any Global Note 5 Include in any Fixed Rate Dollar Global Note 6 Include in any Fixed Rate Euro Global Note 7 Include in any Floating Rate Global Note 8 Include in any Fixed Rate Dollar Definitive Registered Note 9 Include in any Fixed Rate Euro Definitive Registered Note 10 Include in any Floating Rate Definitive Registered Note 11 Include in any Definitive Registered Note amended or supplemented by the Issuer, the Guarantors and/or the Trustee, as applicable, with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes and issued under the Indenture (including, without limitation, consents obtained Additional Notes, if any) voting as a single class and, subject to Sections 6.04 and 6.07 of the Indenture, any existing Default or Event of Default (other than a continuing Default or Event of Default in connection with a purchase the payment of the principal of, or tender offer or exchange offer forinterest and premium and Additional Amounts, if any, on the Notes). Any existing Default , except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of the Supplemental Indenture Indenture, the Notes, any Note Guarantee, the Priority Agreement (or any additional intercreditor agreement or priority agreement entered into in accordance with the terms of the Priority Agreement or the Notes (other than Indenture) or any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) Security Document may be waived, including by way of amendment, waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, or purchase of, the Notes). Without the consent of any Holder of a NoteHolder, the Issuers Issuer, the Guarantors and the Trustee may amend or supplement the Supplemental Indenture Indenture, the Notes, any Note Guarantee, the Priority Agreement (or any additional intercreditor agreement or priority agreement entered into in accordance with the terms of the Priority Agreement or the Notes (iIndenture) or any Security Document to cure any ambiguity, mistakeomission, defect or inconsistency, (ii) ; to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm the issuance of Additional Notes, (iv) ; to provide for the assumption by a Successor Company or any other Person formed by or surviving any consolidation, merger, amalgamation or combination that would not violate the provisions of Article 5 of the Issuers' Issuer’s or a Guarantor’s obligations to the Holders in the case of a merger or consolidation or sale of all or substantially all of the Issuers' assetsNotes under the Indenture, the Notes, any Note Guarantee, the Priority Agreement (vor any additional intercreditor agreement or priority agreement entered into in accordance with the terms of the Priority Agreement or the Indenture) or any Security Document by a successor to the Issuer or such Guarantor pursuant to Article 5 of the Indenture; to make any change that would provide any additional rights or benefits to the Trustee or the Holders or that does not adversely affect the legal rights under the Supplemental Indenture of any such HolderHolder under the Indenture, (vi) to comply with the requirements extent such change would not violate the provisions of the SEC in order to effect or maintain the qualification Indenture (including without limitation Section 4.22 of the Supplemental Indenture Indenture) or any secured party under the TIA or otherwise as necessary to comply with applicable law or (vii) Security Documents; to conform the Supplemental Indenture text of the Indenture, the Notes, a Note Guarantee, the Priority Agreement (or any additional intercreditor agreement or priority agreement entered into in accordance with the terms of the Priority Agreement or the Notes Indenture) or any Security Document to any provision of the “Description of Notes” section of the ProspectusOffering Memorandum, to the extent that such provision in that “Description of Notes” was intended to be a verbatim recitation of a provision of the Indenture, the Notes, a Note Guarantee, the Priority Agreement or any Security Document; to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture as of the date hereof; to allow any Guarantor to execute a Supplemental Indenture, Security Document and/or a Note Guarantee with respect to the Notes; to the extent necessary to provide for the granting of a security interest for the benefit of any Person, provided that the granting of such security interest is not prohibited under the Indenture; or to evidence and provide for a successor Trustee as provided for in the Indenture. For the avoidance of doubt, the provisions of articles 86 to 94-8 of the Luxembourg act dated 10 April 1915 on commercial companies, as amended, shall not apply to this Note.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture Indenture, the Note Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Series C Notes (includingvoting as a single class, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). Any and any existing Default default or compliance with any provision of the Supplemental Indenture Indenture, the Notes or the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) Note Guarantees may be waived, including by way of amendment, waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Series C Notes (including, without limitation, consents obtained in connection with voting as a purchase of, or tender offer or exchange offer for, Notes)single class. Without the consent of any Holder of a Note, the Issuers and Indenture, the Trustee may amend or supplement the Supplemental Indenture Notes or the Notes (i) Note Guarantees may be amended or supplemented to cure any ambiguity, mistake, defect or inconsistency, (ii) to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm the issuance of Additional Notes, (iv) to provide for the assumption of the Issuers' Company's or any Guarantor's obligations to Holders of the Notes in the case of a merger or consolidation or sale of all or substantially all of the Issuers' assetsconsolidation, (v) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Supplemental Indenture under the TIA Trust Indenture Act, to provide for the Issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or to allow any Guarantor to execute a supplemental indenture to the Indenture and/or a Note Guarantee with respect to the Notes, to make, complete or confirm any grant of Collateral permitted or required by the Indenture or any release of Collateral that becomes effective as set forth in the Indenture, to reflect any waiver or termination of any right arising under Article 11 of the Indenture that otherwise as necessary would be enforceable by any holder of a Parity Lien Obligation or Parity Lien, if such waiver or termination is set forth or provided in the Indenture or agreement governing or giving rise to comply with applicable law such Parity Lien Obligation or Parity Lien (viiprovided, that no such waiver or amendment pursuant to clause (9) of Section 9.01 of the Indenture shall adversely affect the rights of the Holders), or to conform the Supplemental Indenture text of the Indenture, the Notes, the Note Guarantees or the Security Documents to any provision that was contained in the Offering Circular, dated as of August 1, 2003, that was used by the Initial Purchasers in connection with the distribution of the Initial Notes to the “Description extent that such document contained a description of Notes” section any provision of the ProspectusIndenture, the Notes, the Note Guarantees or the Security Documents that was intended to be a verbatim recitation of such provision.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture Indenture, the Guarantees, the Notes, any Security Document or the Notes Intercreditor Agreement may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then then-outstanding Notes (includingNotes, without limitationif any, consents obtained in connection with voting as a purchase ofsingle class, or tender offer or exchange offer for, Notes). Any and any existing Default default or compliance with any provision of the Supplemental Indenture Indenture, the Guarantees or the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) may be waived, including by way of amendment, waived with the consent of the Holders of a majority in aggregate principal amount of the then then-outstanding Notes (includingNotes, without limitationif any, consents obtained in connection with voting as a purchase of, or tender offer or exchange offer for, Notes)single class. Without the consent of any Holder of a NoteHolder, the Issuers and Indenture, the Trustee may amend or supplement the Supplemental Indenture Guarantees or the Notes (i) may be amended or supplemented to cure any ambiguity, mistake, defect or inconsistency, (ii) to provide for uncertificated Notes in addition to or in place of certificated NotesNotes or to alter the provisions of Article 2 of the Indenture or the Appendix to the Indenture relating to the form of the Notes (including the related definitions) in a manner that does not materially adversely affect any Holder, (iii) to provide for or confirm the issuance of Additional Notes, (iv) to provide for the assumption of the Issuers' Company’s, Holdings’ or any Guarantor’s obligations to Holders in by a successor to the case of Company, Holdings or a merger or consolidation or sale of all or substantially all Guarantor pursuant to Section 5.01 of the Issuers' assetsIndenture, (v) to make any change that would provide any additional rights or benefits to the Holders or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) to comply provide for the issuance of Notes issued after the Issue Date in accordance with the requirements limitations set forth in the Indenture, to allow any Guarantor to execute a supplemental indenture to the Indenture, a joinder to the Security Documents or the Intercreditor Agreement and/or a Guarantee with respect to the Notes, to provide for the issuance of the SEC in order to effect exchange notes or maintain the qualification of the Supplemental Indenture under the TIA or otherwise as necessary to comply with applicable law or (vii) private exchange notes, to conform the Supplemental Indenture text of the Indenture, the Guarantees or the Notes to the “Description of Notes” section of the Prospectus.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture or the Notes may be amended or supplemented with With the consent of the Holders holders of at least not less than a majority in aggregate principal amount at Stated Maturity of the then outstanding Notes (including, without limitation, including consents obtained in connection with a purchase of, or tender offer or exchange offer for, for the Notes). Any existing Default , the Company, the Guarantors and the Trustee may enter into one or compliance with more indentures supplemental to the Indenture for the purpose of adding any provision provisions to or changing in any manner or eliminating any of the Supplemental provisions of the Indenture or of modifying in any manner the Notes rights of the holders; provided that no such supplemental indenture will, without the consent of the Holder of each outstanding Note affected thereby, (other than a) change the Stated Maturity of the principal of, or any provision relating to installment of interest on, any Note, or reduce the principal amount thereof (or premium, if any), or the interest thereon that would be due and payable thereon, or change the place of payment where, or the coin or currency in which, any Note or any premium or interest thereon is payable, or impair the right of any Holder to bring institute suit for the enforcement of any such payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed hereinStated Maturity thereof, (b) may be waivedreduce the percentage in principal amount at Stated Maturity of the outstanding Notes, including by way of amendment, with the consent of the whose Holders is necessary for any such supplemental indenture or required for any waiver of a majority in aggregate principal amount compliance with certain provisions of the then outstanding Notes (including, without limitation, consents obtained in connection with a purchase ofIndenture, or tender offer certain Defaults thereunder, (c) modify the Obligations of the Company to make offers to purchase Notes upon a Change of Control or exchange offer forfrom the proceeds of Asset Sales, Notes). Without (d) subordinate in right of payment the consent Notes or the Guarantees to any other Indebtedness, (e) amend, supplement or otherwise modify the provisions of the Indenture relating to Guarantees or (f) make any Holder changes in Sections 6.4 or 6.7 of a Note, the Issuers and the Trustee may amend or supplement the Supplemental Indenture or the Notes (i) to cure modify any ambiguity, mistake, defect or inconsistency, (ii) to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm the issuance of Additional Notes, (iv) to provide for the assumption of the Issuers' obligations provisions of this clause (except to Holders in the case of a merger increase any percentage set forth therein or consolidation or sale of all or substantially all of the Issuers' assets, (v) to make any change that would provide any additional rights or benefits to the Holders or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Supplemental Indenture under the TIA or otherwise as necessary to comply with applicable law or (vii) to conform the Supplemental Indenture or the Notes to the “Description of Notes” section of the Prospectusherein).

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture or Indenture, the Notes and the Subsidiary Guarantees may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes Notes, including Additional Notes, if any, voting as a single class (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, or purchase of, the Notes). Any , and any existing default or Event or Default (other than a default or Event of Default in the payment of the principal of, premium or Special Interest, if any, or interest on, the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of the Supplemental Indenture Indenture, the Notes or the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) Subsidiary Guarantees may be waived, including by way of amendment, waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes including Additional Notes, if any, voting as a single class (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, or purchase of, the Notes). Without the consent of any Holder of a Note, the Issuers and the Trustee may amend or supplement the Supplemental Indenture or the Notes (i) or the Subsidiary Guarantees may be amended or supplemented to cure any ambiguity, mistake, defect or inconsistency, (ii) ; to comply with Article 5 of the Indenture; to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm the issuance of Additional Notes, (iv) ; to provide for the assumption of the Issuers' Company's or a Guarantor's obligations to the Holders in the case of a merger or consolidation or sale of all or substantially all of the Issuers' assets, (v) Notes and Subsidiary Guarantees by a successor to the Company or such pursuant to Article 5 or Article 10 of the Indenture; to make any change that would provide any additional rights or benefits to the Holders of the Notes (including to provide for additional guarantees or collateral) or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) ; to comply with the requirements of the SEC in order to effect or maintain the qualification of the Supplemental Indenture under the TIA or otherwise as necessary to comply with applicable law or (vii) TIA; to conform the Supplemental text of the Indenture or the Notes to any provision of the “"Description of Notes” " section of the ProspectusCompany's Offering Circular dated February 3, 2005, relating to the initial offering of the Notes, to the extent that such provision in that "Description of Notes" was intended to be a verbatim recitation of a provision of the Indenture, the Subsidiary Guarantees or the Notes; to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture; or to allow any Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee with respect to the Notes.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture Indenture, the Notes or the Notes Subsidiary Guarantees may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (includingNotes, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). Any and any existing Default default or compliance with any provision of the Supplemental Indenture Indenture, the Notes or the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) Subsidiary Guarantees may be waived, including by way of amendment, waived with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). Without the consent of any Holder of a Note, the Issuers and Indenture, the Trustee may amend or supplement the Supplemental Indenture Notes or the Notes (i) Subsidiary Guarantees may be amended or supplemented to cure any ambiguity, mistake, defect or inconsistency, (ii) to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm the issuance of Additional Notes, (iv) to provide for the assumption of the Issuers' Company’s or a Guarantor’s obligations to Holders in the case of a merger or consolidation or sale of all or substantially all of the Issuers' assetsNotes pursuant to Article 5 of the First Supplemental Indenture, (v) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, including any increase in the Conversion Rate or other consideration due upon conversion of the Notes (vi) whether or not subject to time limitations or other conditions), as determined in accordance with Section 901 of the Original Indenture (as amended by Section 9.01 of the First Supplemental Indenture), to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the First Supplemental Indenture or otherwise, to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, to comply with the requirements of the SEC in order to effect or maintain the qualification Section 11.11 of the First Supplemental Indenture Indenture, to evidence or provide for the acceptance of appointment under the TIA Indenture of a successor Trustee, to add to, change or otherwise eliminate any provisions of the Indenture in respect of one or more other series of Securities, to establish the forms or terms of Securities of any other series as necessary permitted by the Indenture or to comply make provision with applicable law or (vii) respect to conform adjustments to the Conversion Rate as required by the First Supplemental Indenture or to increase the Notes to Conversion Rate in accordance with the “Description of Notes” section of the ProspectusFirst Supplemental Indenture.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture or the Notes The Company may be amended or supplemented amend this Certificate of Designation with the affirmative vote or consent of the Holders holders of at least a majority in aggregate principal amount of the shares of Convertible Preferred Stock then outstanding Notes (including, without limitation, including votes or consents obtained in connection with a purchase of, or tender offer or exchange offer forfor the Convertible Preferred Stock) and, Notes). Any existing Default except as otherwise provided by applicable law, any past default or compliance failure to comply with any provision of the Supplemental Indenture or the Notes (other than any provision relating to the right this Certificate of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) Designation may also be waived, including by way of amendment, waived with the consent of such holders. Notwithstanding the foregoing, however, without the consent of each Holder affected, an amendment (including any amendment or restatement of the Company's Certificate of Incorporation) or waiver may not (with respect to any shares of the Convertible Preferred Stock held by a non-consenting Holder); (i) alter the voting rights with respect to the Convertible Preferred Stock or reduce the number of shares of the Convertible Preferred Stock whose Holders must consent to an amendment, supplement or waiver, (ii) reduce the Liquidation Preference of any share of the Convertible Preferred Stock or adversely alter the provisions with respect to the redemption of the Convertible Preferred Stock, (iii) reduce the rate of or change the time for payment of dividends on any share of the Convertible Preferred Stock, (iv) waive a default in the payment of dividends on the Convertible Preferred Stock, (v) make any share of the Convertible Preferred Stock payable in money other than United States dollars, (vi) make any change in the provisions of the Certificate of Designation relating to waivers of the rights of Holders of a majority the Convertible Preferred Stock to receive the Liquidation Preference, to receive dividends on the Convertible Preferred Stock or (vii) make any change in aggregate principal amount of the then outstanding Notes (includingforegoing amendment and waiver provisions. Notwithstanding the foregoing, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). Without the consent of any Holder of a Notethe Convertible Preferred Stock, the Issuers Company may (to the extent permitted by, and subject to the Trustee may requirements of, Delaware law) amend or supplement the Supplemental Indenture or the Notes (i) this Certificate of Designation to cure any ambiguity, mistake, defect or inconsistency, (ii) to provide for uncertificated Notes shares of the Convertible Preferred Stock in addition to or in place of certificated Notes, (iii) to provide for or confirm the issuance of Additional Notes, (iv) to provide for the assumption shares of the Issuers' obligations to Holders in the case of a merger or consolidation or sale of all or substantially all of the Issuers' assetsConvertible Preferred Stock, (v) to make any change that would provide any additional rights or benefits to the Holders of the Convertible Preferred Stock or to make any change that does the Board of Directors determines, in good faith, is not adversely affect materially adverse to Holders of the legal rights under Convertible Preferred Stock or is required for the Supplemental Indenture of any such Holder, (vi) Company to comply with the requirements of Indenture as in effect on the SEC in order to effect or maintain the qualification of the Supplemental Indenture under the TIA or otherwise as necessary to comply with applicable law or (vii) to conform the Supplemental Indenture or the Notes to the “Description of Notes” section of the ProspectusIssue Date.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture or Indenture, the Notes Notes, the Note Guarantees, the Collateral Agreements and, with the consent of the First Lien Collateral Agent under the New Revolving Credit Facility, the Intercreditor Agreement may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes Notes, including, without limitation, Additional Notes, if any (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, or purchase of, the Notes). Any , and any existing Default or Event or Default (other than a Default or Event of Default in the payment of the principal of, premium or Additional Interest, if any, or interest on, the Notes, except a payment defaulting resulting solely from an acceleration that has been rescinded) or compliance with any provision of the Supplemental Indenture Indenture, the Notes or the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) Note Guarantees may be waived, including by way of amendment, waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes Notes, including, without limitation, Additional Notes, if any (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, or purchase of, the Notes). Without the consent of any Holder of a Note, the Issuers and Indenture, the Trustee Notes, the Note Guarantees or, the Collateral Agreements, may amend be amended or supplement the Supplemental Indenture or the Notes supplemented (i) to cure any ambiguity, mistake, defect or inconsistency, ; (ii) to provide for uncertificated Notes in addition to or in place of certificated Notes, ; (iii) to provide for or confirm the issuance of Additional Notes, (iv) to provide for the assumption of the Issuers' Company’s or a Guarantor’s obligations to Holders of Notes and Note Guarantees in the case of a merger or consolidation or sale of all or substantially all of the Issuers' Company’s or such Guarantor’s assets, as applicable; (viv) to make any change that would provide any additional rights or benefits to the Holders of Notes or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, ; (viv) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Supplemental Indenture under the TIA or otherwise as necessary to comply with applicable law or TIA; (viivi) to conform the Supplemental Indenture text of the Indenture, the Note Guarantees, the Collateral Agreements or the Notes to any provision of the “Description of Notes” section of the ProspectusOffering Memorandum to the extent that such provision was intended by the Company to be a verbatim recitation of a provision of the Indenture, the Note Guarantees, the Collateral Agreements or the Notes, which intent shall be evidenced by an Officer’s Certificate to that effect; (vii) to enter into additional or supplemental Collateral Agreements; (viii) to release Collateral in accordance with the terms of the Indenture and the Collateral Agreements; (ix) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture as of the date of the Indenture; or (x) to allow any Guarantor to execute a supplemental indenture and/or a Note Guarantee with respect to the Notes. Notwithstanding the foregoing, any amendment to, or waiver of, the provisions of the Indenture or any Collateral Agreement that has the effect of releasing all or substantially all of the Collateral from the Liens securing the Notes will require the consent of the Holders of at least 662/3% in aggregate principal amount of the Notes then outstanding.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture or the Notes or the Guarantees may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (includingvoting as a single class, without limitation, consents obtained in connection with a purchase of, and any existing Default or tender offer or exchange offer for, Notes). Any existing Event of Default or compliance with any provision of the Supplemental Indenture or the Notes (other than any provision relating to or the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) Guarantees may be waived, including by way of amendment, waived with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, consents obtained in connection with voting as a purchase of, or tender offer or exchange offer for, Notes)single class. Without the consent of any Holder of a Note, the Issuers and the Trustee may amend or supplement the Supplemental Indenture or the Notes (i) or the Guarantees may be amended or supplemented to cure any ambiguity, omission, mistake, defect or inconsistency, (ii) to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm comply with Section 5.01 of the issuance of Additional NotesIndenture, (iv) to provide for the assumption of the Issuers' Issuer’s or any Guarantors’ obligations to Holders in the case of a merger or consolidation or sale of all or substantially all of the Issuers' assetsHolders, (v) to make any change that would provide any additional rights or benefits to the Holders or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) to add covenants for the benefit of the Holders or to sun ender any right or power conferred upon the Issuer, to comply with the requirements of the SEC in order to effect or maintain the qualification of the Supplemental Indenture under the TIA or otherwise as necessary TIA, to comply with applicable law or (vii) evidence and provide for the acceptance and appointment under the Indenture of a successor Trustee pursuant to conform the Supplemental Indenture or requirements thereof. The Issuer shall have the right to replace, under certain circumstances described in the Indenture, a Non-Consenting Holder at 101% of aggregate principal amount of Notes held by such Non-Consenting Holder, plus all accrued and unpaid interest on such Notes to the “Description of Notes” section date of the Prospectusreplacement.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Companies, the Guarantors and the Trustee may amend or supplement the Indenture or and the Notes may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes Notes, including Additional Notes, if any, then outstanding voting as a single class (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, the Notes). Any , and, subject to Sections 6.04 and 6.07 of the Indenture, any existing Default or compliance with any provision Event of Default (except a continuing Default or Event of Default in (i) the Supplemental Indenture or the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any or interest on the Note, on Notes and (ii) in respect of a covenant or after provision which under the scheduled due dates expressed hereinIndenture cannot be modified or amended without the consent of the Holder of each Note affected by such modification or amendment) or compliance with any provision of the Indenture or the Notes may be waived, including by way of amendment, waived with the consent of the Holders of at least a majority in aggregate principal amount of the Notes, including Additional Notes, if any, then outstanding Notes voting as a single class (including, without limitation, including consents obtained in connection with a purchase of, of or tender offer or exchange offer for, for the Notes). Without the consent of any Holder of a NoteHolder, the Issuers Companies, the Guarantors and the Trustee may amend or supplement the Supplemental Indenture or the Notes to (ia) to cure any ambiguity, mistake, defect or inconsistency, (iib) to provide for uncertificated Notes in addition to or in place of certificated Notes, (iiic) to provide for or confirm the issuance of Additional Notes, (iv) to provide for the assumption of the Issuers' obligations of TWI, the other Parent Guarantors and the Companies to Holders in the case of a merger or consolidation or sale of all or substantially all of the Issuers' assetsassets of TWI, the other Parent Guarantors or the Companies; (vd) to make any change that would provide any additional rights or benefits to the Holders or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vie) to comply with the requirements of the SEC Commission in order to effect or maintain the qualification of the Supplemental Indenture under the TIA or otherwise as necessary TIA, (f) to comply with the rules of any applicable law securities depositary, (g) to add Guarantees with respect to Notes or to secure the Notes, (h) to add to the covenants of the Companies or any Guarantor for the benefit of the Holders or surrender any right or power conferred upon the Companies or any Guarantor, (i) to evidence and provide for the acceptance and appointment under the Indenture of a successor trustee pursuant to the requirements thereof, or (viij) to conform the Supplemental text of the Indenture or the Notes to any provision of the “Description of Notes” section of the ProspectusOffering Memorandum entitled "Description of the Notes" to the extent that such provision in the Description of Notes was intended to be a verbatim recitation of a provision of the Indenture, the Guarantees or the Notes.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture Indenture, the Notes, the Note Guarantees or the Notes Security Documents may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). Any , and, subject to Sections 6.04 and 6.07 of the Indenture, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium or interest, if any, on the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of the Supplemental Indenture or the Notes (other than any provision relating to Notes, the right of any Holder to bring suit for Note Guarantees or the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) Security Documents may be waived, including by way of amendment, waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). Without the consent of any Holder of a NoteNotes, the Issuers and Indenture, the Trustee may amend or supplement Notes, the Supplemental Indenture Note Guarantees or the Notes (i) Security Documents may be amended or supplemented to cure any ambiguity, omission, mistake, defect or inconsistency, (ii) to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm the issuance of Additional Notes, (iv) to provide for the assumption of the Issuers' an Issuer’s or a Guarantor’s obligations to Holders of the Notes in the case of a merger or consolidation or sale of all or substantially all of such Issuer’s or Guarantor’s properties or assets in accordance with the Issuers' assetslimitations set forth in the Indenture, (v) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Supplemental Indenture of any such HolderHolder taken as a whole in any material respect, to secure the Notes or the Note Guarantees pursuant to the requirements of Section 4.12 of the Indenture, to provide for the issuance of Additional Notes and related guarantees (viand the grant of security for the benefit of the Additional Notes and related guarantees) in accordance with the limitations set forth in the Indenture, to add any additional Guarantor or to evidence the release of any Guarantor from its Note Guarantee, in each case as provided in the Indenture, to comply with the requirements of the SEC in order to effect or maintain the qualification of the Supplemental Indenture under the TIA TIA, to evidence or otherwise provide for the acceptance of appointment under the Indenture of a successor trustee or evidence and provide for a successor or replacement collateral trustee under the Indenture or the Security Documents, to make, complete or confirm any grant of Collateral permitted or required by the Indenture or any of the Security Documents or any release of Collateral that becomes effective as necessary to comply with applicable law set forth in the Indenture or (vii) in any of the Security Documents, to conform the Supplemental Indenture text of the Indenture, the Note Guarantees, the Notes or any Security Document related to the Notes to the “Description any provision of Notes” section of the Prospectus.the

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptionsthe following --------------------------------- paragraphs and to the provisions of the Indenture, the Supplemental Indenture or Indenture, the Notes Securities and the Subsidiary Guarantees may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the Securities then outstanding Notes (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, NotesSecurities). Any , and any existing Default default or compliance with any provision of the Supplemental Indenture or Indenture, the Notes (other than any provision relating to Securities and the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) Subsidiary Guarantees may be waived, including by way of amendment, waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes Securities (including, without limitation, including consents obtained in connection with a purchase of, or with a tender offer or exchange offer for, NotesSecurities). Any amendment to the provisions of Article 10 or 12 shall require the consent of the Holders of at least 75% in aggregate principal amount of Securities then outstanding if such amendment would adversely affect the rights of the Holders of Securities. Without the consent of any Holder of a NoteSecurities, the Issuers Company, the Guarantors and the Trustee may amend or supplement the Supplemental Indenture Indenture, the Securities or the Notes (i) Subsidiary Guarantees to cure any ambiguity, mistake, defect or inconsistency, (ii) to provide for uncertificated Notes Securities in addition to or in place of certificated NotesSecurities, (iii) to provide for or confirm the issuance of Additional Notes, (iv) to provide for the assumption of the Issuers' Company's or a Guarantor's obligations to Holders of Securities in the case of a merger or consolidation or sale of all or substantially all of the Issuers' assetsconsolidation, (v) to make any change that would provide any additional rights or benefits to the Holders of Securities or that does not materially adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) to comply with the requirements of the SEC Commission in order to effect or maintain the qualification of the Supplemental Indenture under the TIA Trust Indenture Act, to allow any Subsidiary to guarantee the Securities or otherwise as necessary to comply with applicable law or (vii) to conform provide for the Supplemental Indenture or the Notes to the “Description of Notes” section issuance of the ProspectusExchange Securities or Additional Securities.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptionsthe following paragraphs, the Supplemental Indenture or and the Notes may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (Notes, including, without limitation, consents obtained in connection with a purchase of, of or tender offer or exchange offer forfor Notes, Notes). Any and any existing Default or Event of Default or compliance with any provision of the Supplemental Indenture or the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) may be waived, including by way of amendment, waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (includingNotes, without limitation, including consents obtained in connection with a purchase of, or tender offer or exchange offer for, for the Notes). Without the consent of any Holder of a NoteHolders, ManTech, the Issuers Guarantors and the Trustee Trustee, at any time and from time to time, may amend enter into one or supplement more indentures supplemental to the Supplemental Indenture or for any of the Notes following purposes: (i1) to cure evidence the succession of another Person to ManTech and the assumption by any ambiguitysuch successor of the covenants of ManTech in the Indenture, mistakethe Guarantees and the Notes; (2) to secure the Notes, defect to add to the covenants of ManTech for the benefit of the Holders, or inconsistency, to surrender any right or power herein conferred upon ManTech; (ii3) to add additional Events of Default; (4) to provide for uncertificated Notes in addition to or in place of certificated the Certificated Notes, ; (iii5) to evidence and provide for the acceptance of appointment under the Indenture by a successor Trustee; (6) to provide for or confirm the issuance of Additional Notes, Notes in accordance with the terms of the Indenture; (iv7) to provide for add a Guarantor or to release a Guarantor in accordance with the assumption Indenture; (8) to cure any ambiguity, defect, omission, mistake or inconsistency or to conform the text of the Issuers' obligations Indenture or the Notes to Holders any provision of the “Description of Notes” in the case of a merger or consolidation or sale of all or substantially all of the Issuers' assets, Offering Memorandum; or (v9) to make any change that would provide any additional rights or benefits to the Holders or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Supplemental Indenture under the TIA TIA. With the consent of the Holders of not less than a majority in aggregate principal amount of the outstanding Notes, ManTech, the Guarantors and the Trustee may enter into an indenture or otherwise as necessary indentures supplemental to comply with applicable law the Indenture for the purpose of adding any provisions to or (vii) to conform changing in any manner or eliminating any of the Supplemental provisions of the Indenture or the Notes or of modifying in any manner the rights of the Holders under the Indenture, including the definitions therein; provided, however, that no such supplemental indenture shall, without the consent of the Holder of each outstanding Note affected thereby: (1) change the Stated Maturity of any Note or of any installment of interest on any Note, or reduce the amount payable in respect of the principal thereof or the rate of interest thereon or any premium payable thereon, or reduce the amount that would be due and payable on acceleration of the maturity thereof, or change the place of payment where, or the coin or currency in which, any Note or any premium or interest thereon is payable, or impair the right to institute suit for the enforcement of any such payment on or after the Stated Maturity thereof, or change the date on which any Notes may be subject to redemption or reduce the Redemption Price therefor, (2) reduce the percentage in aggregate principal amount of the outstanding Notes, the consent of whose Holders is required for any such supplemental indenture, or the consent of whose Holders is required for any waiver (of compliance with certain provisions of the Indenture or certain defaults thereunder and their consequences) provided for in the Indenture, (3) modify the obligations of ManTech to make Offers to Purchase upon a Change of Control if such modification was done after the occurrence of such Change of Control, (4) modify or change any provision of the Indenture affecting the ranking of the Notes or any Note Guarantee in a manner adverse to the “Description of Notes” section Holders of the ProspectusNotes, (5) modify any of the provisions of this paragraph or provisions relating to waiver of defaults or certain covenants, except to increase any such percentage required for such actions or to provide that certain other provisions of the Indenture cannot be modified or waived without the consent of the Holder of each outstanding Note affected thereby, or (6) release any Guarantees required to be maintained under the Indenture (other than in accordance with the terms of the Indenture). The Holders of not less than a majority in aggregate principal amount of the outstanding Notes may on behalf of the Holders of all the Notes waive any past default under the Indenture and its consequences, except a default: (1) in any payment in respect of the principal of (or premium, if any) or interest on any Notes (including any Note which is required to have been purchased pursuant to an Offer to Purchase which has been made by the Issuer), or (2) in respect of a covenant or provision hereof which under the Indenture cannot be modified or amended without the consent of the Holder of each outstanding Note affected.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture or Indenture, the Notes Notes, the Guarantees and any Pledge Agreement may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the Notes then outstanding Notes (including, without limitation, including consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). Any , and any existing Default or compliance with any provision Event of the Supplemental Indenture or the Notes Default (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any or interest on the NoteNotes) or compliance with any provision of the Indenture, on the Notes or after the scheduled due dates expressed herein) Guarantees may be waived, including by way of amendment, waived with the consent of the Holders of a majority in aggregate principal amount of the Notes then outstanding and issued under the Indenture, in each case, other than Notes beneficially owned by the Issuers or their Affiliates (including, without limitation, including consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes); provided, however, that if any amendment, supplement or waiver of the Indenture, the Notes, the Guarantees or any Pledge Agreement would affect only the Holders of the 2023 Notes or the 2028 Notes, only the consent of the Holders of a majority in aggregate principal amount of the 2023 Notes or 2028 Notes, respectively, then outstanding and issued under the Indenture (and not the consent of a majority in aggregate principal amount of all Notes) shall be required. Without the consent of any Holder of a Note, the Issuers and Indenture, the Trustee Notes, the Guarantees or any Pledge Agreement may amend be amended or supplement the Supplemental Indenture or the Notes (i) supplemented, among other things, to cure any ambiguity, omission, mistake, defect or inconsistency, (ii) ; to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) ; to provide for or confirm the issuance of Additional Notes, (iv) to provide for the assumption comply with Section 5.01 of the Issuers' obligations to Holders in the case of a merger or consolidation or sale of all or substantially all of the Issuers' assets, (v) Indenture; to make any change that would provide any additional rights or benefits to the Holders or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder; to add a Guarantor under the Indenture or to release a Subsidiary Guarantor from its Obligations under its Guarantee and the Indenture, (vi) to comply in each case, in accordance with the requirements applicable provisions of the SEC in order Indenture; to effect or maintain the qualification of the Supplemental Indenture under the TIA or otherwise as necessary provide for additional security with respect to comply with applicable law or (vii) to conform the Supplemental Indenture or the Notes and the Guarantees; or to provide for the “Description issuance of Notes” section of Additional Notes in accordance with the Prospectuslimitations set forth in the Indenture.

AMENDMENT, SUPPLEMENT AND WAIVER. (a) Subject to certain exceptionsexceptions set forth in the Indenture, the Supplemental Indenture or and the Notes may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (includingNotes, without limitationvoting as a single class, consents obtained in connection with a purchase of, and any existing Default or tender offer or exchange offer for, Notes). Any existing Event of Default or compliance with any provision of the Supplemental Indenture or and the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) may be waived, including by way of amendment, waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes, voting as a single class. (b) Without the consent of Holders of at least 90% in aggregate principal amount of the then outstanding Notes, an amendment, supplement or waiver may not (i) reduce the principal amount of Notes whose Holders must consent to an amendment, supplement or waiver, (ii) reduce the principal of or change the fixed maturity of any Note or alter or waive any of the provisions with respect to the redemption of the Notes (other than Section 4.08 of the Indenture), (iii) reduce the rate of or change the time for payment of interest, including default interest, on any Note, (iv) waive a Default or Event of Default in the payment of principal of, or interest or premium, if any, on the Notes (except a rescission of acceleration of the Notes by the Holders of at least a majority in aggregate principal amount of the then outstanding Notes and a waiver of the payment default that resulted from such acceleration), (includingv) make any Note payable in money other than that stated herein, without limitation, consents obtained (vi) make any change in connection with a purchase Section 6.04 of the Indenture or the rights of Holders of Notes to receive payments of principal of, or tender offer interest or exchange offer forpremium, if any, on the Notes). , (vii) waive a redemption payment with respect to any Note (other than a payment required by Section 4.08 of the Indenture) or (viii) make any change in the preceding amendment and waiver provisions. (c) Without the consent of any Holder of a Note, the Issuers Issuer and the Trustee may amend or supplement the Supplemental Indenture or the Notes to (i) to cure any ambiguity, mistake, defect or inconsistency, (ii) to provide for uncertificated Notes in addition to or in place of certificated NotesDefinitive Notes (provided that the uncertificated Notes are issued in registered form for purposes of Section 163(f) of the U.S. Internal Revenue Code of 1986, as amended), (iii) to provide for or confirm the issuance of Additional Notes, (iv) to provide for the assumption of the Issuers' Issuer’s obligations to the Holders of the Notes by a successor to the Issuer in the case of a merger or consolidation or sale of all or substantially all of the Issuers' assetsIssuer’s assets pursuant to Article 5 of the Indenture, (viv) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Supplemental Indenture of any such HolderHolder under the Indenture, (viv) to comply with conform the requirements text of the SEC in order to effect or maintain the qualification of the Supplemental Indenture under the TIA or otherwise as necessary to comply with applicable law or (vii) to conform the Supplemental Indenture or the Notes to any provision of the “Description of the Notes” section in the Issuer’s offering memorandum, dated as of August 19, 2020, relating to the offering of the ProspectusInitial Notes, to the extent that such provision in the “Description of the Notes” was intended to be a verbatim recitation of a provision of the Indenture or the Notes, which intent may be evidenced by an Officer’s Certificate to that effect, (vi) provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture as of the date of the Indenture, (vii) evidence and provide for the acceptance of appointment by a successor Trustee, (viii) comply with the procedures of DTC, Euroclear or Clearstream, (ix) allow a Person to Guarantee the Issuer’s obligations under the Indenture and the Notes by executing a supplemental indenture with respect to the Notes (or to release any such Person from such a Guarantee as provided or permitted by the terms of the Indenture and such Guarantee) or (x) provide for the Notes to be secured (or to release such security as permitted by the Indenture and the applicable security documents).

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture Indenture, the Notes or the Notes Subsidiary Guarantees may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount Reduced Principal Amount of the then outstanding Notes (includingNotes, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). Any and any existing Default default or compliance with any provision of the Supplemental Indenture Indenture, the Notes or the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) Subsidiary Guarantees may be waived, including by way of amendment, waived with the consent of the Holders of a majority in aggregate principal amount Reduced Principal Amount of the then outstanding Notes (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). Without the consent of any Holder of a Note, the Issuers and Indenture, the Trustee may amend or supplement the Supplemental Indenture Notes or the Notes (i) Subsidiary Guarantees may be amended or supplemented to cure any ambiguity, mistake, defect or inconsistency, (ii) to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm the issuance of Additional Notes, (iv) to provide for the assumption of the Issuers' Company’s or a Guarantor’s obligations to Holders in the case of a merger or consolidation or sale of all or substantially all of the Issuers' assetsNotes pursuant to Article 5 of the Second Supplemental Indenture, (v) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, including any increase in the Conversion Rate or other consideration due upon conversion of the Notes (vi) whether or not subject to time limitations or other conditions), as determined in accordance with Section 901 of the Original Indenture (as amended by Section 9.01 of the Second Supplemental Indenture), to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Second Supplemental Indenture or otherwise, to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, to comply with the requirements of Section 11.11 of the SEC Second Supplemental Indenture, to evidence or provide for the acceptance of appointment under the Indenture of a successor Trustee, to add to, change or eliminate any provisions of the Indenture in respect of one or more other series of Securities or to establish the forms or terms of Securities of any other series as permitted by the Indenture, to make provision with respect to adjustments to the Conversion Rate as required by the Second Supplemental Indenture or to increase the Conversion Rate in accordance with the Second Supplemental Indenture or to make any changes necessary or advisable, in the Company’s sole discretion, in order to effect or maintain the qualification settlement of amounts due pursuant to Section 4.01 of the Second Supplemental Indenture under the TIA or otherwise as necessary to comply with applicable law or (vii) to conform the Supplemental Indenture or the Notes to the “Description of Notes” section of the ProspectusIndenture.

AMENDMENT, SUPPLEMENT AND WAIVER. (a) Subject to certain exceptions, the Supplemental Indenture or Indenture, the Notes and the Note Guarantees may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (includingNotes, without limitationvoting as a single class, consents obtained in connection with a purchase of, and any existing Default or tender offer or exchange offer for, Notes). Any existing Event of Default or compliance with any provision of the Supplemental Indenture Indenture, the Notes or the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) Note Guarantees may be waived, including by way of amendment, waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes, voting as a single class. (b) Without the consent of each Holder of Notes affected, an amendment, supplement or waiver may not (with respect to any Notes held by a non-consenting Holder) (i) reduce the principal amount of Notes whose Holders must consent to an amendment, supplement or waiver, (ii) reduce the principal of or change the fixed maturity of any Note or alter or waive any of the provisions with respect to the redemption of the Notes (other than Section 4.11 of the Indenture), (iii) reduce the rate of or change the time for payment of interest, including default interest, on any Note; (iv) waive a Default or Event of Default in the payment of principal of, or interest, premium, if any, on, the Notes (except a rescission of acceleration of the Notes by the Holders of at least a majority in aggregate principal amount of the then outstanding Notes and a waiver of the payment default that resulted from such acceleration), (includingv) make any Note payable in money other than that stated herein, without limitation, consents obtained (vi) make any change in connection with a purchase Section 6.04 of the Indenture or the rights of Holders of Notes to receive payments of principal of, or tender offer interest, premium, if any, on, the Notes, (vii) waive a redemption payment with respect to any Note (other than a payment required by Section 4.11 of the Indenture), (viii) amend or exchange offer for, Notes). modify any Note Guarantee in a manner that would adversely affect the Holders of the Notes or release any Guarantor from any of its obligations under its Note Guarantee or the Indenture (except in accordance with the terms of the Indenture) or (ix) make any change in the preceding amendment and waiver provisions. (c) Without the consent of any Holder of a Note, the Issuers Issuers, the Guarantors and the Trustee may amend or supplement the Supplemental Indenture Indenture, the Notes or the Notes Note Guarantees to (i) to cure any ambiguity, mistake, defect or inconsistency, (ii) to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm the issuance of Additional Notes, (iv) to provide for the assumption of the either Issuers' ’ or any Guarantor’s obligations to the Holders of the Notes and Note Guarantees by a successor to the Issuers or such Guarantor, as the case may be, in the case of a merger or consolidation or sale of all or substantially all of the Issuers' assets▇▇▇▇ Resorts Finance’s or such Guarantor’s assets pursuant to Article 5 or Article 11 of the Indenture, (viv) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Supplemental Indenture of any such HolderHolder under the Indenture, (v) to conform the text of the Indenture, the Notes or the Note Guarantees to any provision of the “Description of the Notes” in the Issuers’ Offering Memorandum, dated as of September 10, 2024, relating to the offering of the Initial Notes, to the extent that such provision in the “Description of the Notes” was intended to be a verbatim recitation of a provision of the Indenture, the Notes or the Note Guarantees, which intent may be evidenced by an Officers’ Certificate to that effect, (vi) to release the Note Guarantee of a Guarantor in accordance with the terms of the Indenture, (vii) provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture as of the date of the Indenture, (viii) allow any Guarantor to execute a supplemental indenture to the Indenture and/or a Note Guarantee with respect to the Notes, (ix) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Supplemental Indenture under the TIA or otherwise as necessary Trust Indenture Act, if then applicable, (x) to comply with requirements of applicable law Gaming Laws or to provide for requirements imposed by applicable Gaming Authorities; (xi) to provide for the acceptance or appointment of a successor trustee or (viixii) to conform the Supplemental Indenture or provide for the Notes to the “Description of Notes” section of the Prospectusbe secured.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptionsthe following paragraphs, the Supplemental Indenture or Indenture, the Senior Notes and the Subsidiary Guarantees may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the Senior Notes then outstanding Notes (including, without limitation, consents obtained in connection with a purchase ofof or, or tender offer or exchange offer for, for Senior Notes). Any , and any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium, if any, interest or Liquidated Damages, if any, on the Senior Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of the Supplemental Indenture Indenture, the Senior Notes or the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) Subsidiary Guarantees may be waived, including by way of amendment, waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Senior Notes (including, without limitation, including consents obtained in connection with a purchase of, or tender offer or exchange offer for, for Senior Notes). Without the consent of any Holder of a NoteSenior Notes, the Issuers Company and the Trustee may amend or supplement the Supplemental Indenture Indenture, the Subsidiary Guarantees or the Senior Notes (i) to cure any ambiguity, mistake, defect or inconsistency, (ii) to provide for uncertificated Senior Notes in addition to or in place of certificated Senior Notes, (iii) to provide for or confirm the issuance of Additional Notes, (iv) to provide for the assumption of the Issuers' Company's or a Subsidiary Guarantor's obligations to Holders of Senior Notes in the case of a merger or consolidation or sale of all or substantially all of the Issuers' assetsconsolidation, (v) to make any change that would provide any additional rights or benefits to the Holders of Senior Notes or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) to comply with the requirements of the SEC Commission in order to effect or maintain the qualification of the Supplemental Indenture under the TIA Trust Indenture Act or otherwise as necessary to comply with applicable law or (vii) allow any Subsidiary Guarantor to conform guarantee the Supplemental Indenture or the Notes to the “Description of Senior Notes” section of the Prospectus.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (includingincluding Additional Notes, without limitationif any, consents obtained in connection with voting as a purchase ofsingle class, and any existing Default or tender offer or exchange offer for, Notes). Any existing Event of Default or compliance with any provision of the Supplemental Indenture or the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) may be waived, including by way of amendment, waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (includingincluding Addi- tional Notes, without limitationif any, consents obtained in connection with voting as a purchase of, or tender offer or exchange offer for, Notes)single class. Without the consent of any Holder of a Note, the Issuers and the Trustee may amend or supplement the Supplemental Indenture or the Notes may be amended or supplemented (i) to cure any ambiguity, mistake, defect or inconsistency, (ii) to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm the issuance of Additional Notes, (iv) to provide for the assumption of the either Issuers' ’ obligations to Holders of the Notes in the case of a merger or consolidation or sale of all or substantially all of the such Issuers' ’ assets, (viv) to make any change that would provide any additional rights or benefits to the Holders or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (viv) to comply with the requirements of the SEC Commission in order to effect or maintain the qualification of the Supplemental Indenture under the TIA TIA, (vi) to add a Guarantee of the Notes or otherwise as necessary to comply with applicable law or release the Guarantee of Vanguard, (vii) to conform the Supplemental Indenture text of the Indenture, the Notes or the Notes Guarantees to any provision of the “Description of Notes” section in the Offering Memorandum to the extent that such provision in the Description of Notes in the ProspectusOffering Memorandum was intended to be a verbatim recitation of a provision of this Indenture, the Notes or the Guarantees or (viii) to evidence and provide for the acceptance and appointment under this Indenture of a successor Trustee thereunder pursuant to the requirements thereof.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture or Fiscal Agency Agreement and the Notes Securities may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the Securities then outstanding Notes (includingoutstanding, without limitation, consents obtained in connection with a purchase of, and any existing Default or tender offer or exchange offer for, Notes). Any existing Event of Default or compliance with any provision of the Supplemental Indenture Fiscal Agency Agreement or the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) Securities may be waived, including by way of amendment, waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes)Securities. Without notice to or the consent of any Holder of a NoteSecurity, the Issuers and the Trustee may amend or supplement the Supplemental Indenture Fiscal Agency Agreement or the Notes (i) Securities may be amended or supplemented to cure any ambiguity, mistake, defect or inconsistency, (ii) to comply with the covenants contained in the Fiscal Agency Agreement, to provide for uncertificated Notes Securities in addition to or in place of certificated NotesSecurities, (iii) to add to the covenants of the Company or to add any additional Events of Default for the benefit of all the Securities, to add to or change any of the provisions of the Fiscal Agency Agreement to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and/or coupon form, registrable or not registrable as to principal, and to provide for exchangeability of such Securities with Securities issued hereunder in fully registered form, to add to or change any provisions of the Fiscal Agency Agreement as shall be necessary to provide for or confirm facilitate the issuance of Additional Notes, (iv) to provide for the assumption administration of the Issuers' obligations trusts thereunder by more than one Fiscal Agent, to Holders in issue Additional Securities pursuant to the case of a merger Fiscal Agency Agreement, or consolidation or sale of all or substantially all of the Issuers' assets, (v) to make any change that would provide any additional rights or benefits to the Holders or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) to comply with the requirements Holder of the SEC in order to effect or maintain Securities; provided that none of such changes shall adversely affect the qualification rights of any Holder of the Supplemental Indenture under the TIA or otherwise as necessary to comply with applicable law or (vii) to conform the Supplemental Indenture or the Notes to the “Description of Notes” section of the ProspectusSecurities.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture or the Notes or the Note Guarantees may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (includingincluding Additional Notes, without limitationif any, consents obtained in connection with voting as a purchase ofsingle class, and any existing Default or tender offer Event or exchange offer for, Notes). Any existing Default or compliance with any provision of the Supplemental Indenture or the Notes (other than any provision relating to or the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) Note Guarantees may be waived, including by way of amendment, waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (includingincluding Additional Notes, without limitationif any, consents obtained in connection with voting as a purchase single class. In addition, any amendment to, or waiver of, or tender offer or exchange offer forthe provisions of the Indenture relating to subordination (including with respect to any Note Guarantee) that adversely affects the rights of the Holders of the Notes will require the consent of the Holders of at least 75% in aggregate principal amount of Notes then outstanding. Also, Notes)any amendment to such provisions (including with respect to any Note Guarantee) will require the consent of the holders of Designated Senior Debt. Without the consent of any Holder of a Note, the Issuers and the Trustee may amend or supplement the Supplemental Indenture or the Notes (i) or the Note Guarantees may be amended or supplemented to cure any ambiguity, mistake, defect or inconsistency, (ii) to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm the issuance of Additional Notes, (iv) to provide for the assumption of the Issuers' Company’s or a Guarantor’s obligations to Holders of the Notes and Note Guarantees in the case of a merger or consolidation or sale of all or substantially all of the Issuers' assetsconsolidation, (v) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Supplemental Indenture under the TIA or otherwise as necessary to comply with applicable law or (vii) TIA, to conform the Supplemental text of the Indenture or the Notes to any provision of the “Description of Notes” section of the ProspectusCompany’s Offering Circular dated April 27, 2004, relating to the initial offering of the Notes, to the extent that such provision in that “Description of Notes” was intended to be a verbatim recitation of a provision of the Indenture, the Note Guarantees or the Notes, to allow any Guarantor to execute a supplemental indenture to the Indenture and/or a Note Guarantee with respect to the Notes or to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture or the Notes or the Guarantees may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange A4-9 offer for, or purchase of, the Notes). Any , and any existing Default or Event or Default or compliance with any provision of the Supplemental Indenture or the Notes (other than any provision relating to or the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) Guarantees may be waived, including by way of amendment, waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, or purchase of, the Notes). Without the consent of any Holder of a Note, the Issuers and the Trustee may amend or supplement the Supplemental Indenture or the Notes (i) or the Guarantees may be amended or supplemented to cure any ambiguity, mistakedefect, defect inconsistency or inconsistency, (ii) omission; to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm the issuance of Additional Notes, (iv) ; to provide for the assumption of the Issuers' Company's, a Co-Issuer's or a Guarantor's obligations to Holders in the case of a merger or consolidation or sale of all or substantially all of the Issuers' assetsNotes and Guarantees by a successor to the Company, (v) such Co-Issuer or such Guarantor pursuant to Article 5 of the Indenture; to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) ; to add covenants for the benefit of the Holders or to surrender any right or power conferred upon the Company or a Guarantor; to comply with the requirements of the SEC in order to effect or maintain the qualification of the Supplemental Indenture under the TIA or otherwise as necessary to comply with applicable law or (vii) TIA; to conform the Supplemental Indenture text of the Indenture, the Guarantees or the Notes to any provision of the “"Description of Notes” " section of the ProspectusOffering Circular to the extent that such provision in that "Description of Notes" was intended to be a verbatim recitation of a provision of the Indenture, the Guarantees or the Notes; to provide for the issuance of Additional Notes or Exchange Notes in accordance with the limitations set forth in the Indenture as of the Issue Date; to allow any Guarantor or other obligor to execute a supplemental indenture to the Indenture and/or a Guarantee with respect to the Notes; to release a Guarantor or Co-Issuer as provided in the Indenture; to make any amendment to the provisions of the Indenture relating to the transfer and legending of Notes provided, however, that (a) compliance with the Indenture as so amended would not result in Notes being transferred in violation of the Securities Act or any applicable securities law and (b) such amendment does not materially and adversely affect the rights of Holders to transfer Notes; to evidence and provide the acceptance of the appointment of a successor Trustee under the Indenture; or to comply with the rules of any applicable securities depositary.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptionsSECTION 9.01. WITHOUT CONSENT OF HOLDERS OF NOTES. Notwithstanding Section 9.02 of this Indenture, the Supplemental Company, the Guarantors and the Trustee may amend or supplement this Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). Any existing Default or compliance with any provision of the Supplemental Indenture or the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) may be waived, including by way of amendment, with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). Without the consent of any Holder of a Note, the Issuers and the Trustee may amend or supplement the Supplemental Indenture or the Notes : (ia) to cure any ambiguity, mistake, defect or inconsistency, ; (iib) to provide for uncertificated Notes in addition to or in place of certificated Notes, ; (iii) to provide for or confirm the issuance of Additional Notes, (ivc) to provide for the assumption of the Issuers' Company's obligations to the Holders in the case of a merger or consolidation or sale of all or substantially all of the Issuers' assets, Notes by a successor to the Company or a Guarantor pursuant to Article 5 hereof; (vd) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Supplemental Indenture hereunder of any such Holder, Holder of the Note; (vie) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Supplemental this Indenture under the TIA or otherwise as necessary to comply with applicable law or TIA; (viif) to conform provide for the Supplemental issuance of Additional Notes in accordance with the limitations set forth in this Indenture as of the date hereof; or (g) to allow any Guarantor to execute a supplemental indenture and/or a Guaranty with respect to the Notes. Upon the request of the Company accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental Indenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof, the Trustee shall join with the Company and the Guarantors in the execution of any amended or supplemental Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or the Notes to the “Description of Notes” section of the Prospectusotherwise.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture Indenture, the Notes or the Notes Note Guarantees may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the Notes then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single Class (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). Any , and any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium on, if any, interest or Special Interest, if any, on the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of the Supplemental Indenture Indenture, the Notes or the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) Note Guarantees may be waived, including by way of amendment, waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single Class (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). Without the consent of any Holder of a Note, the Issuers Indenture, the Notes and the Trustee Note Guarantees may amend be amended or supplement the Supplemental Indenture or the Notes (i) supplemented to cure any ambiguity, mistake, defect or inconsistency, (ii) to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm the issuance of Additional Notes, (iv) to provide for the assumption of the Issuers' Company’s or any Guarantor’s obligations to Holders of Notes in the case of a merger or consolidation or sale of all or substantially all of the Issuers' Company’s or such Guarantor’s assets, (v) to make any change that would provide any additional rights or benefits to the Holders of Notes or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Supplemental Indenture under the TIA or otherwise as necessary TIA, to comply with applicable law or (vii) Section 4.18 of the Indenture, to conform the Supplemental Indenture text of the Indenture, the Notes, the Note Guarantees or the Notes Security Documents to any provision of the section of the Offering Circular entitled “Description of Notes” to the extent that such provision in the “Description of Notes” section was intended to be a verbatim recitation of a provision of the ProspectusIndenture, the Notes, the Note Guarantees or the Security Documents, to evidence and provide for the acceptance of appointment by a successor Trustee (provided that the successor Trustee is otherwise qualified and eligible to act as such under the Indenture or to provide for a successor or replacement Collateral Trustee under the Security Documents), to provide for the issuance of Additional Notes in accordance with the Indenture, to make, complete or confirm any grant of Collateral permitted or required by the Indenture or any of the Security Documents or any release, termination or discharge of Collateral that becomes effective as set forth in the Indenture or any of the Security Documents, or to grant any Lien for the benefit of the Holders of the Notes. Any amendment to, or waiver of, the provisions of the Indenture or any Security Document that has the effect of releasing all or substantially all of the Collateral from the Liens securing the Notes will require the consent of the Holders of at least 662/3% in aggregate principal amount of the Notes then outstanding (but only to the extent any such consent is required under the Collateral Trust Agreement).

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture or Indenture, the notes, the Guarantees and the Notes Security Documents may be amended or supplemented with the consent of the Holders of at least not less than a majority in aggregate principal amount of the notes then outstanding Notes (includingincluding additional notes, without limitationif any) voting as a single class, consents obtained in connection with a purchase of, and any existing Default or tender offer or exchange offer for, Notes). Any existing Event of Default or compliance with any other provision of the Supplemental Indenture Indenture, the notes or the Guarantees, or with the Notes Security Documents, may be waived with the consent of the Holders of not less than a majority in aggregate principal amount of the notes then outstanding (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premiumincluding additional notes, if any) voting as a single class; provided that (x) if any such amendment or waiver will only affect one series of notes (or less than all series of notes) then outstanding under this Indenture, any interest on the Note, on or after the scheduled due dates expressed herein) may be waived, including by way of amendment, with then only the consent of the Holders of a majority in aggregate principal amount of the notes of such series then outstanding Notes (including, without limitationin each case, consents obtained in connection with a purchase of, or tender offer or exchange offer forfor notes) shall be required and (y) if any such amendment or waiver by its terms will affect a series of notes in a manner different and materially adverse relative to the manner such amendment or waiver affects other series of notes, Notes)then the consent of the Holders of a majority in principal amount of the notes of such series then outstanding (including, in each case, consents obtained in connection with a tender offer or exchange offer for notes) shall be required. Without Notwithstanding anything to the contrary, without the consent of any Holder of a Notenotes, the Issuers and Indenture, the Trustee may amend or supplement notes, the Supplemental Indenture Guarantees or the Notes (i) Security Documents may be amended or supplemented to cure any ambiguity, omission, mistake, defect or inconsistencyinconsistency in the Indenture; to comply with the provisions of the Indenture concerning consolidation, (ii) merger and sale of assets; to evidence and provide for the acceptance of appointment under the Indenture by a successor trustee or Collateral Agent; to provide for uncertificated Notes notes in addition to or in place of certificated NotesCertificated Notes (provided, (iiithat the uncertificated notes are issued in registered form for purposes of Section 163(f) of the Code); to provide for add one or confirm more additional Guarantees on the issuance of Additional Notesterms required by the Indenture, (iv) to or provide for the assumption of the Issuers' Parent’s, either Issuer’s or any of the Subsidiary Guarantors’ obligations to Holders in the case Holders; provided that the addition of a merger or consolidation or sale of any such additional obligor that is not an obligor with respect to all or substantially all notes issued under this Indenture shall require the consent of the Issuers' assetsHolders of not less than a majority in principal amount of the notes then outstanding (including, (v) without limitation, additional notes, if any); to make any change that would provide any additional rights or benefits to that, in the Holders or that good faith opinion of the Board of Directors of the Parent as evidenced by a board resolution, does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) to comply with the requirements of the SEC Holder in order to effect or maintain the qualification of the Supplemental Indenture under the TIA or otherwise as necessary to comply with applicable law or (vii) any material respect; to conform the Supplemental text of the Indenture (including any supplemental indenture or other instrument pursuant to which additional notes are issued), the Notes notes (including any additional notes), any Subsidiary Guarantee, the Parent Guarantee, the Collateral Agency Agreement, the Crossing Lien Intercreditor Agreement or any Collateral Agreement to any provision of the “Description of Senior Secured Notes” section or “Intercreditor Arrangements” sections of the ProspectusOffering Memorandum, to the extent that such provision in that “Description of Senior Secured Notes” or “Intercreditor Arrangements” section was intended to be a verbatim recitation of a provision of the Indenture, the notes, the Parent Guarantee, any Subsidiary Guarantee, the Collateral Agency Agreement, the Crossing Lien Intercreditor Agreement or any Collateral Agreement; to amend the Collateral Agency Agreement to add additional holders of Additional Secured Obligations permitted under the Indenture, the Collateral Agency Agreement and any Secured Debt Documents then in effect; to add covenants for the benefit of the Holders, or to surrender any right or power conferred upon the Parent, the Issuers or any Guarantor; to release, terminate or discharge the Guarantee of any Guarantor or any Lien, in each case when such release, termination or discharge is permitted in accordance with the terms of this Indenture; to provide for the issuance of additional notes in accordance with the limitations set forth in the Indenture as of the date of the Indenture; to make any changes with respect to the rights or obligations of the Trustee or other provisions relating to the Trustee that do not adversely affect the rights of any Holder in any material respect; to make any amendments to the provisions of the Indenture relating to the transfer and legending of notes as permitted by the Indenture, including, without limitation to facilitate the issuance and administration of the notes; provided, however, that (i) compliance with the Indenture as so amended would not result in notes being transferred in violation of the Securities Act or any applicable securities law and (ii) such amendment does not materially and adversely affect the rights of Holders to transfer notes; to amend the Notes Security Documents to add any holders of Priority Lien Obligations to the extent permitted under the Indenture, the Collateral Agency Agreement and any Priority Lien Document then in effect; and to add to the Collateral securing the notes.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture or Indenture, the Notes Notes, the Guarantees, the Collateral Agreements and the Intercreditor Agreement may be amended or supplemented with the consent of the Holders of at least not less than a majority in aggregate principal amount of the then outstanding Notes (includingNotes, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). Any and any existing Default or compliance with any provision of the Supplemental Indenture or Indenture, the Notes (other than any provision relating to Notes, the right of any Holder to bring suit for Guarantees, the enforcement of any payment of principal, premium, if any, any interest on Collateral Agreements and the Note, on or after the scheduled due dates expressed herein) Intercreditor Agreement may be waived, including by way of amendment, waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). Without the consent of any Holder of a Note, the Issuers Indenture, the Notes, the Guarantees, the Collateral Agreements and the Trustee Intercreditor Agreement may amend be amended or supplement the Supplemental Indenture or the Notes supplemented (ia) to cure any ambiguity, mistake, defect or inconsistency, (iib) to add to the covenants of the Company or the Guarantors for the benefit of the Holders, or to surrender any right or power conferred upon the Company or the Guarantors by the Indenture or herein or make any other change that does not materially adversely affect the rights of any Holder; (c) to provide for uncertificated Notes in addition to additional Collateral for or in place additional Guarantors of certificated the Notes, ; (iiid) to evidence the succession of another Person to the Company, and the assumption by any such successor of the obligations of the Company, herein and in the Indenture in accordance with the terms of the Indenture; (e) to comply with the TIA; (f) to evidence the succession of another corporation to any Guarantor and assumption by any such successor of the Guarantee of such Guarantor pursuant to the Indenture; (g) to evidence the release of any Guarantor; (h) to evidence and provide for the acceptance of appointment of a successor Trustee with respect to the Notes; (i) in any other case where a supplemental indenture, or confirm an amendment, supplement or modification to any Collateral Agreement or the issuance Intercreditor Agreement, is required or permitted to be entered into pursuant to the provisions of Additional Notes, the Indenture without the consent of any Holder; or (ivj) to provide for the assumption issuance and authorization of the Issuers' obligations to Holders in the case of a merger or consolidation or sale of all or substantially all of the Issuers' assets, (v) to make any change that would provide any additional rights or benefits to the Holders or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Supplemental Indenture under the TIA or otherwise as necessary to comply with applicable law or (vii) to conform the Supplemental Indenture or the Notes to the “Description of Exchange Notes” section of the Prospectus.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Company and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). Any existing Default or compliance with any provision of the Supplemental Indenture or the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) may be waived, including by way of amendment, with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes Notes, including Additional Notes, if any, voting as a single class (including, without limitation, including consents obtained in connection with a purchase of, of or tender offer or exchange offer forfor the Notes), and, subject to Sections 6.04 and 6.07 of the Indenture, any existing Default or Event of Default (except a continuing Default or Event of Default in the payment of principal, premium, if any, interest on the Notes) or compliance with any provision of the Indenture or the Notes (except for certain covenants and provisions of the Indenture which cannot be amended without the consent of each Holder) may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes, including Additional Notes, if any, then outstanding voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes). Without the consent of any Holder of a NoteHolder, the Issuers Company and the Trustee may amend or supplement the Supplemental Indenture or the Notes to (ia) to cure any ambiguity, mistake, defect or inconsistency, ; (iib) to provide for uncertificated Notes in addition to or in place of certificated Notes, ; (iii) to provide for or confirm the issuance of Additional Notes, (ivc) to provide for the assumption of the Issuers' obligations Company’s Obligations to Holders in the case of a merger or consolidation or sale of all or substantially all of the Issuers' assets, Company’s assets or any other transaction that complies with the Indenture; (vd) to make any change that would provide any additional rights or benefits to the Holders or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, ; (vie) to provide for the issuance of Additional Notes in accordance with the Indenture; (f) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Supplemental Indenture under the TIA TIA; (g) to allow any Guarantor to execute a supplemental indenture and/or a Guarantee with respect to the Notes; (h) to evidence and provide the acceptance of the appointment of a successor trustee under the Indenture; (i) to mortgage, pledge, hypothecate or otherwise grant a security interest in favor of the Trustee for the benefit of the Holders as necessary additional security for the payment and performance of the Company’s or a Guarantor’s Obligations under the Indenture in any property or assets; (j) to comply with the rules of any applicable law Depositary; (k) to release a Guarantor from its Guarantee pursuant to the terms of the Indenture when permitted or required pursuant to the terms of the Indenture; (viil) to conform the Supplemental Indenture text of the Indenture, the Notes or the Notes Guarantees to the corresponding provision of the “Description of Notes” section in the Company’s prospectus related to the Notes to the extent that such provision in the “Description of Notes” was intended to be a substantially verbatim recitation of a provision of the ProspectusIndenture, the Notes or the Guarantees or (m) to comply with Section 5.01 of the Indenture.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Company and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). Any existing Default or compliance with any provision of the Supplemental Indenture or the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) may be waived, including by way of amendment, with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes Notes, including Additional Notes, if any, voting as a single class (including, without limitation, including consents obtained in connection with a purchase of, of or tender offer or exchange offer forfor the Notes), and, subject to Sections 6.04 and 6.07 of the Indenture, any existing Default or Event of Default (except a continuing Default or Event of Default in the payment of principal, premium, if any, interest on the Notes) or compliance with any provision of the Indenture or the Notes (except for certain covenants and provisions of the Indenture which cannot be amended without the consent of each Holder) may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes, including Additional Notes, if any, then outstanding voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes). Without the consent of any Holder of a NoteHolder, the Issuers Company and the Trustee may amend or supplement the Supplemental Indenture or the Notes to (ia) to cure any ambiguity, mistake, defect or inconsistency, ; (iib) to provide for uncertificated Notes in addition to or in place of certificated Notes, ; (iii) to provide for or confirm the issuance of Additional Notes, (ivc) to provide for the assumption of the Issuers' Company’s obligations to Holders in the case of a merger or consolidation or sale of all or substantially all of the Issuers' Company’s assets, ; (vd) to make any change that would provide any additional rights or benefits to the Holders or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, ; (vie) to provide for or confirm the issuance of Additional Notes otherwise permitted to be incurred by the Indenture; (f) to comply with the requirements of the SEC Commission in order to effect or maintain the qualification of the Supplemental Indenture under the TIA TIA; (g) to allow any Guarantor to execute a supplemental indenture and/or a Guarantee with respect to the Notes; (h) to evidence and provide the acceptance of the appointment of a successor trustee under the Indenture; (i) to mortgage, pledge, hypothecate or otherwise grant a security interest in favor of the Trustee for the benefit of the Holders as necessary additional security for the payment and performance of the Company’s or a Guarantor’s obligations; (j) to comply with the rules of any applicable law Depositary; (k) to release a Guarantor from its Guarantee pursuant to the terms of the Indenture when permitted or required pursuant to the terms of the Indenture; or (viil) to conform the Supplemental Indenture text of the Indenture, the Notes or the Notes Guarantees to any provision of the “Description of Notes” section in the Company’s prospectus related to the Notes to the extent that such provision in the “Description of Notes” was intended to be a substantially verbatim recitation of a provision of the ProspectusIndenture, the Notes or the Guarantees.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture Indenture, the Notes or the Notes Note Guarantees may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes including Additional Notes, if any, voting as a single class, and any existing Default or Event of Default or compliance with any provision of the Indenture or the Notes or the Note Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). Any existing Default or compliance with any provision of the Supplemental Indenture or the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) may be waived, including by way of amendment, with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). Without the consent of any Holder of a Note, the Issuers The Guarantors and the Trustee may amend or supplement the Supplemental Indenture or the Notes or the Note Guarantees without the consent of any Holder of Notes: (i) to cure any ambiguity, mistake, defect or inconsistency, ; (ii) to provide for uncertificated Notes in addition to or in place of certificated Notes, ; (iii) to provide for or confirm the issuance of Additional Notes, (iv) to provide for the assumption of the Issuers' Company’s or a Guarantor’s obligations to the Holders in the case of a merger or consolidation or sale of all or substantially all of the Issuers' assets, Notes and Note Guarantees by a successor to the Company or such Guarantor pursuant to Article 5 of the Indenture; (viv) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, ; (viv) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Supplemental Indenture under the TIA or otherwise as necessary to comply with applicable law or TIA; (viivi) to conform the Supplemental text of the Indenture or the Notes to any provision of the “Description of Notes” section of the ProspectusCompany’s Offering Circular, relating to the offering of the Initial Notes, to the extent that such provision in that “Description of Notes” was intended to be a verbatim recitation of a provision of the Indenture, the Note Guarantees or the Notes as certified in an Officer’s Certificate delivered to the Trustee; or (viii) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture as of the date thereof; (ix) to allow any Guarantor to execute a supplemental indenture and/or a Note Guarantee with respect to the Notes; or (x) to release any Guarantor from any of its obligations under its Note Guarantee or the Indenture in accordance with the terms of the Indenture.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions(a) Except as provided below in Section 7(b), the Supplemental Indenture Collateral Agent may, with the written consent of the Required Holders, agree to any amendment or supplement any of the Notes may Note Documents and waive any Default or Event of Default (other than a Default or Event of Default in the payment of the principal or interest on, the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of any of the Note Documents. It is not be amended or supplemented with necessary for the consent of the Holders Noteholders under this Section 7(a) to approve the particular form of any proposed amendment, supplement or waiver, but it is sufficient if such consent approves the substance thereof. After an amendment, supplement or waiver under this Section 7(a) becomes effective, the Collateral Agent will furnish to the Noteholders affected thereby a notice briefly describing the amendment, supplement or waiver. Any failure of the Collateral Agent to mail such notice, or any defect therein, will not, however, in any way impair or affect the validity of any such amendment, supplement or waiver. The Required Noteholders may waive in writing compliance in a particular instance Issuer with any provision any of the Note Documents. (b) However, without the consent of each Noteholder, the Collateral Agent may not agree to an amendment, supplement or waiver under this Section 7 (with respect to any Notes held by a non-consenting Noteholder) to: (i) reduce the principal amount of Notes; (ii) reduce the principal of or change the fixed maturity of any Note; (iii) reduce the rate of or change the time for payment of interest, including default interest, if any on any Note; (iv) waive a Default or Event of Default in the payment of principal of, or premium, if any or interest on, the Notes (except a rescission of acceleration of the Notes approved in writing by the Noteholders of at least a majority in aggregate principal amount of the then outstanding Notes and a waiver of the payment default that resulted from such acceleration); (including, without limitation, consents obtained v) make any Note payable in connection with a purchase money other than that stated in such Note; (vi) make any change in the provisions of this Agreement relating to waivers of past Defaults or the rights of Noteholders to receive payments of principal of, or tender offer interest or exchange offer for, Notes). Any existing Default or compliance with any provision of the Supplemental Indenture or the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) may be waived, including by way of amendment, with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). Without the consent of any Holder of a Note, the Issuers and the Trustee may amend or supplement the Supplemental Indenture or the Notes (i) to cure any ambiguity, mistake, defect or inconsistency, (ii) to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm the issuance of Additional Notes, (iv) to provide for the assumption of the Issuers' obligations to Holders in the case of a merger or consolidation or sale of all or substantially all of the Issuers' assets, (v) to make any change that would provide any additional rights or benefits to the Holders or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Supplemental Indenture under the TIA or otherwise as necessary to comply with applicable law ; or (vii) to conform make any change in the Supplemental Indenture or the Notes to the “Description of Notes” section of the Prospectuspreceding amendment and waiver provisions.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture Indenture, the Notes, any Note Guarantees or the Notes Security Documents may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the Notes then outstanding Notes voting as a single class (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, for the Notes). Any , and, subject to Sections 6.04 and 6.07 of the Indenture, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium, if any, or interest on the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of the Supplemental Indenture Indenture, the Notes, any Note Guarantees or the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) Security Documents may be waived, including by way of amendment, waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes voting as a single class (including, without limitation, consents obtained in connection with the purchase of, tender offer or exchange offer for the Notes). Without the consent of any Holder of Notes, the Indenture, the Notes, any Note Guarantees or the Security Documents may be amended or supplemented any Note Guarantees to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or a Guarantor's obligations to Holders of the Notes in case of a merger, transfer of assets or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the TIA or to add any Guarantor to guarantee the Notes. Without the consent of the Holders of at least two-thirds in principal amount of the Notes then outstanding (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, for the Notes). Without the consent of any Holder of a Note, the Issuers and the Trustee no amendment or waiver to this Indenture may amend or supplement the Supplemental Indenture or the Notes (i) to cure any ambiguity, mistake, defect or inconsistency, (ii) to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm the issuance of Additional Notes, (iv) to provide for the assumption of the Issuers' obligations to Holders in the case of a merger or consolidation or sale of all or substantially all of the Issuers' assets, (v) to make any change in the provisions of the covenants described under Sections 3.09, 4.10 and 4.14 hereof that would provide any additional rights or benefits to the Holders or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Supplemental Indenture under the TIA or otherwise as necessary to comply with applicable law or (vii) to conform the Supplemental Indenture or the Notes to the “Description Holders of Notes” section of the Prospectus.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture Indenture, the Notes or the Notes Subsidiary Guarantees may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount Reduced Principal Amount of the then outstanding Notes (includingNotes, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). Any and any existing Default default or compliance with any provision of the Supplemental Indenture Indenture, the Notes or the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) Subsidiary Guarantees may be waived, including by way of amendment, waived with the consent of the Holders of at least a majority in aggregate principal amount Reduced Principal Amount of the then outstanding Notes (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). Without the consent of any Holder of a Note, the Issuers and Indenture, the Trustee may amend or supplement the Supplemental Indenture Notes or the Notes (i) Subsidiary Guarantees may be amended or supplemented to cure any ambiguity, mistake, defect or inconsistency, (ii) to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm the issuance of Additional Notes, (iv) to provide for the assumption of the Issuers' Company’s or a Guarantor’s obligations to Holders in the case of a merger or consolidation or sale of all or substantially all of the Issuers' assetsNotes pursuant to Article 5 of the Fifth Supplemental Indenture, (v) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, including any increase in the Conversion Rate or other consideration due upon conversion of the Notes (vi) whether or not subject to time limitations or other conditions), as determined in accordance with Section 901 of the Original Indenture (as amended by Section 9.01 of the Fifth Supplemental Indenture), to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Fifth Supplemental Indenture or otherwise, to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, to comply with the requirements of Section 11.11 of the SEC Fifth Supplemental Indenture, to evidence or provide for the acceptance of appointment under the Indenture of a successor Trustee, to add to, change or eliminate any provisions of the Indenture in respect of one or more other series of Securities, to establish the forms or terms of Securities of any other series as permitted by the Indenture, to make provision with respect to adjustments to the Conversion Rate as required by the Fifth Supplemental Indenture or to increase the Conversion Rate in accordance with the Fifth Supplemental Indenture or to make any changes necessary or advisable, in the Company’s sole discretion, in order to effect or maintain the qualification settlement of amounts due pursuant to Section 4.01 of the Fifth Supplemental Indenture under the TIA or otherwise as necessary to comply with applicable law or (vii) to conform the Supplemental Indenture or the Notes to the “Description of Notes” section of the ProspectusIndenture.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture Indenture, the Guaranties or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes voting as a single class (including, without limitation, including consents obtained in connection with a purchase of, or tender offer or exchange offer for, or purchase of, the Notes). Any , and any existing Default or Event of Default (other than a Default or Event of Default in the payment of principal of, premium or Additional Interest, if any, or interest on the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of the Supplemental Indenture Indenture, the Guaranties or the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) may be waived, including by way of amendment, waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes voting as a single class (including, without limitation, including consents obtained in connection with a purchase of, or tender offer or exchange offer for, or purchase of, the Notes). Without the consent of any Holder of a Note, the Issuers and Indenture, the Trustee may amend or supplement the Supplemental Indenture Guaranties or the Notes (i) may be amended or supplemented to cure any ambiguity, mistake, defect or inconsistency, (ii) to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm the issuance of Additional Notes, (iv) to provide for the assumption of the Issuers' Company's or any Guarantor's obligations to Holders of the Notes in the case of a merger or consolidation or sale of all or substantially all of the Issuers' assetsconsolidation, (v) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Supplemental Indenture under the TIA or otherwise as necessary to comply with applicable law or (vii) TIA, to conform the Supplemental Indenture text of Indenture, the Collateral Agreements or the Notes to any provision of the “"Description of Notes” " section of the ProspectusCompany's Offering Memorandum dated December 5, 2003, relating to the initial offering of the Notes, to the extent A1-6 that such provision in that "Description of Notes" was intended to be a verbatim recitation of a provision of the Indenture, the Collateral Agreements or the Notes; to provide for the Issuance of Additional Notes in accordance with the limitations set forth in the Indenture, to allow any Guarantor to execute a supplemental indenture to the Indenture and/or a Guaranty with respect to the Notes, or to comply with the provisions in the Indenture regarding the addition and release of Guarantors.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture Indenture, the Notes or the Notes Note Guarantees may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (includingincluding Additional Notes, without limitationif any, consents obtained in connection with voting as a purchase ofsingle class, and any existing Default or tender offer or exchange offer for, Notes). Any existing Event of Default or compliance with any provision of the Supplemental Indenture or the Notes (other than any provision relating to or the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) Note Guarantees may be waived, including by way of amendment, waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes including Additional Notes, if any, voting as a single class provided that Section 3.08, Section 4.10(d) and Article 5 of the Indenture and any other provision that is subject to the consent of a majority in aggregate principal amount of the outstanding Notes beneficially owned by all of the Designated Noteholders (includingincluding this proviso) may not be amended or supplemented without the consent of a majority in aggregate principal amount of the outstanding Notes beneficially owned by all of the Designated Noteholders and any Default or Event of Default resulting therefrom may not be waived without the consent of a majority in aggregate principal amount of the outstanding Notes beneficially owned by all of the Designated Noteholders. Notwithstanding the preceding, the Company, the Guarantors and the holders of a majority in aggregate principal amount of the outstanding Notes beneficially owned by all of the Designated Noteholders may, without limitationthe consent of any other holder of Notes or the Trustee, consents obtained amend or supplement this Indenture, the Security Documents, the Notes and the Note Guarantees to amend or supplement the provisions under Section 3.08, Section 4.10(d) and Article 5 of the Indenture and any other provision that is subject to the consent of a majority in connection with a purchase ofaggregate principal amount of the outstanding Notes beneficially owned by all of the Designated Noteholders, and the Company, the Guarantors and the Designated Noteholders may, without the consent of any other holder of Notes or tender offer the Trustee, waive any Default or exchange offer for, Notes)Event of Default resulting therefrom. Without the consent of any Holder of a NoteNotes, the Issuers and Indenture, the Trustee may amend or supplement the Supplemental Indenture Notes or the Notes (i) Note Guarantees may be amended or supplemented to cure any ambiguity, mistake, defect or inconsistency, (ii) to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm the issuance of Additional Notes, (iv) to provide for the assumption of the Issuers' Company’s or a Guarantor’s obligations to the Holders in and Note Guarantees by a successor to the case of a merger Company or consolidation or sale of all or substantially all of such Guarantor pursuant to the Issuers' assetsIndenture, (v) to make any change that would provide any additional rights or benefits to the Holders or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Supplemental Indenture under the TIA or otherwise as necessary to comply with applicable law or (vii) TIA, to conform the Supplemental Indenture text of the Indenture, the Notes, the Note Guarantees or the Notes Security Documents to any provision of the “Description of the Notes” section of the ProspectusCompany’s Offering Memorandum dated April [ ], 2016, relating to the initial offering of the Notes, to the extent that such provision in that “Description of the Notes” was intended to be a verbatim recitation of a provision of the Indenture, the Notes, the Note Guarantees or the Security Documents, which intent may be evidenced by an Officers’ Certificate to that effect, to enter into additional or supplemental security documents, to make, complete or confirm any grant of Collateral permitted or required by the Indenture or any Security Documents or any release of collateral that becomes effective as set forth in the Indenture or any Security Documents, to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or to allow any Guarantor to execute a supplemental indenture to the Indenture and/or a Note Guarantee with respect to the Notes.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture Indenture, the Notes or the Notes Note Guarantees may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the Notes then outstanding Notes (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). Any , and any existing Default default or compliance with any provision of the Supplemental Indenture Indenture, the Notes or the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) Note Guarantees may be waived, including by way of amendment, waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). Without the consent of any Holder of a Note, the Issuers Indenture, the Notes and the Trustee Note Guarantees may amend be amended or supplement the Supplemental Indenture or the Notes (i) supplemented to cure any ambiguity, mistake, defect or inconsistency, (ii) to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm the issuance of Additional Notes, (iv) to provide for the assumption of either of the Issuers' ’ or any Guarantor’s obligations to Holders of Notes in the case of a merger or consolidation or sale of all or substantially all of the Issuers' such Issuer’s or such Guarantor’s assets, (v) to make any change that would provide any additional rights or benefits to the Holders of Notes or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Supplemental Indenture under the TIA or otherwise as necessary TIA, to comply with applicable law or (vii) Section 4.18 of the Indenture, to conform the Supplemental Indenture text of the Indenture, the Notes or the Notes Note Guarantees to any provision of the section of the Offering Circular entitled “Description of Notes” to the extent that such provision in the “Description of Notes” section was intended to be a verbatim recitation of a provision of the ProspectusIndenture, the Notes, the Note Guarantees or the Security Documents, to evidence and provide for the acceptance of appointment by a successor Trustee (provided that the successor Trustee is otherwise qualified and eligible to act as such under the Indenture or to provide for a successor or replacement Collateral Trustee under the Security Documents), to provide for the issuance of Additional Notes in accordance with the Indenture, to make, complete or confirm any grant of Collateral permitted or required by the Indenture or any of the Security Documents or any release, termination or discharge of Collateral that becomes effective as set forth in the Indenture or any of the Security Documents, or to grant any Lien for the benefit of the Holders of the Notes. Any amendment to, or waiver of, the provisions of the Indenture or any Security Document that has the effect of releasing all or substantially all of the Collateral from the Liens securing the Notes will require the consent of the Holders of at least 66 2/3% in aggregate principal amount of the Notes then outstanding (but only to the extent any such consent is required under the Collateral Trust Agreement).

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture or the Notes or any Note Guarantees may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, or purchase of, the Notes). Any , and any existing Default or Event or Default (other than a Default or Event of Default in the payment of the principal of, premium, if any, or interest on, the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of the Supplemental Indenture or the Notes (other than any provision relating to or the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) Note Guarantees may be waived, including by way of amendment, waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, or purchase of, the Notes). Without the consent of any Holder of a Note, the Issuers and the Trustee may amend or supplement the Supplemental Indenture or the Notes (i) or the Note Guarantees may be amended or supplemented to cure any ambiguity, mistake, defect or inconsistency, (ii) ; to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm the issuance of Additional Notes, (iv) ; to provide for the assumption of the Issuers' Company’s or a Guarantor’s obligations to Holders in the case of a merger or consolidation or sale of all or substantially all of the Issuers' assets, (v) Notes and Note Guarantees by a successor to the Company or such Guarantor pursuant to Article V or Article X of the Indenture; to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Supplemental Indenture under the TIA or otherwise as necessary to comply with applicable law or (vii) ; to conform the Supplemental Indenture text of the Indenture, the Note Guarantees or the Notes to any provision of the “Description of Notes” section of the ProspectusCompany’s Offering Memorandum dated January 31, 2018, relating to the initial offering of the Notes, to the extent that such provision of the Indenture, the Note Guarantees or the Notes was intended to conform to the text of the “Description of Notes” as evidenced by an Officer’s Certificate; to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture; to allow any Guarantor to execute a supplemental indenture to the Indenture and/or a Note Guarantee with respect to the Notes; or to evidence and provide for the acceptance and appointment under the Indenture of a successor Trustee pursuant to the requirements of the Indenture.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture Indenture, the Notes or the Notes Note Guarantees may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, or purchase of, the Notes). Any , and any existing Default or Event or Default (other than a Default or Event of Default in the payment of the principal of, premium, if any, or interest on, the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of the Supplemental Indenture or the Notes (other than any provision relating to or the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) Note Guarantees may be waived, including by way of amendment, waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, or purchase of, the Notes). Without the consent of any Holder of a Note, the Issuers and the Trustee may amend or supplement the Supplemental Indenture or the Notes (i) or the Note Guarantees may be amended or supplemented to cure any ambiguity, mistake, defect or inconsistency, (ii) ; to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm the issuance of Additional Notes, (iv) ; to provide for the assumption of the Issuers' Company’s or a Guarantor’s obligations to Holders in the case of a merger or consolidation or sale of all or substantially all of the Issuers' assets, (v) Notes and Note Guarantees by a successor to the Company or such Guarantor pursuant to Article V or Article X of the Indenture; to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Supplemental Indenture under the TIA or otherwise as necessary to comply with applicable law or (vii) ; to conform the Supplemental Indenture text of the Indenture, the Note Guarantees or the Notes to any provision of the “Description of Notes” section of the ProspectusCompany’s Offering Memorandum dated July 11, 2019, relating to the initial offering of the Notes, to the extent that such provision of the Indenture, the Note Guarantees or the Notes was intended to conform to the text of the “Description of Notes” as evidenced by an Officer’s Certificate; to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture; to allow any Guarantor to execute a supplemental indenture to the Indenture and/or a Note Guarantee with respect to the Notes, provided any such supplemental indenture may be signed by the Company, the Guarantor providing the Note Guarantee and the Trustee; or to evidence and provide for the acceptance and appointment under the Indenture of a successor Trustee pursuant to the requirements of the Indenture.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture Indenture, the Note Guarantees, the Collateral Documents or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (includingNotes, without limitationvoting as a single class, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). Any and any existing Default default or compliance with any provision of the Supplemental Indenture Indenture, the Note Guarantees, the Collateral Documents or the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) may be waived, including by way of amendment, waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (includingNotes, without limitation, consents obtained in connection with voting as a purchase of, or tender offer or exchange offer for, Notes)single class. Without the consent of any Holder of a Note, the Issuers and Indenture, the Trustee may amend or supplement Note Guarantees, the Supplemental Indenture Collateral Documents or the Notes (i) may be amended or supplemented to cure any ambiguity, mistake, defect or inconsistency, (ii) to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm the issuance of Additional Notes, (iv) to provide for the assumption of either of the Issuers' obligations to Holders of the Notes in the case of a merger or consolidation or sale of all or substantially all of the that Issuers' assets, (v) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) to comply with the requirements of the SEC in order to effect or maintain the A2-8 qualification of the Supplemental Indenture under the TIA Trust Indenture Act or otherwise as necessary to comply enter into additional or supplemental Collateral Documents or an intercreditor agreement with applicable law a Pari Passu Debtholder. Any amendment to, or (vii) waiver of the provisions of any of the Collateral Documents relating to conform Section 4.13 or Article 10 of the Supplemental Indenture or shall require the Notes to consent of the “Description Holders of at least 85% in aggregate principal amount of Notes” section of the Prospectus, then outstanding, voting as a single class.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture Indenture, the Notes or the Notes Note Guarantees may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (includingincluding Additional Notes, without limitationif any, consents obtained in connection with voting as a purchase ofsingle class, and any existing Default or tender offer or exchange offer for, Notes). Any existing Event of Default or compliance with any provision of the Supplemental Indenture or the Notes (other than any provision relating to or the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) Note Guarantees may be waived, including by way of amendment, waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (includingincluding Additional Notes, without limitationif any, consents obtained in connection with voting as a purchase of, or tender offer or exchange offer for, Notes)single class. Without the consent of any Holder of a NoteNotes, the Issuers and Indenture, the Trustee may amend or supplement the Supplemental Indenture Notes or the Notes (i) Note Guarantees may be amended or supplemented to cure any ambiguity, mistakeambiguities, defect or inconsistency, (ii) to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm the issuance of Additional Notes, (iv) to provide for the assumption of the Issuers' Company’s obligations to Holders of Notes in the case of a merger or consolidation or sale of all or substantially all of the Issuers' Company’s assets, (v) to provide for uncertificated Notes in addition to or in place of certificated Notes, to add any Person as a Guarantor of the Notes or secure the Notes or the Note Guarantees, to make any change that would provide any additional rights or benefits to the Holders of Notes or that does not adversely affect in any material respect the legal rights under the Supplemental Indenture of any such Holder, (vi) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Supplemental Indenture under the TIA or otherwise as necessary to comply with applicable law or (vii) TIA, to conform the Supplemental text of the Indenture or the Notes to the descriptions thereof set forth in the “Description of Notes” section of the ProspectusCompany’s Offering Memorandum dated March 19, 2015, relating to the initial offering of the Notes to the extent that the Trustee has received an Officers’ Certificate stating that such text constitutes an unintended conflict with the corresponding provision in such “Description of Notes.”

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture , the Note Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (includingand Additional Notes, without limitationif any, consents obtained in connection with voting as a purchase ofsingle class, or tender offer or exchange offer for, Notes). Any and any existing Default default or compliance with any provision of the Supplemental Indenture , the Note Guarantees or the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) may be waived, including by way of amendment, waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (includingand Additional Notes, without limitationif any, consents obtained in connection with voting as a purchase of, or tender offer or exchange offer for, Notes)single class. Without the consent of any Holder of a Note, the Issuers and Indenture , the Trustee may amend or supplement the Supplemental Indenture Note Guarantees or the Notes (i) may be amended or supplemented to cure any ambiguity, mistake, defect or inconsistencyinconsistency or to make a modification of a formal, (ii) minor or technical nature or to correct a manifest error, to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm comply with the issuance covenant relating to mergers, consolidations and sales of Additional Notesassets, (iv) to provide for the assumption of the Issuers' Company's or Guarantor's obligations to Holders of the Notes in the case of a merger or consolidation or sale of all or substantially all of the Issuers' Company's assets, (v) to add Guarantees with respect to the Notes or to secure the Notes, to add to the covenants of the Company or any Guarantor for the benefit of the Holders of the Notes or surrender any right or power conferred upon the Company or any Guarantor, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Supplemental Indenture under the TIA or otherwise as necessary Trust Indenture Act, to comply with applicable law or (vii) to conform evidence and provide for the Supplemental acceptance and appointment under the Indenture or the Notes of a successor trustee pursuant to the “Description requirements thereof, or to provide for the issuance of Notes” section of the Prospectusexchange or private exchange notes.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject SECTION 7.1. Sections 9.01 and 9.02 of the Base Indenture shall not apply to certain exceptionsthe Notes, and shall be deemed not to be included in the Indenture for the benefit of the Notes. Solely with respect to the Notes and except as provided in Section 7.1(a) and Section 7.1(b), the Supplemental Indenture or (including the Subsidiary Guarantee) and the Notes of any series may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the Notes of such series then outstanding Notes voting as a single class (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). Any existing Default ) and any past default or compliance with any provision of the Supplemental Indenture or the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) provisions may be waived, including by way of amendment, waived with the consent of the Holders of a majority in aggregate principal amount of the Notes of any series then outstanding Notes voting as a single class (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, the applicable Notes). Without . (a) However, without the consent of each Holder of an outstanding note affected of any series, no amendment, supplement or waiver may (with respect to any Notes of such series held by a non-consenting Holder): (i) reduce the principal amount of Notes of such series whose Holders must consent to an amendment, supplement or waiver; (ii) reduce the stated rate of interest or extend the stated time for payment of interest on any Note of such series; (iii) reduce the principal of or extend the Stated Maturity of any Note of such series; (iv) waive a Default or Event of Default in the payment of principal of, premium, if any, or interest on the Notes of such series (except a rescission of acceleration of the Notes by Holders of a majority in aggregate principal amount of the then outstanding Notes of such series with respect to a nonpayment default and a waiver of the payment default that resulted from such acceleration); (v) reduce the premium payable upon the redemption of any note of such series or change the time at which any note of such series may be redeemed under Article III of this Supplemental Indenture whether through an amendment or waiver of provisions in the definitions or otherwise; (vi) make any Note of such series payable in money other than that stated in the Note; (vii) impair the right of any Holder to receive payment of principal, premium, if any, and interest on such ▇▇▇▇▇▇’s Notes of such series on or after the due dates therefor or to institute suit for the enforcement of any payment on or with respect to such ▇▇▇▇▇▇’s Notes; (viii) modify the Subsidiary Guarantee in any manner adverse to the Holders of the Notes of such series; or (ix) make any change in the amendment or waiver provisions that require each Holder’s consent. (b) Notwithstanding the foregoing, without the consent of any Holder of a NoteNotes of any series, the Issuers Company and the Trustee may amend or supplement the Supplemental Indenture or supplement, solely with respect to the Notes of such series, the Indenture (including the Subsidiary Guarantee) and the Notes of such series to: (i) to cure any ambiguity, mistakeomission, defect or inconsistency, ; (ii) to provide for the assumption by a successor entity of the obligations of the Company under the Indenture (as it relates to the Notes of such series) in accordance with Article Eight of the Base Indenture; (iii) provide for or facilitate the issuance of uncertificated Notes in addition to or in place of certificated Notes, Notes (iiiprovided that the uncertificated Notes are issued in registered form for purposes of Section 163(f) to provide for or confirm of the issuance of Additional Notes, Code); (iv) add guarantees with respect to the Notes of such series, or evidence the release of a Guarantor from its guarantees, provide for the assumption by a successor entity of the Issuers' obligations to Holders in the case of a merger or consolidation or sale of all or substantially all Guarantor in accordance with the applicable provisions of the Issuers' assets, Indenture; (v) secure the Notes of such series or any guarantee thereof; (vi) add covenants of the Company or other obligor under the Indenture (as it relates to the Notes of such series), the Notes of such series or the respective guarantees thereof, or Events of Default for the benefit of the Holders of the Notes of such series or the guarantees of such series or to make other changes that would provide additional rights to the Holders of the Notes of such series or to surrender any right or power conferred upon the Company or other such obligor; (vii) make any change that would provide any additional rights or benefits to the Holders or that does not adversely affect the legal or contractual rights of any Holder under the Supplemental Indenture (as it relates to the Notes of any such Holder, series) or the Notes of such series; (viviii) evidence and provide for the acceptance of an appointment under the Indenture (as it relates to the Notes of such series) of a successor trustee; provided that the successor trustee is otherwise qualified and eligible to act as such under the terms of the Indenture (as it relates to the Notes of such series); (ix) provide for the issuance of Additional Notes permitted to be issued under the Indenture (as it relates to the Notes of such series); (x) comply with the requirements rules of any applicable securities depositary; or (xi) conform the text of the SEC in order Indenture (as it relates to effect the Notes of such series or maintain the qualification guarantees of such series), the Notes of such series or the guarantees of such series to any provision of the Supplemental Indenture section of the Company’s Prospectus Supplement dated May 16, 2023 under the TIA or otherwise as necessary to comply with applicable law or (vii) to conform the Supplemental Indenture caption “Description of Notes” or the Notes “Description of Debt Securities” set forth in the accompanying base prospectus to the extent that such provision in the “Description of Notes” section or such “Description of Debt Securities” was intended to be a verbatim recitation of a provision of the ProspectusIndenture (as it relates to the Notes of such series or the guarantees of such series), or the Notes of such a series or the guarantees of such series, which intent shall be established by an Officer’s Certificate. (c) The consent of the Holders is not necessary under the Indenture to approve the particular form of any proposed amendment, supplement or waiver. It is sufficient if such consent approves the substance of the proposed amendment, supplement or waiver. A consent to any amendment, supplement or waiver under the Indenture by any Holder of Notes of any series given in connection with a tender of such Holder’s Notes will not be rendered invalid by such tender. After an amendment, supplement or waiver under the Indenture becomes effective, the Company is required to send to the applicable Holders a notice briefly describing such amendment, supplement or waiver. However, the failure to give such notice to all the Holders of the Notes of such series, or any defect in the notice, will not impair or affect the validity of any amendment, supplement or waiver. In connection with any modification, amendment, supplement or waiver in respect of the Indenture or the Notes, the Company shall deliver to the Trustee an Officers’ Certificate and an Opinion of Counsel, each stating (i) that such modification, amendment, supplement or waiver is authorized or permitted pursuant to the terms of the Indenture or the Notes, as applicable, and (ii) that all related conditions precedent to such modification, amendment, supplement or waiver have been complied with.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture or Indenture, the Notes or any Note Guarantees may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, or purchase of, the Notes). Any , and any existing Default or Event or Default (other than a Default or Event of Default in the payment of the principal of, premium, if any, or interest on, the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of the Supplemental Indenture Indenture, the Notes or the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) Note Guarantees may be waived, including by way of amendment, waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, or purchase of, the Notes). Without the consent of any Holder of a Note, the Issuers and Indenture, the Trustee may amend or supplement the Supplemental Indenture Notes or the Notes (i) Note Guarantees may be amended or supplemented to cure any ambiguity, mistake, defect or inconsistency, (ii) ; to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm the issuance of Additional Notes, (iv) ; to provide for the assumption of the Issuers' Company’s or a Guarantor’s obligations to Holders in the case of a merger or consolidation or sale of all or substantially all of the Issuers' assets, (v) Notes and Note Guarantees by a successor to the Company or such Guarantor pursuant to Article V or Article X of the Indenture; to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Supplemental Indenture under the TIA or otherwise as necessary to comply with applicable law or (vii) ; to conform the Supplemental Indenture text of the Indenture, the Note Guarantees or the Notes to any provision of the “Description of Notes” section of the ProspectusCompany’s Offering Memorandum dated October 7, 2024, relating to the initial offering of the Notes, to the extent that such provision of the Indenture, the Note Guarantees or the Notes was intended to conform to the text of the “Description of Notes” as evidenced by an Officer’s Certificate; to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture; to allow any Guarantor to execute a supplemental indenture to the Indenture and/or a Note Guarantee with respect to the Notes; or to evidence and provide for the acceptance and appointment under the Indenture of a successor Trustee pursuant to the requirements of the Indenture.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the this Supplemental Indenture or the Notes may be amended or supplemented with the consent (which may include consents obtained in connection with a tender offer or exchange offer for Notes) of the Holders of at least a majority in aggregate principal amount of the Notes then outstanding Notes outstanding, and any existing Default or Event of Default (includingother than any continuing Default or Event of Default in the payment of interest on or the principal of the Notes) under, without limitationor compliance with any provision of, the Indenture or this Supplemental Indenture may be waived with the consent (which may include consents obtained in connection with a purchase of, or tender offer or exchange offer for, for Notes). Any existing Default or compliance with any provision of the Supplemental Indenture or the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) may be waived, including by way of amendment, with the consent of the Holders of a majority in aggregate principal amount of the Notes then outstanding Notes (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes)outstanding. Without the consent of any Holder of a NoteHolder, the Issuers Company, the Subsidiary Guarantors and the Trustee may amend or supplement the this Supplemental Indenture or the Notes (i) or waive any provision of the Indenture or this Supplemental Indenture to cure any ambiguity, mistake, defect or inconsistency, (ii) to comply with Section 3.10; to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm the issuance of Additional Notes, (iv) to provide for the assumption of the Issuers' obligations to Holders in the case of a merger or consolidation or sale of all or substantially all of the Issuers' assets, (v) ; to make any change that would provide any additional rights or benefits to the Holders or that does not adversely affect the legal rights under the this Supplemental Indenture of any such Holder; to comply with or qualify the Indenture under the Trust Indenture Act; or to reflect a Subsidiary Guarantor ceasing to be liable on the Subsidiary Guarantees because it is no longer a Subsidiary of the Company. Without the consent of each Holder affected, the Company may not (i) reduce the amount of Notes whose Holders must consent to an amendment, supplement or waiver, (ii) reduce the rate of or change the time for payment of interest, including default interest, on any Note, (iii) reduce the principal of or change the fixed maturity of any Note or alter the provisions with respect to redemption under the "Optional Redemption" section set forth in the Notes or with respect to mandatory offers to repurchase Notes pursuant to Sections 3.01, 3.05 and 3.09 of this Supplemental Indenture, (iv) make any Note payable in money other than that stated in the Note, (v) make any change in the "Waiver of Past Defaults" or "Right of Holders to Receive Payment" sections set forth in the Indenture, (vi) to comply with modify the requirements ranking or priority of the SEC in order to effect Notes or maintain the qualification of the Supplemental Indenture under the TIA or otherwise as necessary to comply with applicable law or any Subsidiary Guarantee, (vii) to conform the Supplemental Indenture release any Subsidiary Guarantor from any of its obligations under its Subsidiary Guarantee or the Notes Indenture otherwise than in accordance with the terms of the Indenture, or (viii) waive a continuing Default or Event of Default in the payment of principal of or interest on the Notes. The right of any Holder to participate in any consent required or sought pursuant to any provision of the Indenture (and the obligation of the Company to obtain any such consent otherwise required from such Holder) may be subject to the “Description requirement that such Holder shall have been the Holder of Notes” section record of any Notes with respect to which such consent is required or sought as of a date identified by the Trustee in a notice furnished to Holders in accordance with the terms of the ProspectusIndenture.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture Indenture, the Notes or the Notes Note Guarantees may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, or purchase of, the Notes). Any , and, subject to Sections 6.04 and 6.07 of the Indenture, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium on, if any, or interest, if any, on, the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of the Supplemental Indenture or the Notes (other than any provision relating to or the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) Note Guarantees may be waived, including by way of amendment, waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, or purchase of, the Notes). Without the consent of any Holder of a NoteNotes, the Issuers and Indenture, the Trustee may amend or supplement the Supplemental Indenture Notes or the Notes (i) Note Guarantees may be amended or supplemented to cure any ambiguity, mistake, defect or inconsistency, (ii) to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm the issuance of Additional Notes, (iv) to provide for the assumption of the Issuers' Company’s or a Guarantor’s obligations to Holders of Notes and Note Guarantees in the case of a merger or consolidation or sale of all or substantially all of the Issuers' Company’s or such Guarantor’s assets, (v) as applicable, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Supplemental Indenture of any such HolderHolder in any material respect, (vi) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Supplemental Indenture under the TIA or otherwise as necessary to comply with applicable law or (vii) to conform the Supplemental Indenture text of the Indenture, the Notes, the Note Guarantees or the Notes Security Documents to any provision of the “Description of Notes” section of the ProspectusCompany’s Offering Memorandum dated May 7, 2014, relating to the initial offering of the Notes, to the extent that such provision in that “Description of Notes” was intended to be a verbatim recitation of a provision of the Indenture, the Notes, the Note Guarantees or the Security Documents, which intent may be evidenced by an Officer’s Certificate to that effect, to enter into additional or supplemental Security Documents, to release Collateral or any Guarantor in accordance with the terms of the Indenture and the Security Documents, to make, complete or confirm any grant of Collateral permitted or required by the Indenture or any of the Security Documents or any release of Collateral that becomes effective as set forth in the Indenture or any of the Security Documents, to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture as of the date of the Indenture, or to allow any Guarantor to execute a supplemental indenture and/or a Note Guarantee with respect to the Notes or to effect the release of a Guarantor from any its obligations under its Note Guarantee or the Indenture to the extent permitted thereby.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture Indenture, the Notes, any Note Guarantee, the Priority Agreement (or any additional intercreditor agreement or priority agreement entered into in accordance with the terms of the Priority Agreement or the Notes Indenture) or any Security Document may be amended or supplemented by the Issuer, the Guarantors and/or the Trustee, as applicable, with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes and issued under the Indenture (including, without limitation, consents obtained Additional Notes, if any) voting as a single class and, subject to Sections 6.04 and 6.07 of the Indenture, any existing Default or Event of Default (other than a continuing Default or Event of Default in connection with a purchase the payment of the principal of, or tender offer or exchange offer forinterest and premium and Additional Amounts, if any, on the Notes). Any existing Default , except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of the Supplemental Indenture Indenture, the Notes, any Note Guarantee, the Priority Agreement (or any additional intercreditor agreement or priority agreement entered into in accordance with the terms of the Priority Agreement or the Notes (other than Indenture) or any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) Security Document may be waived, including by way of amendment, waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, or purchase of, the Notes). Without the consent of any Holder of a NoteHolder, the Issuers Issuer, the Guarantors and the Trustee may amend or supplement the Supplemental Indenture Indenture, the Notes, any Note Guarantee, the Priority Agreement (or any additional intercreditor agreement or priority agreement entered into in accordance with the terms of the Priority Agreement or the Notes (iIndenture) or any Security Document to cure any ambiguity, mistakeomission, defect or inconsistency, (ii) ; to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm the issuance of Additional Notes, (iv) ; to provide for the assumption by a Successor Company or any other Person formed by or surviving any consolidation, merger, amalgamation or combination that would not violate the provisions of Article 5 of the Issuers' Issuer’s or a Guarantor’s obligations to the Holders in the case of a merger or consolidation or sale of all or substantially all of the Issuers' assetsNotes under the Indenture, the Notes, any Note Guarantee, the Priority Agreement (vor any additional intercreditor agreement or priority agreement entered into in accordance with the terms of the Priority Agreement or the Indenture) or any Security Document by a successor to the Issuer or such Guarantor pursuant to Article 5 of the Indenture; to make any change that would provide any additional rights or benefits to the Trustee or the Holders or that does not adversely affect the legal rights under the Supplemental Indenture of any such HolderHolder under the Indenture, (vi) to comply with the requirements extent such change would not violate the provisions of the SEC in order to effect or maintain the qualification Indenture (including without limitation Section 4.22 of the Supplemental Indenture Indenture) or any secured party under the TIA or otherwise as necessary to comply with applicable law or (vii) Security Documents; to conform the Supplemental Indenture text of the Indenture, the Notes, a Note Guarantee, the Priority Agreement (or any additional intercreditor agreement or priority agreement entered into in accordance with the terms of the Priority Agreement or the Notes Indenture) or any Security Document to any provision of the “Description of Notes” section of the ProspectusOffering Memorandum, to the extent that such provision in that “Description of Notes” was intended to be a verbatim recitation of a provision of the Indenture, the Notes, a Note Guarantee, the Priority Agreement or any Security Document; to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture as of the date hereof; to allow any Guarantor to execute a Supplemental Indenture, Security Document and/or a Note Guarantee with respect to the Notes; to the extent necessary to provide for the granting of a security interest for the benefit of any Person, provided that the granting of such security interest is not prohibited under the Indenture; or to evidence and provide for a successor Trustee as provided for in the Indenture. For the avoidance of doubt, the provisions of articles 86 to 94-8 of the Luxembourg act dated 10 April 1915 on commercial companies, as amended, shall not apply to this Note.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptionsUnder the Class A Indenture, the Supplemental Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). Any existing Default or compliance with any provision of the Supplemental Indenture or the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) may be waived, including by way of amendment, with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). Without the consent of any Holder of a Note, the Issuers Jamboree LLC and the Class A Trustee may amend or supplement the Supplemental Class A Indenture, the Class A Notes and any other operative document under the Class A Indenture or without the consent of any holder of Class A Notes (i) to cure any ambiguity, mistake, defect or inconsistency, (ii) to ; provide for uncertificated Class A Notes in addition to or in place of certificated Class A Notes, (iii) to ; provide for or confirm the issuance of Additional Notes, (ivi) to provide for the assumption of the Issuers' Jamboree LLC's obligations to Holders the holders of the Class A Notes in the case of a merger or consolidation consolidation, and (ii) certain amendments to the Collateral Documents expressly called for therein; to execute and deliver any documents necessary or sale of all or substantially all of appropriate to release liens on any collateral with respect to the Issuers' assets, (v) Class A Indenture as permitted by the Class A Indenture; to make any change that would provide any additional rights or benefits to the Holders holders of the Class A Notes or that does not materially adversely affect the legal rights under the Supplemental Class A Indenture of any such Holder, (vi) holder of the Class A Notes; to comply with the requirements of the SEC Securities and Exchange Commission in order to effect or maintain the qualification of the Supplemental Class A Indenture under the TIA Trust Indenture Act of 1939, as amended; or otherwise as necessary to comply evidence or effect the pledge of additional or substitute collateral with applicable law respect to the Class A Indenture. Under the Class A Indenture, Jamboree LLC and the Class A Trustee may amend or supplement the Class A Indenture, the Class A Notes, or any amended or supplemental Indenture with the written consent of holders of not less than 51% in principal amount of the Class A Notes (vii"Required Holders") and, subject to conform the Supplemental rights of holders of the Class A Notes to receive payment of principal of and interest on the Class A Notes, any existing Default or Event of Default and its consequences or compliance with any provision of the Class A Indenture or the Class A Notes may be waived with the consent of the holders of not less than 25% in principal amount of the Class A Notes outstanding on the date of determination. Jamboree LLC and the Class A Trustee may, with the consent of holders of not less than 66 2/3% in principal amount of each of the Class A Notes and the Class B Notes, respectively, outstanding on the date of determination, directly or indirectly release liens on all or substantially all of the collateral with respect to the “Description Class A Indenture except in connection with a Triggering Event. Jamboree LLC and the Class A Trustee may, with the consent of Notes” section holders of the Prospectusprincipal amount of the Class A Notes whose holders must consent to an amendment, supplement or waiver, reduce such principal amount with respect to such amendment, supplement or waiver. Without the consent of each holder of the Class Notes affected, however, an amendment or waiver may not (with respect to any Class A Notes held by a nonconsenting holder of the Class A Notes): reduce the principal of or change the fixed maturity of any Class A Note or reduce the redemption price of the Class A Notes; reduce the rate of or change the time for payment of interest on any Class A Note; waive a Default or Event of Default in the payment of principal of or interest on the Class A Notes (except a rescission of acceleration of the Class A Notes by the Required Holders and a waiver of the payment default that resulted from such acceleration); make any Class A Note payable in money other than that stated in the Class A Notes; make any change in certain sections of the Class A Indenture with respect to amendments and payments of principal and interest; or waive a redemption payment with respect to any Class A Note. DEFEASANCE OF THE CLASS A INDENTURE. Jamboree LLC will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes when Jamboree LLC irrevocably deposits with the Class A Trustee cash or non-callable governmental securities sufficient to pay and discharge the Class A Notes, Jamboree LLC has delivered to the Class A Trustee an opinion of counsel confirming that the holders of the outstanding Class A Notes will not recognize income, gain or loss for federal income tax purposes as a result of such defeasance and will be subject to federal income tax on the same amounts, in the same manner and at the same times as would have been the case if the defeasance of the Class A Notes had not occurred and Jamboree LLC meets certain other conditions set forth in the Class A Indenture.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture or the Notes may be amended or supplemented with With the consent of the Holders holders of at least not less than a majority in aggregate principal amount at Stated Maturity of the then outstanding Notes (including, without limitation, including consents obtained in connection with a purchase of, or tender offer or exchange offer for, for the Notes). Any existing Default , the Company, the Subsidiary Guarantors, if any, and the Trustee may enter into one or compliance with more indentures supplemental to the Indenture for the purpose of adding any provision provisions to or changing in any manner or eliminating any of the Supplemental provisions of the Indenture or of modifying in any manner the Notes rights of the holders; provided that no such supplemental indenture may, among other things, without the consent of the Holder of each outstanding Note affected thereby, (other than a) change the Stated Maturity of the principal of, or any provision relating to installment of interest on, any Note, or reduce the principal amount thereof (or premium, if any), or the interest thereon that would be due and payable thereon, or change the place of payment where, or the coin or currency in which, any Note or any premium or interest thereon is payable, or impair the right of any Holder to bring institute suit for the enforcement of any such payment on or after the Stated Maturity thereof, (b) reduce the percentage in principal amount at Stated Maturity of principalthe outstanding Notes, premiumthe consent of whose Holders is necessary for any such supplemental indenture or required for any waiver of compliance with certain provisions of the Indenture, or certain Defaults thereunder, (c) modify the Obligations of the Company to make offers to purchase Notes upon a Change of Control or from the proceeds of Asset Sales, (d) subordinate in right of payment the Notes or the Subsidiary Guarantees, if any, to any interest on other Indebtedness, (e) amend, supplement or otherwise modify the Note, on or after the scheduled due dates expressed herein) may be waived, including by way of amendment, with the consent provisions of the Holders of a majority Indenture relating to Subsidiary Guarantees or (f) make any changes in aggregate principal amount Sections 6.4 or 6.7 of the then outstanding Notes (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). Without the consent of any Holder of a Note, the Issuers and the Trustee may amend or supplement the Supplemental Indenture or the Notes (i) to cure modify any ambiguity, mistake, defect or inconsistency, (ii) to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm the issuance of Additional Notes, (iv) to provide for the assumption of the Issuers' obligations provisions of this clause (except to Holders in the case of a merger increase any percentage set forth therein or consolidation or sale of all or substantially all of the Issuers' assets, (v) to make any change that would provide any additional rights or benefits to the Holders or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Supplemental Indenture under the TIA or otherwise as necessary to comply with applicable law or (vii) to conform the Supplemental Indenture or the Notes to the “Description of Notes” section of the Prospectusherein).

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture or the Notes or the Note Guarantees may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (includingincluding Additional Notes, without limitationif any, consents obtained in connection with voting as a purchase ofsingle class, and any existing Default or tender offer Event or exchange offer for, Notes). Any existing Default or compliance with any provision of the Supplemental Indenture or the Notes (other than any provision relating to or the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) Note Guarantees may be waived, including by way of amendment, waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (includingincluding Additional Notes, without limitationif any, consents obtained in connection with voting as a purchase of, or tender offer or exchange offer for, Notes)single class. Without the consent of any Holder of a Note, the Issuers and Indenture, the Trustee may amend or supplement the Supplemental Indenture Notes or the Notes Note Guarantees, the Intercreditor Agreement or the security Documents may be amended or supplemented (i) to cure any ambiguity, mistake, defect or inconsistencyinconsistency determined in good faith by the Issuer, (ii) to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm the issuance of Additional Notes, (iv) to provide for the assumption of the Issuers' Issuer’s or a Guarantor’s obligations to Holders of the Notes and Note Guarantees in the case of a merger or consolidation or sale of all or substantially all of the Issuers' Issuer’s or such Guarantor’s assets, as applicable, and the corresponding release of the Issuer’s or the Guarantor’s obligations under the Indenture, (viv) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (v) to provide for the accession or succession of any parties to the Intercreditor Agreement or the Security Documents (and other amendments that are administrative or ministerial in nature), whether or not in connection with an amendment, renewal, extension, substitution, refinancing, restructuring, replacement, supplementing or other modification from time to time of the Credit Agreement, the Notes or Other Second-Lien Obligations or any other agreement or action that is not prohibited by the Indenture, (vi) to provide for the release of Collateral in accordance with the terms of the Indenture, the Intercreditor Agreement and the Security Documents, (vii) to expand the Collateral or grant additional liens securing the Notes or the Note Guarantees, (viii) to evidence and provide the acceptance of the appointment of a successor trustee under the indenture or successor collateral agent, (ix) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Supplemental this Indenture under the TIA or otherwise as necessary to comply with applicable law or TIA, (viix) to conform the Supplemental Indenture or text of the Notes Indenture, the Note Guarantees, the Notes, the Intercreditor Agreement and the Security Documents to any provision of the “Description of Notes” section included as Annex B to the Offering Memorandum (as modified by the “Summary of the ProspectusNotes” included as Annex A to the Offering Memorandum) to the extent that such provisions were intended by the Issuer, as confirmed in an Officers’ Certificate, to be a recitation of a provision of the Indenture, the Note Guarantees, the Notes, the Intercreditor Agreement and the Security Agreement, (xi) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (xii) to allow any Guarantor to execute a supplemental indenture to the Indenture and/or a Note Guarantee with respect to the Notes and to release Guarantors from the Note Guarantee in accordance with the terms of the Indenture, or (xiii) to secure any First Priority Lien Obligations or Other Second-Lien Obligations to the extent permitted under the Indenture and the Security Documents.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture or the Notes or the Guarantees may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (includingincluding Additional Notes, without limitationif any, consents obtained in connection with voting as a purchase ofsingle class, and any existing Default or tender offer Event or exchange offer for, Notes). Any existing Default or compliance with any provision of the Supplemental Indenture or the Notes (other than any provision relating to or the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) Guarantees may be waived, including by way of amendment, waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (includingincluding Additional Notes, without limitationif any, consents obtained in connection with voting as a purchase of, or tender offer or exchange offer for, Notes)single class. Without the consent of any Holder of a Note, the Issuers and the Trustee may amend or supplement the Supplemental Indenture or the Notes (i) or the Guarantees may be amended or supplemented to cure any ambiguity, mistake, defect or inconsistencyinconsistency as evidenced in an Officers’ Certificate, (ii) to provide for uncertificated Notes or Guarantees in addition to or in place of certificated NotesNotes or Guarantees, (iii) to provide for or confirm the issuance of Additional Notes, (iv) to provide for the assumption of the Issuers' Company’s or a Guarantor’s obligations to the Holders of the Notes and Guarantees in the case of a merger or merger, consolidation or sale disposition of all or substantially all of the Issuers' assets, (v) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not materially adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Supplemental Indenture under the TIA or otherwise as necessary TIA, to comply with the requirements of applicable law Gaming Laws or (vii) to provide for requirements imposed by applicable Gaming Authorities, to conform the Supplemental Indenture or the Notes to the “Description of Notes” section relating to the issuance of the ProspectusNotes issued on the Issue Date, to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture as of November 26, 2021, to allow any Guarantor to execute a supplemental indenture to the Indenture and/or a Notation of Guaranty with respect to the Notes, or to provide for the acceptance or appointment of a successor Trustee.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). Any existing Default or compliance with any provision of the Supplemental Indenture or the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) may be waived, including by way of amendment, with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). Without the consent of any Holder of a Note, the Issuers and the Trustee may amend or supplement the Supplemental Indenture or the Notes (i) to cure any ambiguity, mistake, defect or inconsistency, (ii) to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm the issuance of Additional Notes or the Exchange Notes, (iv) to provide for the assumption of the Issuers' obligations to Holders in the case of a merger or consolidation or sale of all or substantially all of the Issuers' assets, (v) to make any change that would provide any additional rights or benefits to the Holders or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Supplemental Indenture under the TIA or otherwise as necessary to comply with applicable law or (vii) to conform the Supplemental Indenture or the Notes to the “Description of Notes” section of the Prospectus.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture or the Subordinated Notes may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the Subordinated Notes then outstanding Notes (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Subordinated Notes). Any , and subject to Sections 6.04 and 6.07 of the Indenture any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premiums on, if any, interest on or Liquidated Damages on, if any, the Subordinated Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of the Supplemental Indenture or the Subordinated Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) may be waived, including by way of amendment, waived with the consent of the Holders of a majority in aggregate principal amount of the A1-5 then outstanding Subordinated Notes (including, without limitation, consents obtained in connection with voting as a purchase of, or tender offer or exchange offer for, Notes)single class. Without the consent of any Holder of a NoteSubordinated Notes, the Issuers Indenture or the Subordinated Notes may be amended or supplemented by the Company and the Trustee may amend or supplement the Supplemental Indenture or the Notes (i) to cure any ambiguity, mistake, defect or inconsistency, (ii) to provide for uncertificated Subordinated Notes in addition to or in place of certificated Subordinated Notes, (iii) to provide for or confirm the issuance of Additional Notes, (iv) to provide for the assumption of the Issuers' Company's obligations to Holders of the Subordinated Notes in the case of a merger or consolidation or sale of all or substantially all of the Issuers' Company's assets, (v) to make any change that would provide any additional rights or benefits to the Holders of the Subordinated Notes or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) Holder or to comply with the requirements of the SEC Commission in order to effect or maintain the qualification of the Supplemental Indenture under the TIA or otherwise as necessary to comply with applicable law or (vii) to conform the Supplemental Trust Indenture or the Notes to the “Description of Notes” section of the ProspectusAct.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture or the Notes may be amended or supplemented with With the consent of the Holders of at least not less than a majority in aggregate principal amount of the then outstanding Secured Notes (including, without limitation, including consents obtained in connection with a purchase of, or tender offer or exchange offer for, for the Secured Notes). Any existing Default , the Issuer, the Company, the Subsidiary Guarantors, if any, and the Trustee may enter into one or compliance with more indentures supplemental to the Indenture for the purpose of adding any provision provisions to or changing in any manner or eliminating any of the Supplemental provisions of the Indenture or of modifying in any manner the rights of the holders; provided that no such supplemental indenture may, among other things, without the consent of the Holder of each outstanding Secured Noted affected thereby, (i) reduce the amount Secured Notes whose Holders must consent to an amendment, (ii) reduce the rate of or extend the time for payment of interest on any Secured Note or any Issuer Loan, (iii) reduce the principal of or extend the Stated Maturity of any Secured Note or any Issuer Loan, (iv) modify the obligations of Issuer to make mandatory redemptions or otherwise reduce the premium payable upon the redemption of any Secured Note or change the time at which any Secured Note may be or is required to be redeemed as described under the covenant described in the paragraphs 6, 7 and 8 above, (v) modify the obligations of the Company to make mandatory repayments or change the time at which an Issuer Loan may be or is required to be repaid under the covenant described in the paragraphs 7 and 8 above, (vi) make any Secured Note payable in money other than any provision relating to that stated in the Secured Note, (vii) impair the right of any Holder of the Secured Notes to bring receive payment of principal of and interest on such Holder's Secured Notes on or after the due dates therefor or to institute suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after with respect to such Holder's Secured Notes, (viii) make any change in the scheduled due dates expressed hereinamendment provisions which require each Holder's consent or in the waiver provisions, (ix) may be waived, including by way make any change in the Guarantee or any Security Agreement or Issuer Loan Agreement that would adversely affect the Noteholders or terminate the Lien of amendment, with the consent of Indenture or any Security Agreement on any property at any time subject thereto or deprive the Holders of a majority in aggregate principal amount the security afforded by the Lien of the then outstanding Notes (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). Without the consent of any Holder of a Note, the Issuers and the Trustee may amend or supplement the Supplemental Indenture or the Notes (i) to cure any ambiguity, mistake, defect Security Agreements or inconsistency, (ii) to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm the issuance of Additional Notes, (iv) to provide for the assumption Issuer of the Issuers' obligations to Holders in Liens securing the case of a merger or consolidation or sale of all or substantially all of the Issuers' assets, (v) to make any change that would provide any additional rights or benefits to the Holders or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Supplemental Indenture under the TIA or otherwise as necessary to comply with applicable law or (vii) to conform the Supplemental Indenture or the Notes to the “Description of Notes” section of the ProspectusIssuer Loans.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture Indenture, the Notes or the Notes Note Guarantees may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (includingNotes, without limitationincluding Additional Notes, consents obtained in connection with if any, voting as a purchase ofsingle class, or tender offer or exchange offer for, Notes). Any and any existing Default or compliance with any provision of the Supplemental Indenture Indenture, the Notes or the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) Note Guarantees may be waived, including by way of amendment, waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (includingNotes, without limitationincluding Additional Notes, consents obtained in connection with if any, voting as a purchase of, or tender offer or exchange offer for, Notes)single class. Without the consent of any Holder of a Note, the Issuers and Indenture, the Trustee may amend or supplement the Supplemental Indenture Notes or the Notes (i) Note Guarantees may be amended or supplemented to cure any ambiguity, mistake, defect or inconsistencyinconsistency in a manner that does not adversely affect the interests of the Holders, (ii) to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) ; to provide for or confirm a successor Trustee under the issuance of Additional NotesIndenture, (iv) to provide for the assumption of the Issuers' Company’s or a Guarantor’s obligations to the Holders of the Notes by a successor to the Company in accordance with the provisions in the case of a merger or consolidation or sale of all or substantially all of the Issuers' assetsIndenture, (v) to make any change that would provide any additional rights or benefits to any or all of the Holders or that does not adversely affect of the legal rights under the Supplemental Indenture of any such HolderNotes, (vi) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Supplemental this Indenture under the TIA TIA, to secure the Notes, to increase the Conversion Rate or otherwise reduce the Conversion Price, provided that the increase or reduction, as necessary to comply the case may be, is in accordance with applicable law the terms of this Indenture or (vii) will not adversely affect the interests of the Holders of the Notes, or to conform the Supplemental Indenture text of the Indenture, the Notes or the Notes Note Guarantee to the “Description of Notes” section of the Prospectusany provision that was meant to be a verbatim description thereof as originally communicated to investors.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture Indenture, the Escrow Agreement or the Notes or the Note Guarantees may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, or purchase of, the Notes). Any , and any existing Default or Event or Default (other than a Default or Event of Default in the payment of the principal of, premium, if any, or interest on, the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of the Supplemental Indenture Indenture, the Escrow Agreement or the Notes (other than any provision relating to or the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) Note Guarantees may be waived, including by way of amendment, waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, or purchase of, the Notes). Without the consent of any Holder of a Note, the Issuers and Indenture, the Trustee may amend or supplement the Supplemental Indenture Escrow Agreement or the Notes (i) or the Note Guarantees may be amended or supplemented to cure any ambiguity, mistake, defect or inconsistency, (ii) ; to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm the issuance of Additional Notes, (iv) ; to provide for the assumption of the Issuers' Company’s or a Guarantor’s obligations to Holders in the case of a merger or consolidation or sale of all or substantially all of the Issuers' assets, (v) Notes and Note Guarantees by a successor to the Company or such Guarantor pursuant to Article V or Article X of the Indenture; to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Supplemental Indenture under the TIA or otherwise as necessary to comply with applicable law or (vii) ; to conform the Supplemental Indenture text of the Indenture, the Escrow Agreement, the Note Guarantees or the Notes to any provision of the “Description of Notes” section of the ProspectusCompany’s Offering Memorandum dated December 5, 2017, relating to the initial offering of the Notes, to the extent that such provision of the Indenture, the Escrow Agreement, the Note Guarantees or the Notes was intended to conform to the text of the “Description of Notes” as evidenced by an Officer’s Certificate; to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture; to allow any Guarantor to execute a supplemental indenture to the Indenture and/or a Note Guarantee with respect to the Notes; or to evidence and provide for the acceptance and appointment under the Indenture of a successor Trustee pursuant to the requirements of the Indenture.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions(a) Except as provided below in this Section 7.11, the Supplemental Indenture or the Notes this Note may be amended or supplemented with the consent of the Holders Company and the Majority PIK Noteholders, and any existing Default or Event of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). Any existing Default or compliance with any provision of the Supplemental Indenture or the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) this Note may be waived, including by way of amendment, waived with the consent of the Company and the Majority PIK Noteholders (and/or any acceleration of the amounts owing under this Note pursuant to Section 5.2 rescinded and annulled), even if, for the avoidance of doubt, the Holder of this Note does not consent thereto. In connection with any approved amendment of this Note, the Holder of this Note shall promptly surrender the same to the Company for cancellation, and the Company shall upon receipt thereof promptly issue in favor of the Holder an amended Note in exchange therefor, such amended Note to contain the approved amendments but to be on terms otherwise identical to this Note and upon the issue of such amended Note, this Note shall be deemed null and void with no further action required on the part of the Company or the Holder. After an amendment, supplement or waiver under this Section 7.11 becomes effective, the Company shall mail to the holders of PIK Notes affected thereby a notice briefly describing the amendment, supplement or waiver. Any failure of the Company to mail such notice, or any defect therein, shall not, however, in any way impair or affect the validity of any such amendment, supplement or waiver. The Majority PIK Noteholders may waive compliance in a particular instance by the Company with any provision of this Note. However, without the consent of each Holder of a PIK Note affected, an amendment or waiver under this Section 7.11 may not (with respect to any PIK Notes held by a non-consenting Holder): (i) reduce or forgive or change the time for payment of the principal amount of PIK Notes; (ii) reduce or forgive the principal of, or change any date fixed for the payment of any amounts in respect of , any PIK Note; (iii) reduce the rate of or change the time for payment of interest on any PIK Note; (iv) waive a Default or Event of Default in the payment of principal of, or interest on, the Note (except a rescission of acceleration of the Note by the Majority PIK Noteholders and a waiver of the payment default that resulted from such acceleration); (v) make any change in the provisions of this Note relating to waivers of past Defaults or the rights of the Holder of this Note to receive payments of principal of, or interest on, the Note; (vi) amend, change or modify the obligation of the Company to make and consummate an Offer to Purchase pursuant to Section 3.6(d) in accordance therewith after the obligation to make such an Offer to Purchase has arisen, or the obligation of the Company to make and consummate a Change of Control Offer in the event of a Change in Control in accordance with Section 3.9 after such Change of Control has occurred, including, in each case, amending, changing or modifying any definition relating thereto; provided that, with respect to any amendment, change or modification of Section 3.9 (or any definition relating thereto) prior to the occurrence of such Change of Control, such amendment, change or modification must be approved by Holders of a majority in 66 2/3% of the aggregate principal amount of the PIK Notes then outstanding Notes outstanding; or (includingvii) make any change in the foregoing amendment and waiver provisions. (b) Until an amendment, without limitationsupplement or waiver becomes effective, consents obtained in connection with a purchase ofconsent to it by the Holder of this Note is a continuing consent by such Holder and every subsequent Holder of a this Note or portion thereof, or tender offer or exchange offer for, Notes). Without even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to its Note if the Company receives written notice of revocation before the date the Majority PIK Noteholders agree thereto. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds the Holder, even if the Holder has not consented thereto. (c) The Company may place an appropriate notation about an amendment, supplement or waiver on any Note thereafter issued by it, and at the written request of any Holder of a NotePIK Note shall issue such Holder a replacement PIK Note that reflects the amendment, the Issuers and the Trustee may amend supplement or supplement the Supplemental Indenture or the Notes (i) to cure any ambiguity, mistake, defect or inconsistency, (ii) to provide for uncertificated Notes in addition to or in place waiver. Lack of certificated Notes, (iii) to provide for or confirm the issuance of Additional Notes, (iv) to provide for the assumption of the Issuers' obligations to Holders in the case of a merger or consolidation or sale of all or substantially all of the Issuers' assets, (v) to make any change that would provide any additional rights or benefits to the Holders or that does not adversely affect the legal rights under the Supplemental Indenture notation of any such Holderamendment, (vi) to comply with supplement or waiver, or issuance of a new Note reflecting any such amendment, supplement or waiver, shall not affect the requirements validity and effect of the SEC in order to effect any such amendment, supplement or maintain the qualification of the Supplemental Indenture under the TIA or otherwise as necessary to comply with applicable law or (vii) to conform the Supplemental Indenture or the Notes to the “Description of Notes” section of the Prospectuswaiver.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). Any existing Default or compliance with any provision of the Supplemental Indenture or the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) may be waived, including by way of amendment, with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). Without the consent of any Holder of a Note, the Issuers and the Trustee may amend or supplement the Supplemental Indenture or the Notes (i) to cure any ambiguity, mistake, defect or inconsistency, (ii) to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm the issuance of Additional NotesNotes or the Exchange Notes pursuant to the Registration Rights Agreement, (iv) to provide for the assumption of the Issuers' ’ obligations to Holders in the case of a merger or consolidation or sale of all or substantially all of the Issuers' ’ assets, (v) to make any change that would provide any additional rights or benefits to the Holders or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Supplemental Indenture under the TIA or otherwise as necessary to comply with applicable law law, (vii) to make any change in the provisions of the Indenture relating to waivers of past Defaults or the rights of holders of Notes to receive payments of principal of, or premium, if any, or interest or Special Interest, if any, on the Notes or (vii) to conform the Supplemental Indenture or the Notes to the “Description of Notes” section of the ProspectusOffering Memorandum.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture Indenture, the Note Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes Notes, (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). Any , and any existing Default or Event of Default compliance with any provision of the Supplemental Indenture Indenture, the Note Guarantees or the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) may be waived, including by way of amendment, waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any), voting as a single class (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). Without the consent of any Holder of a Note, the Issuers and Indenture, the Trustee may amend or supplement Note Guarantees, the Supplemental Indenture Notes, the Intercreditor Agreement or the Notes (i) Security Documents may be amended or supplemented to cure any ambiguity, mistake, defect or inconsistency, (ii) to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm the issuance of Additional Notes, (iv) to provide for the assumption of the Issuers' Company’s or a Guarantor’s obligations to the Holders of the Notes and Note Guarantees in the case of a merger or consolidation or sale of all or substantially all of the Issuers' Company’s or such Guarantor’s assets, (v) as applicable, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Supplemental Indenture of any such HolderHolder under the Indenture, (vi) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Supplemental Indenture under the TIA or otherwise as necessary to comply with applicable law or (vii) TIA, to conform the Supplemental Indenture text of the Indenture, the Notes, the Note Guarantees, the Intercreditor Agreement or the Notes Security Documents to any provision of the “Description of Notes” section of the ProspectusOffering Circular to the extent that such provision in that “Description of Notes” was intended to be a verbatim recitation of a provision of the Indenture, the Notes, the Note Guarantees, the Intercreditor Agreement or the Security Documents, which intent shall be evidenced by an Officers’ Certificate to that effect, to add a Guarantor or to provide for the Guarantee of the Company’s Obligations under the Notes by Parent or any direct or indirect parent company of the Company, to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture as of the date hereof, to make, complete or confirm any grant of Shared Collateral permitted or required by the Indenture, the Intercreditor Agreement or any of the Security Documents or any release, termination or discharge of Shared Collateral that becomes effective as set forth in the Indenture, the Intercreditor Agreement or any of the Security Documents or to grant any Lien for the benefit of the Holders of the Notes.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture Indenture, the Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (includingvoting as a single class, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). Any and any existing Default default or compliance with any provision of the Supplemental Indenture, the Guarantees or the Notes or compliance with any provision of the Indenture or the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) may be waived, including by way of amendment, waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, consents obtained in connection with voting as a purchase of, or tender offer or exchange offer for, Notes)single class. Without the consent of any Holder of a Note, the Issuers and the Trustee may amend or supplement the Supplemental Indenture or the Notes (i) may be amended or supplemented to cure any ambiguity, mistake, defect or inconsistency, (ii) to ; provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm the issuance of Additional Notes, (iv) to ; provide for the assumption of the Issuers' obligations of the Company or any Guarantor to Holders of Notes in the case of a merger or consolidation or sale of all or substantially all of their assets in accordance with the Issuers' assets, (v) to Indenture; make any change that would provide any additional rights or benefits to the Holders of Notes or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) to ; provide for the issuance of Additional Notes in accordance with the provisions set forth in the Indenture; evidence and provide for the acceptance of an appointment of a successor trustee; comply with the requirements of the SEC Commission in order to effect or maintain the qualification of the Supplemental Indenture under the TIA TIA; secure the Notes; add to the covenants of the Company and its Restricted Subsidiaries for the benefit of Holders or otherwise as necessary to comply surrender any rights or power conferred in the Indenture upon the Company and its Restricted Subsidiaries; provide for additional Guarantors, or to release a Guarantor, in each case, in accordance with applicable law the terms of the Indenture; or (vii) to conform the Supplemental Indenture text of the Indenture, the Guarantees or the Notes to any provision of the “Description of Notesnotes” section of the ProspectusOffering Memorandum.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptionsexceptions and the Collateral Trust Agreement, the Supplemental Indenture or Indenture, the Subsidiary Guarantees and the Notes may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the Notes then outstanding Notes (including, without limitation, including consents obtained in connection with a purchase of, or tender offer or exchange offer forfor Notes) voting as a single class, Notes). Any and any existing Default default or compliance with any provision of the Supplemental Indenture Indenture, the Subsidiary Guarantees or the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) may be waived, including by way of amendment, waived with the consent of the Holders of a majority in aggregate principal amount of the Notes then outstanding Notes (including, without limitation, consents obtained in connection with voting as a purchase of, or tender offer or exchange offer for, Notes)single class. Without the consent of any Holder of a NoteHolder, the Issuers Indenture, the Subsidiary Guarantees and the Trustee Notes may amend be amended or supplement the Supplemental Indenture or the Notes (i) supplemented to cure any ambiguity, mistake, defect or inconsistency, (ii) to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm the issuance of Additional Notes, (iv) to provide for the assumption of the Issuers' Company's or any Guarantor's obligations to Holders of the Notes in the case ease of a merger or consolidation or sale of all or substantially all of the Issuers' assetsconsolidation, (v) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Supplemental Indenture under the TIA Trust Indenture Act, to make, complete or otherwise confirm any grant of Collateral permitted or required by the Indenture or any of the Security Documents or any release of Collateral that becomes effective as necessary to comply with applicable law or (vii) set forth in the Indenture and the Security Documents, to conform the Supplemental Indenture text of the Indenture, the Subsidiary Guarantees, the Security Documents or the Notes to any provision of the “Description of Notes” section Notes in the Offering Memorandum to the extent such provision of the ProspectusDescription of Notes in the Offering Memorandum was intended to be a verbatim recitation of a provision of the Indenture, the Subsidiary Guarantees, the Security Documents or the Notes, or to allow any Guarantor to execute a supplemental indenture in the form of Exhibit G to the Indenture and/or a Note Guarantee with respect to the Notes.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture Indenture, the Notes or the Notes Note Guarantees may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (includingincluding Additional Notes, without limitationif any, consents obtained in connection with voting as a purchase ofsingle class, and any existing Default or tender offer or exchange offer for, Notes). Any existing Event of Default or compliance with any provision of the Supplemental Indenture or the Notes (other than any provision relating to or the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) Note Guarantees may be waived, including by way of amendment, waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (includingincluding Additional Notes, without limitationif any, consents obtained in connection with voting as a purchase of, or tender offer or exchange offer for, Notes)single class. Without the consent of any Holder of a NoteNotes, the Issuers and Indenture, the Trustee may amend or supplement the Supplemental Indenture Notes or the Notes (i) Note Guarantees may be amended or supplemented to cure any ambiguity, mistakeambiguities, defect or inconsistency, (ii) to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm the issuance of Additional Notes, (iv) to provide for the assumption of the Issuers' Company’s obligations to Holders of Notes in the case of a merger or consolidation or sale of all or substantially all of the Issuers' Company’s assets, (v) to provide for uncertificated Notes in addition to or in place of certificated Notes, to add any Person as a Guarantor of the Notes or secure the Notes or the Note Guarantees, to make any change that would provide any additional rights or benefits to the Holders of Notes or that does not adversely affect in any material respect the legal rights under the Supplemental Indenture of any such Holder, (vi) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Supplemental Indenture under the TIA or otherwise as necessary to comply with applicable law or (vii) TIA, to conform the Supplemental text of the Indenture or the Notes to the descriptions thereof set forth in the “Description of Notes” section of the ProspectusCompany’s Offering Memorandum dated December 11, 2013, relating to the initial offering of the Notes to the extent that the Trustee has received an Officers’ Certificate stating that such text constitutes an unintended conflict with the corresponding provision in such “Description of Notes.”

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture or the Notes Debentures may be amended or supplemented with the consent of the Holders of at least a majority in of the aggregate principal amount of the Debentures then outstanding Notes voting as a single class (including, A2-6 without limitation, consents obtained in connection with a purchase of or tender offer or exchange offer for, Debentures) or, if no Debentures are outstanding, the holders of a majority in Liquidation Preference of the Senior Exchangeable Preferred Stock then outstanding (including, without limitation, consents obtained in connection with a purchase of, of or tender offer or exchange offer for, NotesSenior Exchangeable Preferred Stock). Any , and any existing Default default or compliance with any provision of the Supplemental Indenture or the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) Debentures may be waived, including by way of amendment, waived with the consent of the Holders of a majority in of the aggregate principal amount of the then outstanding Notes Debentures voting as a single class (including, without limitation, consents obtained in connection with a purchase of, of or tender offer or exchange offer for, NotesDebentures) or, if no Debentures are outstanding, the holders of a majority in Liquidation Preference of the Senior Exchangeable Preferred Stock then outstanding (including, without limitation, consents obtained in connection with a purchase of or tender offer or exchange offer for, Senior Exchangeable Preferred Stock). Without the consent of any Holder of a NoteDebenture, the Issuers and the Trustee may amend or supplement the Supplemental Indenture or the Notes (i) Debentures may be amended or supplemented to cure any ambiguity, mistake, defect or inconsistency, (ii) to provide for uncertificated Notes Debentures in addition to or in place of certificated NotesDebentures, (iii) to provide for or confirm the issuance of Additional Notes, (iv) to provide for the assumption of the Issuers' Company's obligations to Holders of the Debentures in the case of a merger or consolidation or sale of all or substantially all of the Issuers' assetsconsolidation, (v) to make any change that would provide any additional rights or benefits to the Holders of the Debentures or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) to comply with the requirements of the SEC Commission in order to effect or maintain the qualification of the Supplemental Indenture under the TIA or otherwise as necessary to comply with applicable law or (vii) to conform the Supplemental Trust Indenture or the Notes to the “Description of Notes” section of the ProspectusAct.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Company and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). Any existing Default or compliance with any provision of the Supplemental Indenture or the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) may be waived, including by way of amendment, with the consent of the Holders of a majority in aggregate principal amount of the Notes, including Additional Notes, if any, then outstanding Notes voting as a single class (including, without limitation, including consents obtained in connection with a purchase of, of or tender offer or exchange offer forfor the Notes), and, subject to Sections 6.04 and 6.07 of the Indenture, any existing Default or Event of Default (except a continuing Default or Event of Default (i) in the payment of principal, premium, if any, or interest, including Special Interest, if any, on, the Notes and (ii) in respect of a covenant or provision which under the Indenture cannot be amended without the consent of each Holder) or compliance with any provision of the Indenture or the Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the Notes, including Additional Notes, if any, then outstanding voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes). Without the consent of any Holder of a NoteHolder, the Issuers Company and the Trustee may amend or supplement the Supplemental Indenture or the Notes (i) to cure any ambiguity, mistakeomission, defect or inconsistency, (ii) to provide for the assumption by a Surviving Person of the obligations of the Company under the Indenture, to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for add additional Guarantees with respect to the Notes or confirm release Subsidiary Guarantors from Subsidiary Guaranties as provided or permitted by the issuance terms of Additional the Indenture, to secure the Notes, (iv) to provide add to the covenants of the Company for the assumption benefit of the Issuers' obligations to Holders in the case of a merger or consolidation or sale of all or substantially all of the Issuers' assetsNotes or to surrender any right or power conferred upon the Company, (v) to make any change that would provide any additional rights or benefits to the Holders or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) to comply with the requirements any requirement of the SEC Commission in order to effect or maintain connection with the qualification of the Supplemental Indenture under the TIA or otherwise as necessary to comply with applicable law or (vii) to conform provide for the Supplemental Indenture or the Notes to the “Description issuance of Additional Notes” section of the Prospectus.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Issuers and the Trustee may amend or supplement the Indenture or and the Senior Notes may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the Senior Notes then outstanding Notes outstanding, voting as a single class (including, without limitation, including consents obtained in connection with a purchase of, or tender offer or exchange offer for, for the Senior Notes). Any , and, subject to Sections 6.04 and 6.07 of the Indenture, any existing Default or compliance with any provision Event of Default (except a continuing Default or Event of Default in the Supplemental Indenture or the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest or Additional Interest, if any, on the Note, on Senior Notes) or after compliance with any provision of the scheduled due dates expressed hereinIndenture or the Senior Notes (except for certain covenants and provisions of the Indenture which cannot be amended without the consent of each Holder) may be waived, including by way of amendment, waived with the consent of the Holders of at least a majority in aggregate principal amount of the Senior Notes then outstanding Notes outstanding, voting as a single class (including, without limitation, including consents obtained in connection with a purchase of, or tender offer or exchange offer for, for the Senior Notes). Without the consent of any Holder of a NoteHolder, the Issuers and the Trustee may amend or supplement the Supplemental Indenture or the Senior Notes (i) to cure any ambiguity, mistakeomission, defect or inconsistency, (ii) to provide for the assumption by a Surviving Person of the obligations of the Issuers under the Indenture, to evidence the assumption by a Surviving Person of the obligations of the Issuers to the Holders of Senior Notes and covenants for the protection of the Holders of Senior Notes, to provide for uncertificated Senior Notes in addition to or in place of certificated Senior Notes, (iii) to provide for add Subsidiary Guarantees or confirm additional obligors with respect to the issuance of Additional Notes, (iv) Senior Notes or to provide for the assumption release any Subsidiary Guarantee of the Issuers' obligations to Holders in Senior Notes as provided or permitted under the case of a merger or consolidation or sale of all or substantially all of the Issuers' assets, (v) Indenture to make any change that would provide any additional rights or benefits to the Holders or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) to provide for the issuance of Additional Senior Notes, to make any change to comply with the requirements any requirement of the SEC Commission in order connection with qualification of the Indenture under the TIA, to effect add to the covenants of the Issuers for the benefit of the Holders of the Senior Notes or maintain to surrender any right or power conferred upon the Issuers, or to modify or amend the Indenture to permit the qualification of the Supplemental Indenture under the TIA or otherwise as necessary to comply with applicable law or (vii) to conform the Supplemental Indenture or the Notes to the “Description of Notes” section of the Prospectusindenture supplements thereto.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture Indenture, the Notes or the Notes Guarantees may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including Additional Notes, if any, issued under the Indenture) voting as a single class (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer forfor purchase of, the Notes). Any , and any existing Default or Event or Default other than a Default or Event of Default in the payment of the principal of, premium, if any, interest or Liquidated Damages, if any, on, the Notes (except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of the Supplemental Indenture or Indenture, the Notes (other than any provision relating to and the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) Guarantees may be waived, including by way of amendment, waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including Additional Notes, if any, issued under the Indenture) voting as a single class (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer forfor purchase of, the Notes). Without the consent of any Holder of a NoteNotes, the Issuers and Indenture, the Trustee may amend or supplement the Supplemental Indenture Notes or the Notes (i) to cure any ambiguity, mistake, defect Guarantees may be amended or inconsistency, (ii) supplemented to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm the issuance of Additional Notes, (iv) ; to provide for the assumption of the Issuers' Company’s or any Guarantor’s obligations under the Indenture or the Guarantees, as applicable, to the Holders in the case of a merger or consolidation or sale of all or substantially all of the Issuers' Company’s or such Guarantor’s assets, (v) ; to make any change that would (i) provide any additional rights or benefits to the Holders of the Notes or that does (ii) surrender any right or power conferred upon the Company or Guarantors under this Indenture; provided such modification or amendment may not adversely affect the legal rights under the Supplemental Indenture hereunder of any such Holder, (vi) ; to comply with the requirements of the SEC in order to effect or maintain the qualification of the Supplemental Indenture under the TIA TIA; to allow any Guarantor to execute a supplemental indenture and/or Guarantee with respect to the Notes or otherwise as necessary to comply with applicable law allow the release of a Guarantor (to the extent permitted by the Indenture); to evidence and provide for the acceptance and appointment under the Indenture of a successor Trustee thereunder pursuant to the requirements of the Indenture; to provide for the issuance of Exchange Notes or (vii) private exchange notes, which are identical to exchange notes except that they are not freely tradeable; to conform the Supplemental Indenture text of the Indenture, the Notes or the Notes Guarantees to any provision of the “Description of Notes” section of the ProspectusOffering Memorandum relating to the initial offering of the Notes; to make any amendment to the provisions of the Indenture relating to the transfer and legending of Notes as permitted by the Indenture, including, without limitation, to facilitate the issuance and administration of the Notes; provided, however, that (i) compliance with the Indenture as so amended would not result in Notes being transferred in violation of the Securities Act or any applicable securities laws and (ii) such amendment does not materially and adversely affect the rights of Holders to transfer Notes; to cure any ambiguity or correct or supplement any inconsistent or otherwise defective provision contained in the Indenture; provided that such modification or amendment does not adversely affect the interests of the Holders in any material respect; provided, further, that any amendment made solely to conform the provisions of the Indenture, the Notes or the Guarantees to any provision of the “Description of Notes” section of the Offering Memorandum will not be deemed to adversely affect the interests of the Holders; or to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture Indenture, the Notes or the Notes Subsidiary Guarantees may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (includingincluding Additional Notes, without limitationif any, consents obtained in connection with voting as a purchase ofsingle class, and any existing Default or tender offer or exchange offer for, Notes). Any existing Event of Default or compliance with any provision of the Supplemental Indenture or the Notes (other than any provision relating to or the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) Subsidiary Guarantees may be waived, including by way of amendment, waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (includingincluding Additional Notes, without limitationif any, consents obtained in connection with voting as a purchase of, or tender offer or exchange offer for, Notes)single class. Without the consent of any Holder of a NoteNotes, the Issuers and Indenture, the Trustee may amend or supplement the Supplemental Indenture Notes or the Notes (i) Subsidiary Guarantees may be amended or supplemented to cure any ambiguity, mistake, defect or inconsistency, (ii) to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm the issuance of Additional Notes, (iv) to provide for the assumption of the Issuers' Company’s or a Guarantor’s obligations to Holders of the Notes in the case of a merger or consolidation or sale of all or substantially all of the Issuers' Company’s or such Guarantor’s properties or assets, (v) including the addition of any required co-issuer of the Notes, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Supplemental Indenture under the TIA TIA, to add any additional Guarantor or otherwise to release any Guarantor from its Subsidiary Guarantee, to evidence or provide for the acceptance or appointment of a successor trustee or to add any additional Events of Default, in each case, as necessary provided in the Indenture, to comply with applicable law or (vii) secure the Notes, to conform the Supplemental Indenture text of the Indenture, the Notes or the Notes Subsidiary Guarantees to any provision of the “Description of the Notes” section of the ProspectusCompany’s Offering Memorandum dated March 23, 2012, to the extent that such provision in that “Description of the Notes” was intended to set forth, verbatim or in substance, a provision of the Indenture, the Notes or the Subsidiary Guarantees, or to provide for the issuance of Exchange Notes and related Subsidiary Guarantees or Additional Notes and related Subsidiary Guarantees.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture Indenture, the Notes, the Note Guarantees or the Notes Security Documents may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, including consents obtained in connection with a purchase of, or a tender offer or exchange offer for, Notes). Any ) and, subject to Sections 6.04 and 6.07 of the Indenture, any existing Default or compliance with any provision of the Supplemental Indenture or Indenture, the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any and interest on the such Note, on or after the scheduled due dates expressed herein) in the Notes), the Note Guarantees or the Security Documents may be waived, including by way of amendment, waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, including consents obtained in connection with a purchase of, or a tender offer or exchange offer for, Notes). Without the consent of any Holder of a NoteHolder, the Issuers and the Trustee may amend or supplement the Supplemental Indenture Indenture, the Notes, the Note Guarantees or the Notes (i) Security Documents to cure any ambiguity, mistake, defect or inconsistency, (ii) ; to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) ; to provide for or confirm the issuance of Additional Notes, (iv) ; to provide for the assumption of the Issuers' ’ or any Guarantor’s obligations to Holders in the case of a merger or consolidation or sale of all or substantially all of the Issuers' assets, (v) assets of such Issuer or any Guarantor pursuant to Article 5 of the Indenture; to make any change that would provide any additional rights or benefits to the Holders or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder; to, (vi) to if applicable, comply with the requirements of the SEC in order to effect or maintain the qualification of the Supplemental Indenture under the TIA or otherwise as necessary to comply with applicable law law; to release Collateral or (vii) to conform a Guarantor, as permitted under the Supplemental terms of the Indenture or the Notes Security Documents; to the “Description of Notes” section of the Prospectusadd any additional assets as Collateral; or to add a Guarantor.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture or the Notes or the Note Guarantees may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, or purchase of, the Notes). Any , and any existing Default or Event or Default (other than a Default or Event of Default in the payment of the principal of, premium or Additional Interest, if any, or interest on, the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of the Supplemental Indenture or the Notes (other than any provision relating to or the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) Note Guarantees may be waived, including by way of amendment, waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, or purchase of, the Notes). Without the consent of any Holder of a Note, the Issuers and the Trustee may amend or supplement the Supplemental Indenture or the Notes (i) or the Note Guarantees may be amended or supplemented to cure any ambiguity, mistake, defect or inconsistency, (ii) to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm the issuance of Additional Notes, (iv) to provide for the assumption of the Issuers' Company’s or a Guarantor’s obligations to Holders in the case of a merger or consolidation or sale of all or substantially all of the Issuers' assetsNotes and Note Guarantees by a successor to the Company or such Guarantor pursuant to Article V or Article X of the Indenture, (v) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Supplemental Indenture under the TIA or otherwise as necessary to comply with applicable law or (vii) TIA, to conform the Supplemental Indenture text of the Indenture, the Note Guarantees or the Notes to any provision of the “Description of Notes” section of the ProspectusCompany’s Offering Memorandum dated August 17, 2017, relating to the initial offering of the Notes, to the extent that such provision in that “Description of Notes” was intended to be a verbatim recitation of a provision of the Indenture, the Note Guarantees or the Notes; to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, to allow any Guarantor to execute a supplemental indenture to the Indenture and/or a Note Guarantee with respect to the Notes, or to evidence and provide for the acceptance and appointment under the Indenture of a successor Trustee pursuant to the requirements of the Indenture.