Common use of AMENDMENT, SUPPLEMENT AND WAIVER Clause in Contracts

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indenture, the Indenture, the Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the Notes then outstanding, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Guarantees or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Guarantees or the Notes may be amended or supplemented, 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 Guarantor's obligations to Holders of the Notes in case of a merger 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 SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the issuance of Notes issued after the Issue Date 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 Guarantee with respect to the Notes or to evidence and provide for the acceptance of appointment under the Indenture of a successor Trustee.

Appears in 4 contracts

Sources: Note Agreement (Dresser Inc), Note Agreement (Dresser Inc), Global Note (Dresser Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Note Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes then outstanding(and Additional Notes, if any, voting as a single class, ) and any existing default Default or compliance with any provision of the Indenture, the Note Guarantees or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes (and Additional Notes, if any, voting as a single class). Without the consent of any Holder of a Note, the Indenture, the Note Guarantees or the Notes may be amended or supplemented, supplemented 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 Guarantor's obligations to Holders of the Notes in case of a merger or consolidation, 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 Indenture of any such Holder, to comply with the requirements of the SEC Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the issuance Issuance of Additional Notes issued after the Issue Date 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 or to evidence and provide for the acceptance of appointment under the Indenture of a successor TrusteeNotes.

Appears in 3 contracts

Sources: Indenture (Charles River Laboratories Holdings Inc), Indenture (Noveon Inc), Indenture (Charles River Laboratories Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Guarantees 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 then outstanding(including, if anywithout limitation, voting as consents obtained in connection with a single classpurchase of, and any or tender offer or exchange offer for, Notes). Any existing default Default or compliance with any provision of the Indenture, the Guarantees 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 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, if any, voting as a single class). Without the consent of any Holder of a Note, the Indenture, Issuers and the Guarantees 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 Company's or Guarantor's Issuers’ obligations to Holders of in the Notes in case of a merger or consolidationconsolidation 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, (vi) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Supplemental Indenture under the Trust TIA or otherwise as necessary to comply with applicable law or (vii) to conform the Supplemental Indenture Act, to provide for or the issuance of Notes issued after the Issue Date 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 Guarantee with respect to “Description of Notes” section of the Notes or to evidence and provide for the acceptance of appointment under the Indenture of a successor TrusteeProspectus.

Appears in 3 contracts

Sources: Third Supplemental Indenture (Charter Communications, Inc. /Mo/), Second Supplemental Indenture (Charter Communications, Inc. /Mo/), First Supplemental Indenture (Charter Communications, Inc. /Mo/)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Guarantees Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the Notes then outstanding, if any, voting as a single classoutstanding Notes, and any existing default or compliance with any provision of the Indenture, the Guarantees Indenture or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Guarantees Indenture or the Notes may be amended or supplemented, supplemented 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 Issuers' or Guarantor's the Guarantors' obligations to Holders of the Notes in case of a merger or consolidationconsolidation pursuant to Article 5 or Article 10 of the Indenture, to provide for additional Guarantors or the release of 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 that does not adversely affect the legal rights under the Indenture of any such Holder, or to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the issuance of Notes issued after the Issue Date 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 Guarantee with respect to the Notes or to evidence and provide for the acceptance of appointment under the Indenture of a successor TrusteeTIA.

Appears in 3 contracts

Sources: Indenture (Consoltex Inc/ Ca), Indenture (Consoltex Usa Inc), Indenture (Consoltex Inc/ Ca)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, Company and the Guarantees 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 principal amount of the Notes then outstandingoutstanding Notes, including Additional Notes, if any, voting as a single classclass (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes), and, subject to Sections 6.04 and 6.07 of the Indenture, any existing default Default or Event of Default (except a continuing Default or Event of Default in the payment of principal, premium, if any, or interest on the Notes) or compliance with any provision of the Indenture, the Guarantees Indenture or the Notes (except for certain covenants and provisions of the Indenture that 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 classclass (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 Indenture, Company and the Guarantees Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented, to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation, partnership or limited liability company of the obligations of the Company under the Indenture, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide secure the Notes, to add to the covenants of the Company for the assumption benefit of the Company's or Guarantor's obligations to Holders of the Notes in case of a merger or consolidationto surrender any right or power conferred upon the Company, 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 make any change to comply with the requirements any requirement of the SEC Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, TIA or to provide for the issuance of Notes issued after the Issue Date 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 Guarantee with respect to the Notes or to evidence and provide for the acceptance of appointment under the Indenture of a successor TrusteeAdditional Notes.

Appears in 3 contracts

Sources: Indenture (Armstrong World Industries Inc), Indenture (Armstrong World Industries Inc), Indenture (Armstrong World Industries Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes then outstandingand Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Subsidiary Guarantees or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented, supplemented to cure any ambiguity, defect or inconsistencyinconsistency or to make a modification of a formal, minor or technical nature or to correct a manifest error, to provide for uncertificated Notes in addition to or in place of certificated Notes, to comply with the covenant relating to mergers, consolidations and sales of assets, to provide for the assumption of the Company's or Guarantor's obligations to Holders of the Notes in case of a merger or consolidationconsolidation or sale of all or substantially all of the Company's assets, 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 Indenture of any such Holder, to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the issuance of Notes issued after the Issue Date 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 Guarantee with respect to the Notes or to evidence and provide for the acceptance of and appointment under the Indenture of a successor Trusteetrustee pursuant to the requirements thereof, or to provide for the issuance of exchange or private exchange notes.

Appears in 2 contracts

Sources: Indenture (Airgas East Inc), Indenture (Crown Battleground LLC)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Guarantees Notes or the Notes Note Guarantees may be amended or supplemented with the written consent of the Holders of at least a majority in principal amount of the then outstanding Notes then outstanding, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Guarantees Notes or the Notes Note Guarantees may be waived with the written consent of the Holders of a majority in principal amount of the then outstanding Notes, if any, Notes voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Notes and the Note Guarantees or the Notes may be amended or supplemented, supplemented 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 ’s or any Note Guarantor's ’s obligations to Holders of the Notes in case of a merger 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 in any material respects the legal rights under the Indenture of any such Holder, to release a Note Guarantor from its obligations under its Note Guarantee, the Notes or the Indenture in accordance with the applicable provisions of the Indenture or to add Note Guarantees with respect to the Notes, to provide additional Note Lien Collateral as security for the Notes or to release Note Liens in favor of the Note Lien Collateral Agent in accordance with the applicable provisions of the Indenture, to issue Additional Notes as permitted in the Indenture, to comply with the requirements of the SEC Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the issuance of Notes issued after the Issue Date 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 Guarantee with respect to the Notes Act or to evidence and provide for the acceptance of appointment under the Indenture of a successor Trustee.

Appears in 2 contracts

Sources: Indenture (Thornburg Mortgage Inc), Supplemental Indenture (Thornburg Mortgage Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes then outstandingand Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Subsidiary Guarantees or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented, supplemented 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 Issuers' or Subsidiary Guarantor's obligations to Holders of the Notes in case of a merger 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 SEC Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the issuance of additional Notes issued after the Issue Date in accordance with the limitations set forth in the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee with respect to the Notes or to evidence and provide for the acceptance of appointment under the Indenture of a successor TrusteeNotes.

Appears in 2 contracts

Sources: Indenture (National Crane Corp), Senior Subordinated Notes Agreement (National Crane Corp)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the 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 Notes then outstanding, if any, voting as a single classthen-outstanding Notes, and any existing default or compliance with any provision of the Indenture, the Guarantees or the Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the then then-outstanding Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Guarantees or the Notes may be amended or supplemented, supplemented 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 an Issuer’s or a Subsidiary Guarantor's ’s obligations to Holders of the Notes in case of a merger or consolidationconsolidation or sale of all or substantially all of such Issuer’s assets, 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 Indenture of any such Holder, 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 Indenture under the Trust Indenture Act, to provide for the issuance of Notes issued after the Issue Date 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 Guarantee with respect to the Notes evidence or to evidence and provide for the acceptance of appointment under the Indenture of a successor Trustee, to add additional Events of Default or to secure the Notes and/or the Guarantees.

Appears in 2 contracts

Sources: Fourth Supplemental Indenture (PVR Partners, L. P.), Second Supplemental Indenture (Penn Virginia Resource Partners L P)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the 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 Notes then outstanding, if any, voting as a single classoutstanding Notes, and any existing default or compliance with any provision of the Indenture, the Guarantees or the Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Guarantees or the Notes may be amended or supplemented, supplemented to cure any ambiguity, defect omission, defect, mistake 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 an Issuer’s or a Guarantor's ’s obligations to Holders of the Notes in case of a merger or consolidationconsolidation or sale of all or substantially all of such Issuer’s assets, to add or release 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 Guarantors by the Indenture that does not adversely affect the legal rights under the Indenture of any such Holder, 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 Indenture under the Trust Indenture Act, to provide for the issuance of Notes issued after the Issue Date 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 Guarantee with respect to the Notes evidence or to evidence and provide for the acceptance of appointment under the Indenture of a successor Trustee, to add additional Events of Default or to secure the Notes and/or the Guarantees.

Appears in 2 contracts

Sources: Indenture (Atlas Energy Resources, LLC), First Supplemental Indenture (Atlas Energy Resources, LLC)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Guarantees 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 then outstanding(including, if anywithout limitation, voting as consents obtained in connection with a single classpurchase of, and any or tender offer or exchange offer for, Notes). Any existing default Default or compliance with any provision of the Indenture, the Guarantees 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 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, if any, voting as a single class). Without the consent of any Holder of a Note, the Indenture, Issuers and the Guarantees Trustee may amend or supplement the 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 Company's or Guarantor's Issuers’ obligations to Holders of in the Notes in case of a merger or consolidationconsolidation 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 Indenture of any such Holder, (vi) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust TIA or otherwise as necessary to comply with applicable law or (vii) to conform the Indenture Act, to provide for or the issuance of Notes issued after the Issue Date 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 Guarantee with respect to “Description of Notes” section of the Notes or to evidence and provide for the acceptance of appointment under the Indenture of a successor TrusteeProspectus.

Appears in 2 contracts

Sources: Indenture (Charter Communications, Inc. /Mo/), Indenture (Cco Holdings Capital Corp)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Note Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes then outstandingand Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Note Guarantees or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Note Guarantees or the Notes may be amended or supplemented, supplemented 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 Issuer’s or any Guarantor's ’s obligations to Holders of the Notes in case of a merger 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 SEC Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the issuance of Additional Notes issued after the Issue Date 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 or to evidence and provide for the acceptance of appointment under the Indenture of a successor TrusteeNotes.

Appears in 2 contracts

Sources: First Supplemental Indenture (Lodgenet Entertainment Corp), First Supplemental Indenture (Lodgenet Entertainment Corp)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Guarantees Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes then outstandingand Additional Notes, if any, voting as a single classclass (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, the Notes), and any existing default or compliance with any provision of the Indenture, the Guarantees Indenture or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single classclass (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 Indenture, the Guarantees Indenture or the Notes may be amended or supplemented, supplemented to cure any ambiguity, defect or inconsistency, ; to provide for uncertificated Notes in addition to or in place of certificated Notes, ; to 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 to surrender any right or power herein conferred upon the Company; to add additional Events of Default; to evidence and provide for the assumption acceptance of the Company's or Guarantor's obligations to Holders of the Notes in case of a merger 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 appointment under the Indenture of any such Holder, 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 Indenture under the Trust Indenture Act, ; to provide for the issuance of Additional Notes issued after the Issue Date in accordance with the limitations set forth in the Indenture, Indenture as of its date; or to allow any Guarantor to execute a supplemental indenture to the Indenture and/or and a Guarantee with respect to the Notes or to evidence and provide for the acceptance of appointment under the Indenture of a successor TrusteeNotes.

Appears in 2 contracts

Sources: Note Purchase Agreement (Signal Medical Services), Note Purchase Agreement (Jw Childs Equity Partners Ii Lp)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Guarantees Indenture or the Senior Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Senior Notes then outstandingand Additional Senior Notes, if any, voting as a single classclass (including consents obtained in connection with a tender offer or exchange offer for the Senior Notes), and any existing default or compliance with any provision of the Indenture, the Subsidiary Guarantees or the Senior Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Senior Notes and Additional Senior Notes, if any, voting as a single classclass (including consents obtained in connection with a tender offer or exchange offer for the Senior Notes). Without the consent of any Holder of a Senior Note, the Indenture, the Guarantees Indenture or the Senior Notes may be amended or supplemented, supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Senior Notes in addition to or in place of certificated Senior Notes, to provide for the assumption of the Company's or Guarantor's obligations to Holders of the Senior Notes in case of a merger or consolidationconsolidation pursuant to Article 5 of the Indenture, to provide for the Issuance of Additional Senior Notes, in accordance with the limitations set forth in the Indenture, to make any change that would provide any additional rights or benefits to the Holders of the Senior Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the SEC Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the issuance of Notes issued after the Issue Date in accordance with the limitations set forth in the Indenture, Act or to allow any Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee with respect to the Notes or to evidence and provide for the acceptance of appointment under the Indenture of a successor TrusteeSenior Notes.

Appears in 2 contracts

Sources: Indenture (Varsity Spirit Corporation), Indenture (Riddell Sports Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Guarantees or the Notes Securities may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the Notes then outstanding, if anyoutstanding Securities, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Guarantees or the Notes Securities may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes, if anySecurities, voting as a single class. Without the consent of any Holder of a NoteSecurity, the Indenture, the Guarantees or the Notes Securities may be amended or supplemented, supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes Securities in addition to or in place of certificated NotesSecurities, to provide for the assumption of the Company's ’s or Guarantor's ’s obligations to Holders of the Notes Securities in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes Securities or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the SEC Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the issuance of Notes issued after the Issue Date additional Securities 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 Guarantee with respect to the Notes or to evidence and provide for the acceptance of appointment under the Indenture of a successor TrusteeSecurities.

Appears in 2 contracts

Sources: Subordinated Indenture (Cottonwood Land Co), Subordinated Indenture (Peabody Energy Corp)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes then outstanding, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Subsidiary Guarantees or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes, if any, Notes voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented, supplemented 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 any Guarantor's obligations to Holders of the Notes in case of a merger 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 SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, Act to provide for the issuance of Additional Notes issued after the Issue Date in accordance with the limitations set forth in the IndentureIndenture , or to allow any Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee with respect to the Notes or to evidence and provide for the acceptance of appointment under the Indenture of a successor TrusteeNotes.

Appears in 2 contracts

Sources: Indenture (Icon Health & Fitness Inc), Indenture (Icon Health & Fitness Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Guarantees Notes or the Notes Subsidiary Guarantees may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes then outstanding(and Additional Notes, if any, ) voting as a single class, and any existing default or compliance with any provision of the Indenture, the Guarantees Notes or the Notes Subsidiary Guarantees may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes (and Additional Notes, if any, ) voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Guarantees Notes or the Notes Subsidiary Guarantees may be amended or supplemented, supplemented 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 the Guarantor's obligations to Holders of the Notes in case of a merger 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 SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture ActTIA, to provide for the issuance of Additional Notes issued after the Issue Date in accordance with the limitations set forth in the Indenture, Indenture or to allow any Guarantor to execute a supplemental indenture to the Indenture and/or a Guarantee with respect to the Notes or to evidence and provide for the acceptance of appointment under the Indenture of a successor TrusteeIndenture.

Appears in 2 contracts

Sources: Indenture (Scotts Company), Indenture (Clean Towel Service Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Guarantees Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the Notes then outstanding, if any, voting as a single classoutstanding Notes, and any existing default or compliance with any provision of the Indenture, the Guarantees Guarantees, or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Guarantees Guarantees, or the Notes may be amended or supplemented, supplemented 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 Companyan Issuer's or a Subsidiary Guarantor's obligations to Holders of the Notes in case of a merger or consolidationconsolidation or sale of all or substantially all of such Issuer's assets, 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 Indenture of any such Holder, to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the issuance of Notes issued after the Issue Date 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 Guarantee with respect to the Notes Act or to evidence and or provide for the acceptance of appointment under the Indenture of a successor Trustee.

Appears in 2 contracts

Sources: Indenture (Leviathan Finance Corp), Indenture (El Paso Energy Partners Deepwater LLC)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Guarantees or Subsidiary Guarantees, the Notes or any of the 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, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Guarantees Subsidiary Guarantees, the Security Documents or the Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the Notes then outstanding Notes, if any, voting as a single classoutstanding. Without the consent of any Holder of a Note, the Indenture, the Guarantees Subsidiary Guarantees, the Security Documents or the Notes may be amended or supplemented, supplemented 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 Subsidiary Guarantor's obligations to Holders of the Notes in case by a successor to the Company or such Subsidiary Guarantor pursuant to Article 5 or Article 11 of a merger the Indenture, to add to the covenants of the Company and its Subsidiaries under the Indenture for the benefit of the Holders of the Notes or consolidationto surrender any right or power conferred upon the Company, 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 HolderNotes, to comply with the requirements of the SEC Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the issuance of Notes issued after the Issue Date in accordance with the limitations set forth in the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or and an endorsement on the Notes evidencing a Subsidiary Guarantee with respect to the Notes or to evidence and provide for the acceptance of appointment under the Indenture of a successor TrusteeNotes.

Appears in 2 contracts

Sources: Indenture (Sterling Chemical Inc), Indenture (Sterling Chemical Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Guarantees Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes then outstanding, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Guarantees Indenture or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes, if any, voting as a single class. Without the consent of any Holder of a Noteaffected, the Indenture, the Guarantees Indenture or the Notes may be amended or supplementedsupplemented to, to among other things, 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 OPTI’s or a Guarantor's ’s obligations to Holders of the Notes in case of a merger 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 SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture ActTIA, to evidence and provide for the acceptance of appointment by a successor trustee, to provide for the issuance of Additional Notes issued after the Issue Date in accordance with the limitations provisions 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 or to evidence and provide for the acceptance of appointment under the Indenture of a successor TrusteeNotes.

Appears in 2 contracts

Sources: Indenture (Opti Canada Inc), Indenture (Opti Canada Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes then outstanding, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Subsidiary Guarantees or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes, if any, Notes voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented, supplemented 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 any Guarantor's obligations to Holders of the Notes in case of a merger 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 SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, Act to provide for the issuance of Additional Notes issued after the Issue Date 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 or to evidence and provide for the acceptance of appointment under the Indenture of a successor TrusteeNotes.

Appears in 2 contracts

Sources: Indenture (Icon Health & Fitness Inc), Indenture (Icon Health & Fitness Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Guarantees Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the Notes (including without limitation any Additional Notes) then outstanding, if any, voting as a single classOutstanding, and any existing default or compliance with any provision of the Indenture, the Guarantees Indenture or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Outstanding Notes, including Additional Notes, if any, voting as a single class). Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented, among other things, to cure any ambiguity, defect defect, omission 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 Guarantor's obligations to Holders of the Notes in case of a merger or consolidationconsolidation or sale of all or substantially all of the Company's assets, to add guarantees with respect to the Notes, to add covenants, 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 SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the issuance of Additional Notes issued after the Issue Date 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 Guarantee with respect to the Notes or to evidence and provide for the acceptance of and appointment under the Indenture of a successor Trustee.

Appears in 2 contracts

Sources: Indenture (Medco Health Solutions Inc), Indenture (Medco Health Solutions Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes then outstandingand Additional Notes, if any, voting as a single classclass (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 compliance with any provision of the Indenture, the Subsidiary Guarantees or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single classclass (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes). Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented, supplemented 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 Issuer’s or any Guarantor's ’s obligations to Holders of the Notes in case of a merger or consolidationconsolidation or sale of substantially all of the Issuer’s assets, 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 SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to conform the text of the Indenture, the Subsidiary Guarantees or the Notes to any provision contained in the “Description of Notes” in the Offering Memorandum, to provide for the issuance Issuance of Additional Notes issued after the Issue Date in accordance with the limitations set forth in the Indenture, or to allow any Guarantor Subsidiary to execute a supplemental indenture to the Indenture and/or a Guarantee with respect to the Notes or to evidence and provide for the acceptance purpose of appointment under providing a Subsidiary Guarantee in accordance with the Indenture provisions of a successor Trusteethe Indenture.

Appears in 2 contracts

Sources: Indenture (Corrections Corp of America), Indenture (Corrections Corp of America)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Guarantees Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the Notes then outstanding, if any, voting as a single classoutstanding Notes, and any existing default Default or compliance with any provision of the Indenture, the Guarantees Indenture or the Notes may be waived with the consent of the Holders of a majority in principal amount of the Notes then outstanding Notes, if any, voting as a single classoutstanding. The Change of Control and Asset Sale purchase features of the Notes may not be amended or waived without the consent of at least 66 2/3% in principal amount of the Notes then outstanding. Without the consent of any Holder of a Note, the Indenture, the Guarantees Indenture or the Notes may be amended or supplemented, supplemented to cure any ambiguity, defect or inconsistency, to comply with Section 5.1, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or Guarantor's obligations to Holders of the Notes under the Indenture or any Guarantor's Obligations under its Subsidiary Guarantee in the case of a merger merger, consolidation or consolidationsale of assets involving the Company or such Guarantor, as applicable, pursuant to Article 5 or Article 11 of the Indenture, to make any change that would provide any additional rights or benefits to the Holders of the Notes (including providing for Subsidiary Guarantees and any supplemental indenture required pursuant to Section 4.15 of the Indenture) or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, TIA and to provide for the issuance of Notes issued after the Issue Date release a Guarantor 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 Guarantee with respect to the Notes or to evidence and provide for the acceptance of appointment under the Indenture of a successor Trustee.

Appears in 2 contracts

Sources: Indenture (Capstar Hotel Co), Indenture (Meristar Hospitality Corp)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Guarantees or Indenture 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 outstandingOutstanding Notes, including Additional Notes, if any, voting as a single class, and any existing default Default or compliance with any provision of the Indenture, the Guarantees or Indenture and the Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Outstanding Notes, including Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Guarantees or Indenture and the Notes may be amended or supplemented, supplemented to cure any ambiguity, omission, defect or inconsistency, to provide for uncertificated Notes inconsistency that does not adversely affect the rights of any Holder in addition to or in place of certificated Notesany material respect, to provide for the assumption of the Company's ’s obligations under the Indenture or Guarantor's obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to accordance with the Holders of provisions in the Notes or that does not adversely affect the legal rights under the Indenture of any such HolderIndenture, to comply with the requirements of the SEC Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture ActTIA, to secure the Notes or provide guarantees of the Notes, to provide for the issuance of Additional Notes, to add covenants that would benefit the Holders of the Notes issued after or to surrender any rights of the Issue Date in accordance with the limitations set forth in Company under the Indenture, to allow any Guarantor to execute a supplemental indenture to the Indenture and/or a Guarantee add Events of Default with respect to the Notes, to make any change that does not adversely affect any Outstanding Notes in any material respect, or to evidence and provide for the acceptance of the appointment under the Indenture of a successor TrusteeTrustee under the Indenture.

Appears in 2 contracts

Sources: Indenture (Ciena Corp), Indenture (Ciena Corp)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Note Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes then outstandingand Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Note Guarantees or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Note Guarantees or the Notes may be amended or supplemented, supplemented 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 Issuers' or Guarantor's Note Guarantors' obligations to Holders of the Notes in case of a merger 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 SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the issuance Issuance of Additional Notes issued after the Issue Date in accordance with the limitations set forth in the Indenture, or to allow any Note 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 of appointment under the Indenture of a successor TrusteeNotes.

Appears in 2 contracts

Sources: Indenture (World Almanac Education Group Inc), Senior Subordinated Notes Agreement (World Almanac Education Group Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Guarantees Notes or the Notes any Subsidiary Guarantee may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes then outstanding(including, if anywithout limitation, voting as consents obtained in connection with a single classpurchase of, or tender offer or exchange offer for, the Notes), and, subject to the terms of the Indenture and any applicable Subsidiary Guarantee, any existing default or compliance with any provision of the Indenture, the Guarantees Notes or the Notes any Subsidiary Guarantee may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes (including consents obtained in connection with a tender offer or exchange offer for the Notes, if any, voting as a single class). Without the consent of any Holder of a Note, the Indenture, the Guarantees or the Notes and any Subsidiary Guarantee may be amended or supplemented, supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to comply with Article 5 of the Indenture, to provide for the assumption of the Company's or any Guarantor's obligations to Holders of the Notes in case of a merger or consolidationNotes, 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 add covenants for the benefit of the Holders or to surrender any right or power conferred upon the Company, to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, TIA or to provide for the issuance of Notes issued after the Issue Date in accordance with the limitations set forth in add a Guarantor under the Indenture, to allow any Guarantor to execute a supplemental indenture to the Indenture and/or a Guarantee with respect to the Notes or to evidence and provide for the acceptance of appointment under the Indenture of a successor Trustee.

Appears in 2 contracts

Sources: Indenture (Massic Tool Mold & Die Inc), Credit Agreement (Massic Tool Mold & Die Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes then outstanding, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Subsidiary Guarantees or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes, if any, Notes voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented, supplemented 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 Subsidiary Guarantor's obligations to Holders of the Notes in case of a merger 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 SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the issuance of Notes issued after the Issue Date in accordance with the limitations set forth in the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee with respect to the Notes or to evidence and provide for the acceptance of appointment under the Indenture of a successor TrusteeNotes.

Appears in 2 contracts

Sources: Indenture (Exx Inc/Nv/), Indenture (Newcor Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indenture, the Indenture, the Guarantees Notes or the Notes Guarantees may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the Notes then outstanding, if any, voting as a single classoutstanding Notes, and any existing default Default or compliance with any provision of the Indenture, the Guarantees Notes or the Notes Guarantees may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Guarantees Notes or the Notes Guarantees may be amended or supplemented, supplemented 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 Guarantor's Issuers’ obligations to Holders of the Notes in case of a merger or consolidation, consolidation pursuant to Article V of the Indenture; to provide for additional Guarantors as set forth in the Indenture or for the release or assumption of Guarantees in compliance with 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 Indenture of any such Holder, ; to comply with the requirements provisions of the SEC in order Depositary, Euroclear or Clearstream or the Trustee with respect to effect or maintain the qualification provisions of the Indenture under or the Trust Indenture Act, Notes relating to transfers and exchanges of Notes or beneficial interests therein; or to provide for the issuance of Additional Notes issued after the Issue Date in accordance with the limitations set forth in the Indenture, to allow any Guarantor to execute a supplemental indenture to Indenture as of the Indenture and/or a Guarantee with respect to the Notes or to evidence and provide for the acceptance of appointment under the Indenture of a successor Trusteedate thereof.

Appears in 2 contracts

Sources: Indenture (Douglas Dynamics, Inc), Senior Note (Douglas Dynamics, Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Guarantees or the Notes Debentures may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the Notes then outstandingoutstanding Debentures and additional Debentures, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Subsidiary Guarantees or the Notes Debentures may be waived with the consent of the Holders of a majority in principal amount of the then outstanding NotesDebentures and additional Debentures, if any, voting as a single class. Without the consent of any Holder of a NoteDebenture, the Indenture, the Guarantees or the Notes Debentures may be amended or supplemented, supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes Debentures in addition to or in place of certificated NotesDebentures, to provide for the assumption of the Company's or Guarantor's Issuers' obligations to Holders of the Notes Debentures in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes Debentures or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the SEC Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, or to provide for the issuance of Notes issued after the Issue Date additional Debentures 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 Guarantee with respect to the Notes or to evidence and provide for the acceptance of appointment under the Indenture of a successor Trustee.

Appears in 2 contracts

Sources: Indenture (Grove Investors Capital Inc), Senior Debenture Agreement (Grove Investors Capital Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Note Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes then outstandingand Additional Notes, if any, voting as a single class, and any A2-7 existing default or compliance with any provision of the Indenture, the Note Guarantees or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Note Guarantees or the Notes may be amended or supplemented, supplemented 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 Guarantor's obligations to Holders of the Notes in case of a merger 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 SEC Securities and Exchange Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the issuance Issuance of Additional Notes issued after the Issue Date 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 or to evidence and provide for the acceptance of appointment under the Indenture of a successor TrusteeNotes.

Appears in 2 contracts

Sources: Indenture (Wci Communities Inc), Indenture (Communities Home Builders Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Guarantees or Indenture 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 outstandingOutstanding Notes, including Additional Notes, if any, voting as a single class, and any existing default Default or compliance with any provision of the Indenture, the Guarantees or Indenture and the Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Outstanding Notes, including Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Guarantees or Indenture and the Notes may be amended or supplemented, supplemented to cure any ambiguity, omission, defect or inconsistencyinconsistency that does not adversely affect the rights of any Holder in any material respect, to provide for uncertificated Notes in addition to or in place of certificated Notesa successor Trustee under the Indenture, to provide for the assumption of the Company's ’s obligations under the Indenture or Guarantor's obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to accordance with the Holders of provisions in the Notes or that does not adversely affect the legal rights under the Indenture of any such HolderIndenture, to comply with the requirements of the SEC Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture ActTIA, to secure the Notes or provide guarantees of the Notes, to provide for the issuance of Additional Notes, to add covenants that would benefit the Holders of the Notes issued after or to surrender any rights of the Issue Date in accordance with the limitations set forth in Company under the Indenture, to allow any Guarantor to execute a supplemental indenture to the Indenture and/or a Guarantee add Events of Default with respect to the Notes, to make any change that does not adversely affect any Outstanding Notes in any material respect, or to evidence and provide for the acceptance of the appointment under the Indenture of a successor TrusteeTrustee under the Indenture.

Appears in 2 contracts

Sources: Indenture (Ciena Corp), Indenture (Ciena Corp)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes then outstandingand Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Subsidiary Guarantees or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented, supplemented 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 the Guarantor's obligations to Holders of the Notes in case of a merger 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 SEC Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the issuance of Additional Notes issued after the Issue Date 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 or to evidence and provide for the acceptance of appointment under the Indenture of a successor TrusteeNotes.

Appears in 2 contracts

Sources: Indenture (Dominos Inc), Indenture (Dominos Pizza Government Services Division Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Guarantees Guarantee or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes then outstanding(including consents obtained in connection with a tender offer or exchange offer for, if anyor purchase of, voting as a single classthe Notes), and any existing default or compliance with any provision of the Indenture, the Guarantees Guarantee or the Notes may be waived (other than a Default or Event of Default in the payment of the principal of, premium or interest on the Notes, except a payment default resulting from an acceleration that has been rescinded) with the consent of the Holders of a majority in principal amount of the then outstanding Notes (including consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes, if any, voting as a single class). Without the consent of any Holder of a Note, the Indenture, the Guarantees Guarantee or the Notes may be amended or supplemented, supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for evidence the assumption by a Successor Person of the Company's or Guarantor's covenants and obligations to Holders of the Issuer or the Guarantor under the Indenture, the Notes in case of a merger or consolidationthen 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 Indenture of any such Holder, to comply with the requirements of the SEC in order to effect add guarantees or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the issuance of Notes issued after the Issue Date 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 Guarantee security with respect to the Notes or Notes, to evidence and provide for the acceptance of the appointment under the Indenture of a successor Trustee, to comply with the rules of any applicable securities depository, or to conform the text of the Indenture, the Notes or the Guarantee as provided in Section 9.01(h) of the Indenture.

Appears in 2 contracts

Sources: Indenture, Indenture (Norbord Inc.)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Guarantees Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the Notes then outstanding, if any, voting as a single classoutstanding Notes, and any existing default or compliance with any provision of the Indenture, the Guarantees Guarantees, or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Guarantees Guarantees, or the Notes may be amended or supplemented, supplemented 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 Companyan Issuer's or a Subsidiary Guarantor's obligations to Holders of the Notes in case of a merger or consolidationconsolidation or sale of all or substantially all of such Issuer's or Subsidiary Guarantor's assets, 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 Indenture of any such Holder, to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the issuance of Notes issued after the Issue Date 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 Guarantee with respect to the Notes evidence or to evidence and provide for the acceptance of appointment under the Indenture of a successor Trustee, to add additional Events of Default or to secure the Notes and/or the Guarantees.

Appears in 2 contracts

Sources: Indenture (Gulfterra Energy Partners L P), Indenture (Gulfterra Energy Partners L P)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, Indenture the Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes then outstandingand Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Subsidiary Guarantees or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented, supplemented 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 Issuers' or Guarantor's obligations to Holders of the Notes in case of a merger 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 SEC Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the issuance Issuance of Additional Notes issued after the Issue Date 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 or to evidence and provide for the acceptance of appointment under the Indenture of a successor TrusteeNotes.

Appears in 2 contracts

Sources: Indenture (Restaurant Co), Indenture (Perkins Finance Corp)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Guarantees 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 Notes then outstanding, if any, voting as a single classoutstanding Notes, and any existing default Default or compliance noncompliance with any provision of the Indenture, the Guarantees 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, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Guarantees Indenture or the Notes may be amended or supplemented, supplemented 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 Issuers' or any Guarantor's obligations to Holders of the Notes in case of a merger or consolidationconsolidation or sale of all or substantially all of the Issuers' or any Guarantor's property, 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, or to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture ActTIA. Notwithstanding the foregoing, to provide for the issuance of Notes issued after the Issue Date in accordance Collateral may only be released with the limitations set forth consent of the Holders of at least 75% in aggregate principal amount of the Indenture, then outstanding Notes in addition to allow any Guarantor to execute a supplemental indenture to releases of Collateral expressly permitted by the Indenture and/or a Guarantee with respect to the Notes or to evidence and provide for the acceptance of appointment under the Indenture of a successor TrusteeCollateral Documents.

Appears in 2 contracts

Sources: Indenture (Trump Indiana Inc), Indenture (Trump Indiana Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Guarantees Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes then outstanding(including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, 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, voting as interest or Liquidated Damages, if any, on the Notes, except a single class, and any existing payment default resulting for an acceleration that has been rescinded) or compliance with any provision of the Indenture, the Guarantees 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 consent obtained in connection with a purchase of or tender offer or exchange for Notes, if any, voting as a single class). Without the consent of any Holder of a Note, the Indenture, the Guarantees Indenture or the Notes may be amended or supplemented, supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Certificated Notes, to provide for the assumption of the Company's or Guarantor's obligations to the Holders of the Notes in the case of a merger 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, or to comply with the requirements of the SEC Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the issuance of Notes issued after the Issue Date 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 Guarantee with respect to the Notes or to evidence and provide for the acceptance of appointment under the Indenture of a successor Trustee.

Appears in 2 contracts

Sources: Indenture (Printpack Inc), Indenture (Printpack Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Guarantees Pledge and Escrow Agreement or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes then outstanding, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Guarantees Indenture or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes, if any, Notes voting as a single class. However, without the consent of at least 75% in principal amount of the Notes then outstanding (including consents obtained in connection with a tender offer or exchange offer for, or purchase of, such Notes), no waiver or amendment to either the Indenture or the Pledge and Escrow Agreement may make any change in the provisions of Section 4.19 or Article 10 of the Indenture or the Pledge and Escrow Agreement that adversely affects the rights of any Holder of Notes. Without the consent of any Holder of a Note, the Indenture, the Guarantees Indenture or the Notes may be amended or supplemented, supplemented 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 Guarantor's obligations to Holders of the Notes in case of a merger 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 SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the issuance of Notes issued after the Issue Date 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 Guarantee with respect to the Notes or to evidence and provide for the acceptance of appointment under the Indenture of a successor Trustee.

Appears in 2 contracts

Sources: Indenture (Premier Parks Inc), Indenture (Premier Parks Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes then outstandingand Additional Notes, if any, voting as a single class, and any existing default Default or compliance with any provision of the Indenture, the Guarantees or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Guarantees or the Notes may be amended or supplemented, supplemented 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 Guarantor's obligations to Holders of the Notes in case of a merger 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 SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the issuance Issuance of Additional Notes issued after the Issue Date 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 Guarantee with respect to the Notes or to evidence and provide for the acceptance of appointment under the Indenture of a successor TrusteeNotes.

Appears in 2 contracts

Sources: First Supplemental Indenture (Entercom Communications Corp), Supplemental Indenture (Entercom Radio LLC)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Guarantees Indenture or the Notes Exchange Debentures may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the Notes Exchange Debentures then outstanding, if any, voting as outstanding (including consents obtained in connection with a single classtender offer or exchange offer for Exchange Debentures), and any existing default or compliance with any provision of the Indenture, the Guarantees Indenture or the Notes Exchange Debentures may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes, if any, voting as a single classExchange Debentures. Without the consent of any Holder of a Notean Exchange Debenture, the Indenture, the Guarantees Indenture or the Notes Exchange Debentures may be amended or supplemented, supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes Exchange Debentures in addition to or in place of certificated NotesExchange Debentures, to provide for the assumption of the Company's or Guarantor's Holdings' obligations to Holders of the Notes Exchange Debentures in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes Exchange Debentures or that does not adversely affect the legal rights under the Indenture of any such Holder, or to comply with the requirements of the SEC Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, . Notwithstanding anything to provide for the issuance of Notes issued after the Issue Date in accordance with the limitations set forth contrary contained herein or in the Indenture, the subordination provisions relating to allow any Guarantor to execute a supplemental indenture to this Exchange Debenture may not be amended or modified without the Indenture and/or a Guarantee with respect to the Notes prior consent, authorization or to evidence and provide for the acceptance approval by all holders of appointment under the Indenture of a successor TrusteeDesignated Senior Debt.

Appears in 2 contracts

Sources: Indenture (Cottontops Inc), Indenture (Anvil Holdings Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes then outstandingand Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Subsidiary Guarantees or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented, supplemented to cure any ambiguity, defect or inconsistencyinconsistency or to make a modification of a formal, minor or technical nature or to correct a manifest error, to provide for uncertificated Notes in addition to or in place of certificated Notes, to comply with the covenant relating to mergers, consolidations and sales of assets, to provide for the assumption of the Company's ’s or Guarantor's ’s obligations to Holders of the Notes in case of a merger or consolidationconsolidation or sale of all or substantially all of the Company’s assets, 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 Indenture of any such Holder, to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to evidence and provide for the acceptance and appointment under the Indenture of a successor trustee pursuant to the requirements thereof, to provide for the issuance of exchange or private exchange notes or to provide for the issuance of Additional Notes issued after the Issue Date 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 Guarantee with respect to the Notes or to evidence and provide for the acceptance of appointment under the Indenture of a successor Trustee.

Appears in 2 contracts

Sources: Indenture (Asbury Automotive Group Inc), Indenture (Asbury Automotive Group Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Guarantees Indenture or the Senior Subordinated 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, if any, voting as a single classoutstanding Senior Subordinated Notes, and any existing default or compliance with any provision of the Indenture, the Guarantees Indenture or the Senior Subordinated Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Senior Subordinated Notes, if any, voting as a single class. Without the consent of any Holder of a Senior Subordinated Note, the Indenture, the Guarantees Indenture or the Senior Subordinated Notes may be amended or supplemented, supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Senior Subordinated Notes in addition to or in place of certificated Senior Subordinated Notes, to provide for the assumption of the Company's or Guarantor's obligations to Holders of the Senior Subordinated Notes in the case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Senior Subordinated Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, Holder or to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the issuance of Notes issued after the Issue Date 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 Guarantee with respect to the Notes or to evidence and provide for the acceptance of appointment under the Indenture of a successor Trustee.

Appears in 2 contracts

Sources: Indenture (Plainwell Inc), Indenture (Fonda Group Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes then outstandingand Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the IndentureIndenture , the Subsidiary Guarantees or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented, supplemented 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 the Guarantor's obligations to Holders of the Notes in case of a merger 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 SEC Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the issuance of Additional Notes issued after the Issue Date 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 or to evidence and provide for the acceptance of appointment under the Indenture of a successor TrusteeNotes.

Appears in 2 contracts

Sources: Indenture (Dominos Inc), Indenture (Dominos Pizza Government Services Division Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes then outstandingand Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Subsidiary Guarantees or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented, supplemented 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 Subsidiary Guarantor's obligations to Holders of the Notes in case of a merger 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 SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the issuance Issuance of Additional Notes issued after the Issue Date 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 or to evidence and provide for the acceptance of appointment under the Indenture of a successor TrusteeNotes.

Appears in 2 contracts

Sources: Indenture (St Louis Gaming Co), Indenture (Argosy Gaming Co)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, Company and the Guarantees Trustee may amend or supplement the Indenture and the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the Notes then outstandingoutstanding (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, voting as or interest on the Notes, except a single class, and any existing payment default resulting from an acceleration that has been rescinded) or compliance with any provision of the Indenture, the Guarantees 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 tender offer or exchange offer for, or purchase of, the Notes, if any, voting as a single class). Without the consent of any Holder of a NoteNotes, the Indenture, the Guarantees Indenture or the Notes may be amended or supplemented, supplemented 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 any Subsidiary Guarantor's obligations to Holders of the Notes in case of a merger 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 SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, Act or to provide for reflect the issuance release of Notes issued after any Subsidiary Guarantor from its Subsidiary Guarantee pursuant to Section 11.05 of the Issue Date in accordance with the limitations set forth in Indenture or to add any Subsidiary as a Subsidiary Guarantor pursuant to the Indenture, to allow any Guarantor to execute a supplemental indenture to the Indenture and/or a Guarantee with respect to the Notes or to evidence and provide for the acceptance of appointment under the Indenture of a successor Trustee.

Appears in 2 contracts

Sources: Indenture (Sun Medical Technologies Inc /Ca/), Indenture (Prime Medical Services Inc /Tx/)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Guarantees Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the Notes then outstanding, if any, voting as a single classoutstanding Notes, and any existing default or compliance with any provision of the Indenture, the Guarantees Guarantees, or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Guarantees Guarantees, or the Notes may be amended or supplemented, supplemented 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 Companyan Issuer's or a Subsidiary Guarantor's obligations to Holders of the Notes in case of a merger or consolidationconsolidation or sale of all or substantially all of such Issuer's or Subsidiary Guarantor's assets, 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 Indenture of any such Holder, to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the issuance of Notes issued after the Issue Date 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 Guarantee with respect to the Notes evidence or to evidence and provide for the acceptance of appointment under the Indenture of a successor Trustee, to add additional Events of Default or to secure the Notes and/or the Guarantees.

Appears in 2 contracts

Sources: Indenture (El Paso Energy Partners Deepwater LLC), Indenture (First Reserve Gas LLC)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Guarantees Notes or the Notes Subsidiary Guarantees may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes then outstanding(and Additional Notes, if any, ) voting as a single class, and any existing default or compliance with any provision of the Indenture, the Guarantees Notes or the Notes Subsidiary Guarantees may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes (and Additional Notes, if any, ) voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Notes or the Subsidiary Guarantees or the Notes may be amended or supplemented, supplemented 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 the Guarantor's obligations to Holders of the Notes in case of a merger 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 SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture ActTIA, to provide for the issuance of Additional Notes issued after the Issue Date in accordance with the limitations set forth in the Indenture, Indenture or to allow any Guarantor to execute a supplemental indenture to the Indenture and/or a Guarantee with respect to the Notes or to evidence and provide for the acceptance of appointment under the Indenture of a successor TrusteeIndenture.

Appears in 2 contracts

Sources: Indenture (Scotts Company), Indenture (Clean Towel Service Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in exceptions, -------------------------------- the Indenture, the Indenture, the Guarantees Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes then outstandingand Additional Notes, if any, voting as a single class, class and any existing default or compliance with any provision of the Indenture, the Guarantees Indenture or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Guarantees Indenture or the Notes may be amended or supplemented, supplemented 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 any Guarantor's obligations to Holders of the Notes in case of a merger or consolidationconsolidation or sale of all or substantially all of the assets of the Company or of such 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 Indenture of any such Holder, to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the issuance Issuance of Additional Notes issued after the Issue Date in accordance with the limitations set forth in the Indenture, or to allow any Guarantor Subsidiary to execute a supplemental indenture to guarantee the Indenture and/or a Guarantee with respect to the Notes or to evidence and provide for the acceptance of appointment under the Indenture of a successor TrusteeNotes.

Appears in 1 contract

Sources: Indenture (Just for Feet Specialty Stores Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Guarantees Notes or the Notes Guarantees may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the Notes then outstanding, if any, voting as a single classoutstanding Notes, and any existing default Default or compliance with any provision of the Indenture, the Guarantees Notes or the Notes Guarantees may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Guarantees Notes or the Notes Guarantees may be amended or supplemented, supplemented 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 Guarantor's obligations to Holders of the Notes in case of a merger or consolidation, to provide for additional Guarantees as set forth in the Indenture or for the release or assumption of Guarantees in compliance with the Indenture, to make any change that would provide any additional rights or benefits to the Holders of the Notes (including the addition of any Guarantor) or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the provisions of the Depositary, Euroclear or Clearstream or the Trustee with respect to the provisions of the Indenture or the Notes relating to transfers and exchanges of Notes or beneficial interests therein, or to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, TIA or to provide for the issuance of Additional Notes issued after the Issue Date in accordance with the limitations set forth in the Indenture, to allow any Guarantor to execute a supplemental indenture to Indenture as of the Indenture and/or a Guarantee with respect to the Notes or to evidence and provide for the acceptance of appointment under the Indenture of a successor Trusteedate thereof.

Appears in 1 contract

Sources: Indenture (CSK Auto Corp)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Note Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the Notes then outstandingoutstanding Notes, if anyincluding the Fixed Rate Notes, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Note Guarantees or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes, if anyincluding the Fixed Rate Notes, voting as a single class. Without the consent of any Holder of a Note, the Indenture▇▇▇▇▇▇▇▇▇, the Note Guarantees or the Notes may be amended or supplemented, supplemented 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 Guarantor's obligations to Holders of the Notes in case of a merger or consolidationconsolidation or sale of all or substantially all of the Company's assets, 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 SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, or to provide for enter into additional or supplemental Collateral Documents. Any amendment to, or waiver of the issuance provisions of Notes issued after any of the Issue Date in accordance with the limitations set forth in the Indenture, Collateral Documents relating to allow any Guarantor to execute a supplemental indenture to Section 4.13 or Article 10 of the Indenture and/or shall require the consent of the Holders of at least 85% in aggregate principal amount of Notes, including the Fixed Rate Notes, then outstanding voting as a Guarantee with respect to the Notes or to evidence and provide for the acceptance of appointment under the Indenture of a successor Trusteesingle class.

Appears in 1 contract

Sources: Indenture (HWCC Shreveport Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Guarantees Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes then outstanding(and Additional Notes, if any, ) voting as a single class, and any existing default or compliance with any provision of the Indenture, the Guarantees Indenture or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes (and Additional Notes, if any, ) voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Guarantees Indenture or the Notes may be amended or supplemented, supplemented 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 Guarantor's obligations to Holders of the Notes in case of a merger or consolidationconsolidation or sale of all or substantially all of the Company's assets, 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 SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, Act or to provide for the issuance Issuance of Additional Notes issued after the Issue Date 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 Guarantee with respect to the Notes or to evidence and provide for the acceptance of appointment under the Indenture of a successor Trustee.

Appears in 1 contract

Sources: Indenture (Covad Communications Group Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Guarantees Indenture or the Notes Debentures may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the Notes Debentures then outstandingoutstanding (including, if anywithout limitation, voting as consents obtained in connection with a single classpurchase of, or tender offer or exchange offer for, Debentures) and any existing default or compliance with any provision of the Indenture, the Guarantees Indenture or the Notes Debentures may be waived with the consent of the Holders of a majority in principal amount of the Debentures then outstanding Notes(including, if anywithout limitation, voting as consents obtained in connection with a single classpurchase of, or tender offer or exchange offer for, Debentures). Without the consent of any Holder of a NoteDebentures, the Indenture, Company and the Guarantees Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented, Debentures to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes Debentures in addition to or in place of certificated NotesDebentures, to provide for the assumption of the Company's or Guarantor's obligations to Holders of the Notes Debentures in case of a merger or consolidation, or sale of all or substantially all of the Company's assets, to execute and deliver any document necessary or appropriate to release Liens on any Collateral in accordance with the terms of the Indenture, to make any change that would provide any additional rights or benefits to the Holders of the Notes Debentures or that does not adversely affect the legal rights under the Indenture of any such Holder, or to comply with the requirements of the SEC Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the issuance of Notes issued after the Issue Date 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 Guarantee with respect to the Notes or to evidence and provide for the acceptance of appointment under the Indenture of a successor Trustee.

Appears in 1 contract

Sources: Indenture (Finlay Enterprises Inc /De)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Notes, the Note Guarantees or and the Notes other Financing Documents may be amended or supplemented with the consent of the Holders (or in the case of the Collateral Agent, if applicable, at the direction of the Trustee acting on such Holders’ consent) of at least a majority in aggregate principal amount of the then outstanding Notes then outstandingvoting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), 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, voting as or interest on, the Notes, except a single class, and any existing payment default resulting from an acceleration that has been rescinded) or compliance with any provision of the Indenture, the Guarantees Indenture or the Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes, if any, Notes voting as a single classclass (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes). Without the consent of any Holder of a Note, the Indenture, the Notes, the Note Guarantees or and the Notes other Financing Documents may be amended or supplemented, supplemented to cure any ambiguity, defect or inconsistencyinconsistency in a manner that does not materially and adversely affect the rights of any Holder, to evidence and provide for the acceptance of an appointment of a successor Trustee, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or Guarantor's obligations any Note Guarantee, to Holders of secure the Notes in case or to confirm and evidence the release, termination or discharge of a merger any Note Guarantee of or consolidationLien on Collateral Securing the Notes when such release, termination or discharge is permitted by the Indenture, to given effect to any Permitted Reorganization or Existing Project Finance Loan Purchase to the extent permitted by the Indenture, or to make any other change that would provide any additional rights or benefits to the Holders of the Notes or that does not materially and adversely affect the legal rights under the Indenture of any such Holder, Holder or to comply with conform the requirements of the SEC in order to effect or maintain the qualification text of the Indenture under to any provision of the Trust Indenture Act, to provide for “Description of Notes” section of the issuance of Notes issued after the Issue Date 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 Guarantee with respect to the Notes or to evidence and provide for the acceptance of appointment under the Indenture of a successor TrusteeOffering Circular.

Appears in 1 contract

Sources: Indenture (QGOG Constellation S.A.)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Guarantees Note Guarantees, or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes then outstanding, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Guarantees Note Guarantees, or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes, if any, voting as a single class. Without the consent of the Holders of at least 75% in principal amount of the Notes 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), an amendment or waiver may not amend or modify any, of the provisions of the Indenture or the related definitions affecting the subordination or ranking of the Notes or any Note Guarantee in any manner adverse to the holders of the Notes or any Note Guarantee. Without the consent of any Holder of a Note, the Indenture, the Guarantees Note Guarantees, or the Notes may be amended or supplemented, supplemented 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 Guarantor's ’s obligations to Holders of the Notes in case of a merger or consolidationconsolidation or sale of all or substantially all of the assets of the Company, 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 SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, Act or to provide for allow any Subsidiary to guarantee the issuance of Notes issued after the Issue Date 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 Guarantee with respect to the Notes or to evidence and provide for the acceptance of appointment under the Indenture of a successor TrusteeNotes.

Appears in 1 contract

Sources: Indenture (Spectrum Brands, Inc.)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Guarantees Notes or the Notes any Subsidiary Guarantee may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes then outstanding(and Additional Notes, if any, ,) voting as a single class, and any existing default or compliance with any provision of the Indenture, the Guarantees Notes or the Notes any Subsidiary Guarantee may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes (and Additional Notes, if any, ,) voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Guarantees Notes or the Notes any Subsidiary Guarantee may be amended or supplemented, supplemented 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 any Guarantor's obligations to Holders of the Notes in case of a merger 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 SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the issuance of Additional Notes issued after the Issue Date 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 Guarantee with respect to the Notes or to evidence and provide for the acceptance of appointment under the Indenture of a successor TrusteeIndenture.

Appears in 1 contract

Sources: Indenture (Franks Nursery & Crafts Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Guarantees 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 then outstanding, if any, voting as a single class, and any existing default Default or Event of Default or compliance with any provision of the Indenture, the Guarantees Indenture or the Notes or the Guarantees may be waived with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes, if any, Notes voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Guarantees Indenture or the Notes or the Guarantees may be amended or supplemented, supplemented to cure any ambiguity, omission, mistake, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to comply with Section 5.01 of the Indenture, to provide for the assumption of the Company's Issuer’s or Guarantor's any Guarantors’ obligations to Holders of the Notes in case of a merger or consolidationHolders, 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 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 Indenture under the Trust Indenture ActTIA, to provide for the issuance of Notes issued after the Issue Date 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 Guarantee with respect to the Notes or to evidence and provide for the acceptance of and appointment under the Indenture of a successor TrusteeTrustee pursuant to the 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 date of the replacement.

Appears in 1 contract

Sources: Indenture (LPL Investment Holdings Inc.)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Guarantees 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 then outstanding, if any, voting as a single class, and any existing default Default or Event of Default or compliance with any provision of the Indenture, the Guarantees 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, if any, Notes voting as a single class. Without the consent of any Holder of a NoteNotes, the Indenture, the Guarantees Notes or the Notes Note Guarantees may be amended or supplemented, supplemented 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 ’s or a Guarantor's ’s obligations to Holders of the Notes in case of and Note Guarantees by a merger successor to the Company or consolidationsuch Guarantor pursuant to 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 Indenture of any such Holder, to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture ActTIA, to provide for conform the issuance text of Notes issued after the Issue Date in accordance with the limitations set forth in the Indenture, the Notes or the Note Guarantees to any provision of the “Description of Notes” section of the Offering 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 or the Note Guarantees, which intent may be evidenced by an Officer’s Certificate to that effect, to allow any Guarantor to execute a supplemental indenture to the Indenture and/or a Note Guarantee with respect to the Notes Notes, or to evidence and provide for the acceptance of the appointment under the Indenture of a successor Trustee.

Appears in 1 contract

Sources: Temporary Notes Indenture (Hillman Companies Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Guarantees 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 then outstanding, if any, voting as a single class, and any existing default Default or Event of Default or compliance with any provision of the Indenture, the Guarantees Indenture or the Notes or the Guarantees may be waived with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes, if any, Notes voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Guarantees Indenture or the Notes or the Guarantees may be amended or supplemented, supplemented to cure any ambiguity, omission, mistake, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to comply with Section 5.01 of the Indenture, to provide for the assumption of the Company's Issuer’s or Guarantor's any Guarantors’ obligations to Holders of the Notes in case of a merger or consolidationHolders, 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 add covenants for the benefit of the Holders or to surrender 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 Indenture under the Trust Indenture ActTIA, to provide for the issuance of Notes issued after the Issue Date 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 Guarantee with respect to the Notes or to evidence and provide for the acceptance of and appointment under the Indenture of a successor TrusteeTrustee pursuant to the requirements thereof.

Appears in 1 contract

Sources: Indenture (LPL Investment Holdings Inc.)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indenture, the Indenture, the Note Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the Notes then outstandingoutstanding (including, if anywithout limitation, voting as consents obtained in connection with a single classpurchase of, or tender offer or exchange offer for Notes), and any existing default or compliance with any provision of the Indenture, the Guarantees 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). Notwithstanding the foregoing, if any, voting as a single class. Without without the consent of any Holder of a NoteNotes, the Issuer, the Guarantors and the Trustee may amend or supplement the Indenture, the Note Guarantees or the Notes may be amended or supplemented, 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 GuarantorIssuer's obligations to Holders of the Notes in the case of a merger or consolidationconsolidation or sale of all or substantially all of the Issuer's assets, 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 Indenture of any such Holder, or to comply with the requirements of the SEC Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, Act or to provide for additional Note Guarantees of the issuance of Notes issued after the Issue Date 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 Guarantee with respect to the Notes or to evidence and provide for the acceptance of appointment under the Indenture of a successor TrusteeNotes.

Appears in 1 contract

Sources: Senior Subordinated Notes Agreement (Decrane Aircraft Holdings Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes then outstandingand Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Subsidiary Guarantees or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented, supplemented 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 any Guarantor's obligations to Holders of the Notes in case of a merger 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 SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the issuance Issuance of Additional Notes issued after the Issue Date 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 or to evidence and provide for the acceptance of appointment under the Indenture of a successor TrusteeNotes.

Appears in 1 contract

Sources: Indenture (Ipc Acquisition Corp)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Guarantees Pledge Agreement or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes then outstandingand Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Guarantees Pledge Agreement or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Guarantees Pledge Agreement or the Notes may be amended or supplemented, supplemented 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 GuarantorIssuer's obligations to Holders of the Notes in case of a merger 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 SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, or to provide for the issuance of Additional Notes issued after the Issue Date 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 Guarantee with respect to the Notes or to evidence and provide for the acceptance of appointment under the Indenture of a successor Trustee.

Appears in 1 contract

Sources: Indenture (International Specialty Products Inc /New/)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Guarantees Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the Notes then outstanding, if any, voting as a single classoutstanding Notes, and any existing default or compliance with any provision of the Indenture, the Guarantees Indenture or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Guarantees Indenture or the Notes may be amended or supplemented, supplemented 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 Guarantor's obligations to Holders of the Notes in case of a merger 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 secure the Notes pursuant to the requirements of Section 4.12, to add any additional Guarantor or to release any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, to add any Guarantor or to release any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, or to comply with the requirements of the SEC Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the issuance of Notes issued after the Issue Date 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 Guarantee with respect to the Notes or to evidence and provide for the acceptance of appointment under the Indenture of a successor Trustee.

Appears in 1 contract

Sources: Note (Frontier Oil Corp /New/)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Guarantees Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes then outstandingand Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Guarantees Indenture or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Guarantees Indenture or the Notes may be amended or supplemented, supplemented 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 Guarantor's obligations to Holders of the Notes in case of a merger or consolidationconsolidation or sale of all or substantially all of the Company's assets, 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 SEC Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the issuance of Additional Notes issued after the Issue Date in accordance with the limitations set forth in the Indenture, to release a Guarantor from its obligation under its Subsidiary Guarantee or this Indenture in accordance with the terms of this Indenture, to allow any Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee with respect to the Notes or to evidence and provide for the acceptance of the appointment under the Indenture of a successor TrusteeTrustee under this Indenture.

Appears in 1 contract

Sources: Indenture (Neighborcare Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Guarantees or Securities and the Notes other Note Documents may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the Notes then outstandingOutstanding Securities (including, if anywithout limitation, voting as consents obtained in connection with a single classpurchase of, or tender offer or exchange offer for, Securities), and any existing default or compliance with any provision of the Indenture, ​ ​ the Guarantees Securities or the Notes other Note Documents may be waived with the consent of the Holders of a majority in principal amount of the then outstanding NotesSecurities (including, if anywithout limitation, voting as consents obtained in connection with a single classpurchase of, or tender offer or exchange offer for, Securities). Without the consent of any Holder of a NoteSecurities, the Indenture, the Guarantees Securities or the Notes Security Documents may be amended or supplementedsupplemented to, to among other things, cure any ambiguity, defect to correct or inconsistencysupplement any provision which may be inconsistent with any other provision, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or Guarantor's obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights other provisions with respect to matters or benefits to questions arising under the Holders of the Notes Indenture or that does other Note Documents, provided such action shall not adversely affect the legal rights under interests of the Indenture of Holders in any such Holdermaterial respect, to comply with release, terminate or discharge, or to confirm and evidence the requirements of release, termination or discharge of, any Collateral or any Securities Guarantee when permitted or required by this Indenture or the SEC in order Security Documents or to effect amend or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the issuance of Notes issued after the Issue Date supplement any Security Document in accordance with the limitations set forth Indenture or the Security Document, including, without limitation, upon the replacement of a Collateral Rig Owner or in connection with a transfer of the Drilling Contract, in each case, in accordance with the Indenture, to allow any Guarantor to execute a supplemental indenture to the Indenture and/or a Guarantee with respect to the Notes or to evidence and provide for the acceptance of appointment under the Indenture of a successor Trustee.

Appears in 1 contract

Sources: Indenture (Transocean Ltd.)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented with the consent of A1-5 the Holders of at least a majority in principal amount of the then outstanding Notes then outstandingand Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Subsidiary Guarantees or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented, supplemented 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 Guarantor's obligations to Holders of the Notes in case of a merger 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 SEC Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the issuance of Additional Notes issued after the Issue Date 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 or to evidence and provide for the acceptance of appointment under the Indenture of a successor TrusteeNotes.

Appears in 1 contract

Sources: Indenture (Flo Fill Co Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indenture, the Indenture, Indenture and the Guarantees or the Notes Debentures may be amended or supplemented with the consent of the Holders of at least a majority in principal amount at maturity of the Notes Debentures then outstandingoutstanding (including, if anywithout limitation, voting as consents obtained in connection with a single classpurchase of, or tender offer or exchange offer for, Debentures), and any existing default or compliance with any provision of the Indenture, the Guarantees Indenture or the Notes Debentures may be waived with the consent of the Holders of a majority in principal amount at maturity of the then outstanding NotesDebentures (including, if anywithout limitation, voting as consents obtained in connection with a single classpurchase of, or tender offer or exchange offer for, Debentures). Without Notwithstanding the foregoing, without the consent of any Holder of a NoteDebentures, the Indenture, Issuer and the Guarantees Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented, Debentures to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes Debentures in addition to or in place of certificated NotesDebentures, to provide for the assumption of the Company's or GuarantorIssuer's obligations to Holders of Debentures in the Notes in case of a merger or consolidationconsolidation or sale of all or substantially all of the Issuer's assets, to make any change that would provide any additional rights or benefits to the Holders of the Notes Debentures or that does not materially adversely affect the legal rights under the Indenture of any such Holder, or to comply with the requirements of the SEC Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, Act or to provide for guarantees of the issuance of Notes issued after the Issue Date 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 Guarantee with respect to the Notes or to evidence and provide for the acceptance of appointment under the Indenture of a successor TrusteeDebentures.

Appears in 1 contract

Sources: Senior Discount Debenture Agreement (Thermadyne Holdings Corp /De)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Guarantees of the Notes or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes then outstandingand Additional Notes, if any, voting as a single class, class and any existing default or compliance with any provision of the Indenture, the Guarantees of the Notes or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Guarantees of the Notes or the Notes may be amended or supplemented, supplemented 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 's, Holdings' or a Guarantor's obligations to Holders of the Notes in case of a merger 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 SEC Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the issuance of Additional Notes issued after the Issue Date in accordance with the limitations set forth in the Indenture, Indenture or to allow Holdings and/or any Guarantor to execute a supplemental indenture to the Indenture and/or a Guarantee with respect to the Notes or to evidence and provide for the acceptance of appointment under the Indenture of a successor TrusteeNotes.

Appears in 1 contract

Sources: Indenture (Appalachian Realty Co)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Guarantees or Notes and 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 then outstanding, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Guarantees or Notes and the Notes Security Documents may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes, if any, Notes voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Guarantees or Notes and the Notes Security Documents may be amended or supplementedsupplemented among other things, to cure any ambiguity, omission, 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 Guarantor's obligations to Holders of the Notes in case of a merger or consolidationconsolidation or sale of all or substantially all of the Company's assets in accordance with the terms 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 Indenture of any such Holder, to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture ActTIA, to provide add to the covenants of the Company for the issuance benefit of Notes issued after the Issue Date in accordance with Holders or to surrender any right or power conferred by the limitations set forth Indenture upon the Company, or to effect any change to the transfer and exchange restrictions and Note delivery procedures contained in the Indenture, Indenture in order to allow conform with changes in any Guarantor to execute a supplemental indenture to the Indenture and/or a Guarantee with respect to the Notes applicable law or to evidence and provide for the acceptance of appointment under the Indenture of a successor TrusteeApplicable Procedures.

Appears in 1 contract

Sources: Indenture (Metromedia Fiber Network Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Note Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the Notes then outstanding, if anyoutstanding Notes, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Note Guarantees or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Note Guarantees or the Notes may be amended or supplemented, supple- mented 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 any Guarantor's obligations to Holders of the Notes in case of a merger 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 SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the issuance of Notes issued after the Issue Date in accordance with the limitations set forth in the Indenture, Act or 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 of appointment under the Indenture of a successor TrusteeNotes.

Appears in 1 contract

Sources: Indenture (Metaldyne Corp)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the this Indenture, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes then outstandingand Additional Notes, if any, voting as a single classclass (including, without limitation, consents obtained in connection with a purchase of, or tender offer of Notes), and any existing default or compliance with any provision of the Indenture, the Subsidiary Guarantees or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single classclass (including, without limitation, consents obtained in connection with a purchase of, or tender offer of Notes). Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented, supplemented 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 Guarantor's obligations to Holders of the Notes in case by a successor to the Company, pursuant to Article 5 of a merger or consolidationthe 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 Indenture of any such Holder, to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the issuance Issuance of Additional Notes issued after the Issue Date 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 or to evidence and provide for the acceptance of appointment under the Indenture of a successor TrusteeNotes.

Appears in 1 contract

Sources: Indenture (Carters Imagination Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Guarantees Indenture or the Notes Senior Debentures may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the Notes then outstandingoutstanding Senior Debentures and Additional Senior Debentures, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Guarantees Indenture or the Notes Senior Debentures may be waived with the consent of the Holders of a majority in principal amount of the then outstanding NotesSenior Debentures and Additional Senior Debentures, if any, voting as a single class. Without the consent of any Holder of a NoteSenior Debenture, the Indenture, the Guarantees Indenture or the Notes Senior Debentures may be amended or supplemented, supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes Senior Debentures in addition to or in place of certificated NotesSenior Debentures, to provide for the assumption of the Company's or GuarantorIssuers's obligations to Holders of the Notes Senior Debentures in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes Senior Debentures or that does not materially and adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the SEC Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, Act or to provide for the issuance of Notes issued after the Issue Date Additional Senior Debentures 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 Guarantee with respect to the Notes or to evidence and provide for the acceptance of appointment under the Indenture of a successor Trustee.

Appears in 1 contract

Sources: Indenture (Falcon Funding Corp)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Note Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes then outstandingand Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Note Guarantees or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of A1-4 102 any Holder of a Note, the Indenture, the Note Guarantees or the Notes may be amended or supplemented, supplemented 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 Guarantor's obligations to Holders of the Notes in case of a merger 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 SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the issuance Issuance of Additional Notes issued after the Issue Date 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 or to evidence and provide for the acceptance of appointment under the Indenture of a successor TrusteeNotes.

Appears in 1 contract

Sources: Indenture (Friendship Cable of Arkansas Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Guarantees Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the Notes then outstandingoutstanding and Additional Notes, if any, voting as a single classclass (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, the Notes), and any existing default Default or compliance with any provision of the Indenture, the Guarantees Indenture or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single classclass (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 Indenture, the Guarantees Indenture or the Notes may be amended or supplemented, supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Definitive Notes, to provide for the assumption of the Company's or any Guarantor's obligations to Holders of the Notes in case of a merger or consolidationconsolidation or sale of all or substantially all of the assets of 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 Indenture of any such Holder, Holder (including but not limited to adding a Guarantor under the Indenture and adding additional collateral for the benefit of Holders of the Notes) or to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, Act or to provide for the issuance of Notes issued after the Issue Date release any Guarantee in accordance with the limitations set forth in provisions of the Indenture, to allow any Guarantor to execute a supplemental indenture to the Indenture and/or a Guarantee with respect to the Notes or to evidence and provide for the acceptance of appointment under the Indenture of a successor Trustee.

Appears in 1 contract

Sources: Indenture (American Seafoods Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Note Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes then outstandingand Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Note Guarantees or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Note Guarantees or the Notes may be amended or supplemented, supplemented 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 Guarantor's obligations to Holders of the Notes in case of a merger or consolidationconsolidation or sale of all or substantially all of the Company's assets, 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 SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the issuance of Additional Notes issued after the Issue Date 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 or to evidence and provide for the acceptance of appointment under the Indenture of a successor TrusteeNotes.

Appears in 1 contract

Sources: Indenture (Carmike Cinemas Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Guarantees or Security Documents, Intercreditor Agreement and the Notes may be amended or supplemented with the written consent of the Holders of at least a majority in aggregate principal amount of the Notes then outstanding, if any, voting as a single class, and any existing default Default or compliance with any provision of the Indenture, the Guarantees or the Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the Notes then outstanding Notes, if any, voting as a single classoutstanding. Without the notice to or consent of any Holder of a NoteHolder, the parties thereto may amend or supplement the Indenture, the Guarantees or Security Documents, Intercreditor Agreement, the Notes may be amended or supplementedand the Note Guarantees to, to among other things, cure any ambiguity, defect or inconsistencyinconsistency in the Indenture, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or Guarantor's obligations to Holders of the Notes in case of a merger 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 any requirements of the SEC in order to effect or maintain connection with the qualification of the Indenture under the Trust Indenture Act, to provide for the issuance of Notes issued after the Issue Date in accordance conform with the limitations set forth “Description of Notes” as presented in the IndentureOffering Circular, to allow make any Guarantor change in the Intercreditor Agreement and the Security Documents to execute a supplemental indenture permit or govern any Indebtedness with Liens on the Collateral that are intended to be junior in ranking to the Indenture and/or a Guarantee with respect to Liens on the Collateral securing the Notes and the Guarantees or to evidence and provide for enter into a Junior Intercreditor Agreement governing any such Indebtedness or make any change that does not materially adversely affect the acceptance rights of appointment under the Indenture any Holder of a successor TrusteeNote.

Appears in 1 contract

Sources: Indenture (Ply Gem Holdings Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes then outstanding, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Subsidiary Guarantees or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes, if any, Notes voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented, supplemented 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 Subsidiary Guarantor's obligations to Holders of the Notes in case of a merger 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 SEC Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the issuance of Notes issued after the Issue Date in accordance with the limitations set forth in the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee with respect to the Notes or to evidence and provide for the acceptance of appointment under the Indenture of a successor TrusteeNotes.

Appears in 1 contract

Sources: Indenture (Newcor Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding (including any Additional Notes) Notes then outstanding, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Subsidiary Guarantees or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes (including any Additional Notes, if any, ) voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees or the Notes may A-4 be amended or supplemented, supplemented 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 Guarantor's obligations to Holders of the Notes in case of a merger 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 SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the issuance of Additional Notes issued after the Issue Date 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 or to evidence and provide for the acceptance of appointment under the Indenture of a successor TrusteeNotes.

Appears in 1 contract

Sources: Indenture (Pacific Environmental Group Inc /Pa)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Note Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes then outstandingand Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Note Guarantees or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Note Guarantees or the Notes may be amended or supplemented, supplemented 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 Guarantor's obligations to Holders of the Notes in case of a merger 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 SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the issuance of Additional Notes issued after the Issue Date 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 or to evidence and provide for the acceptance of appointment under the Indenture of a successor TrusteeNotes.

Appears in 1 contract

Sources: Indenture (Emmis 105 5 Fm Radio License Corp of Terre Haute)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Guarantees Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes then outstandingand Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Guarantees Indenture or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Guarantees Indenture or the Notes may be amended or supplemented, supplemented 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 Guarantor's obligations to Holders of the Notes in case of a merger or consolidationconsolidation or sale of all or substantially all of the assets of the Company, 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 Indenture of any such Holder, to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture ActAct or to allow any Subsidiary to guarantee the Notes, to provide for the issuance Issuance of Additional Notes issued after the Issue Date 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 Guarantee with respect to the Notes or to evidence and provide for the acceptance of appointment under the Indenture of a successor TrusteeNotes.

Appears in 1 contract

Sources: Indenture (Team Health Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Guarantees Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the Notes then outstandingoutstanding and Additional Notes, if any, voting as a single classclass (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, the Notes), and any existing default Default or compliance with any provision of the Indenture, the Guarantees Indenture or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes, and Additional Notes, if any, voting as a single classclass (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 Indenture, the Guarantees Indenture or the Notes may be amended or supplemented, supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Definitive Notes, to provide for the assumption of the Company's or any Guarantor's obligations to Holders of the Notes in case of a merger or consolidationconsolidation or sale of all or substantially all of the assets of 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 Indenture of any such Holder, Holder (including but not limited to adding a Guarantor under the Indenture and adding additional collateral for the benefit of Holders of the Notes) or to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, Act or to provide for the issuance of Notes issued after the Issue Date release any Guarantee in accordance with the limitations set forth in provisions of the Indenture, to allow any Guarantor to execute a supplemental indenture to the Indenture and/or a Guarantee with respect to the Notes or to evidence and provide for the acceptance of appointment under the Indenture of a successor Trustee.

Appears in 1 contract

Sources: Indenture (American Seafoods Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Guarantees Guaranties or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes then outstandingand Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Guarantees Guaranties or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Guarantees Guaranties or the Notes may be amended or supplemented, supplemented 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 Guarantor's obligations to Holders of the Notes in case of a merger or consolidationconsolidation or sale of all or substantially all of the Company's assets, 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 SEC Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the issuance of Additional Notes issued after the Issue Date 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 Guarantee Guaranties with respect to the Notes or to evidence and provide for the acceptance of appointment under the Indenture of a successor TrusteeNotes.

Appears in 1 contract

Sources: Indenture (Mark I Molded Plastics of Tennessee Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Guarantees Notes or the Notes Guarantees may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the Notes then outstanding, if any, voting as a single classoutstanding Notes, and any existing default Default or compliance with any provision of the Indenture, the Guarantees Notes or the Notes Guarantees may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Guarantees Notes or the Notes Guarantees may be amended or supplemented, supplemented 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 Guarantor's ’s obligations to Holders of the Notes in case of a merger or consolidation, to provide for additional Guarantors as set forth in the Indenture or for the release or assumption of Guarantees in compliance with the Indenture, to make any change that would provide any additional rights or benefits to the Holders of the Notes (including the addition of any Guarantor) or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the provisions of the Depositary, Euroclear or Clearstream or the Trustee with respect to the provisions of the Indenture or the Notes relating to transfers and exchanges of Notes or beneficial interests therein, or to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the issuance of Notes issued after the Issue Date 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 Guarantee with respect to the Notes or to evidence and provide for the acceptance of appointment under the Indenture of a successor TrusteeTIA.

Appears in 1 contract

Sources: Indenture (Bio Rad Laboratories Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Guarantees Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes then outstanding, if any, voting as a single class, and any existing default or compliance with any provision of the IndentureIndenture or the Notes (other than a Default or Event of Default in the payment of the principal of or premium, if any, Additional Interest, if any, or interest on the Guarantees Notes) 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, if any, Notes voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Guarantees Indenture or the Notes may be amended or supplemented, supplemented 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 Guarantor's obligations to Holders of the Notes in case of a merger or consolidationconsolidation or sale of all or substantially all of the Company's assets, to provide for the issuance of Additional Notes in accordance with the limitations set forth in 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 Indenture of any such Holder, or to comply with the requirements of the SEC Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the issuance of Notes issued after the Issue Date 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 Guarantee with respect to the Notes or to evidence and provide for the acceptance of appointment under the Indenture of a successor Trustee.

Appears in 1 contract

Sources: Indenture (Sierra Pacific Resources /Nv/)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Guarantees Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes then outstanding, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Guarantees Indenture or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes, if any, Notes voting as a single class. Without the consent of any Holder of a NoteHolder, the Indenture, the Guarantees Indenture or the Notes may be amended or supplemented, supplemented to cure any ambiguity, omission, defect or inconsistencyinconsistency in any manner that is not adverse in any material respect to any Holder, to provide for the assumption by a successor corporation of the obligations of the Issuer 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 to release Guarantors of the Notes from Guarantees with respect to the Notes as permitted by the terms of the Indenture, secure the Notes, to provide add to the covenants of the Issuer for the assumption benefit of the Company's Holders or Guarantor's obligations to Holders of surrender any right or power conferred upon the Notes in case of a merger or consolidationIssuer, 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, make any change to comply with the requirements any requirement of the SEC in order to effect or maintain connection with the qualification of the Indenture under the Trust Indenture Act, to TIA or provide for the issuance of Additional Notes issued after the Issue Date 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 Guarantee with respect to the Notes or to evidence and provide for the acceptance of appointment under the Indenture of a successor Trustee.

Appears in 1 contract

Sources: Indenture (Coventry Health Care Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Guarantees 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 principal amount of the Notes then outstanding, if anyoutstanding Notes, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Guarantees Note Guarantees, the Collateral Documents or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Guarantees Note Guarantees, the Collateral Documents or the Notes may be amended or supplemented, supplemented 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 either of the Company's or Guarantor's Issuers' obligations to Holders of the Notes in case of a merger or consolidationconsolidation or sale of all or substantially all of that Issuers' assets, 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 SEC in order to effect or maintain the A2-8 qualification of the Indenture under the Trust Indenture ActAct or to enter into additional or supplemental Collateral Documents or an intercreditor agreement with a Pari Passu Debtholder. Any amendment to, or waiver of the provisions of any of the Collateral Documents relating to provide for the issuance Section 4.13 or Article 10 of Notes issued after the Issue Date in accordance with the limitations set forth in the Indenture, to allow any Guarantor to execute a supplemental indenture to the Indenture and/or shall require the consent of the Holders of at least 85% in aggregate principal amount of Notes, then outstanding, voting as a Guarantee with respect to the Notes or to evidence and provide for the acceptance of appointment under the Indenture of a successor Trusteesingle class.

Appears in 1 contract

Sources: Indenture (HCS Ii Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Guarantees Indenture or the Notes Debentures may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the Notes then outstandingoutstanding Debentures and Additional Debentures, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Guarantees Indenture or the Notes Debentures may be waived with the consent of the Holders of a majority in principal amount of the then outstanding NotesDebentures and Additional Debentures, if any, voting as a single class. Without the consent of any Holder of a NoteDebenture, the Indenture, the Guarantees Indenture or the Notes Debentures may be amended or supplemented, supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes Debentures in addition to or in place of certificated NotesDebentures, to provide for the assumption of the Company's or Guarantor's Issuers' obligations to Holders of the Notes Debentures in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes Debentures or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the SEC Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, or to provide for the issuance Issuance of Notes issued after the Issue Date Additional Debentures 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 Guarantee with respect to the Notes or to evidence and provide for the acceptance of appointment under the Indenture of a successor Trustee.

Appears in 1 contract

Sources: Debenture Agreement (Grove Holdings Capital Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Guarantees Notes or the Notes Parent Guarantee may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the Notes then outstanding, if any, voting as a single classoutstanding Notes, and any existing default Default or compliance with any provision of the Indenture, the Guarantees Notes or the Notes Parent Guarantee may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Guarantees Notes or the Notes Parent Guarantee may be amended or supplemented, supplemented 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 Guarantor's obligations to Holders of the Notes in case of a merger or consolidation, to provide for additional Guarantors as set forth in the Indenture or for the release or assumption of Guarantees in compliance with 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 Indenture of any such Holder, to comply with the provisions of the Depositary, Euroclear or Clearstream or the Trustee with respect to the provisions of the Indenture or the Notes relating to transfers and exchanges of Notes or beneficial interests therein, or to comply with the requirements of the SEC Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, TIA or to provide for the issuance of Additional Notes issued after the Issue Date in accordance with the limitations set forth in the Indenture, to allow any Guarantor to execute a supplemental indenture to Indenture as of the Indenture and/or a Guarantee with respect to the Notes or to evidence and provide for the acceptance of appointment under the Indenture of a successor Trusteedate thereof.

Appears in 1 contract

Sources: Indenture (Dennys Corp)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes then outstandingand Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Guarantees Indenture or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented, supplemented 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 Guarantor's obligations to Holders of the Notes in case of a merger 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 SEC Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the issuance Issuance of Additional Notes issued after the Issue Date in accordance with the limitations set forth in the 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, or to allow any Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee with respect to the Notes or to evidence and provide for the acceptance of appointment under the Indenture of a successor TrusteeNotes.

Appears in 1 contract

Sources: Indenture (Lone Star Technologies Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Guarantees Subsidiary Guarantee, the Parent Guarantee or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes then outstanding, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Guarantees Subsidiary A1-4 Guarantee, the Parent Guarantee or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes, if any, Notes voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Guarantees Subsidiary Guarantee, the Parent Guarantee or the Notes may be amended or supplementedsupplemented to change a notice address, to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated 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 of the Notes, to provide for the assumption of the Company's or any Guarantor's obligations to Holders of the Notes in case of a merger 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 SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the issuance acceptance of Notes issued after appointment under the Issue Date in accordance Indenture of a successor Trustee with respect to the limitations set forth in the IndentureNotes, or to allow any Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee or a Parent Guarantee with respect to the Notes or to evidence and provide for the acceptance of appointment under the Indenture of a successor TrusteeNotes.

Appears in 1 contract

Sources: Indenture (Appleton Papers Inc/Wi)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes then outstandingand Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Subsidiary Guarantees or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented, supplemented 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 Guarantor's obligations to Holders of the Notes in case of a merger 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 SEC Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the issuance Issuance of Additional Notes issued after the Issue Date 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 or to evidence and provide for the acceptance of appointment under the Indenture of a successor TrusteeNotes.

Appears in 1 contract

Sources: Indenture (Dominos Pizza Government Services Division Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Note Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least A1-4 101 a majority in principal amount of the then outstanding Notes then outstandingand Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Note Guarantees or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Note Guarantees or the Notes may be amended or supplemented, supplemented 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 Guarantor's obligations to Holders of the Notes in case of a merger 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 SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the issuance Issuance of Additional Notes issued after the Issue Date 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 or to evidence and provide for the acceptance of appointment under the Indenture of a successor TrusteeNotes.

Appears in 1 contract

Sources: Indenture (Classic Network Transmission LLC)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the IndentureIndenture , the Note Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes then outstandingand Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Note Guarantees or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Note Guarantees or the Notes may be amended or supplemented, supplemented 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 any Guarantor's obligations to Holders of the Notes in case of a merger 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 add a Guarantor, to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the issuance Issuance of Additional Notes issued after the Issue Date in accordance with the limitations set forth in the Indenture, to allow make any Guarantor to execute a supplemental indenture to change in the subordination provisions of the Indenture and/or a Guarantee with respect that would limit or terminate the benefits available to any holder of Senior Debt or to secure the Notes or to evidence and provide for the acceptance of appointment under the Indenture of a successor TrusteeNote Guarantees.

Appears in 1 contract

Sources: Indenture (National Waterworks Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Guarantees Notes or the Notes Parent Guarantee may be amended or supplemented with the consent of the Holders of at least a majority in of the aggregate principal amount of the then outstanding Notes then outstanding, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Guarantees Notes (other than a Default or Event of Default in the payment of the principal of or premium, if any, interest or Additional Interest, if any, on the Notes) or the Parent Guarantee or compliance with any provision of the Indenture, the Notes or the Parent Guarantee may be waived with the consent of the Holders of a majority in of the aggregate principal amount of the then outstanding Notes, if any, Notes voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Guarantees Notes or the Notes Parent Guarantee may be amended or supplemented, supplemented to cure any ambiguity, omission, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption by a successor corporation of the Company's ’s or the Guarantor's ’s obligations to Holders of the Notes in the case of a merger or consolidationconsolidation of the Company or the 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 of the Notes under the Indenture of in any such Holdermaterial respect, to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for Act or conform the issuance text of Notes issued after the Issue Date in accordance with the limitations set forth in the Indenture, the Parent Guarantee or the Notes to allow any Guarantor to execute a supplemental indenture provision of the “Description of Notes” contained in the Offering Memorandum to the Indenture and/or extent that such provision was intended (as evidenced by an Officers’ Certificate) to be a Guarantee with respect to the Notes or to evidence and provide for the acceptance of appointment under the Indenture verbatim recitation of a successor Trusteeprovision of the Indenture, the Parent Guarantee or the Notes.

Appears in 1 contract

Sources: Indenture (Sba Communications Corp)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Guarantees Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the Notes then outstanding, if any, voting as a single classoutstanding Notes, and any existing default or compliance with any provision of the Indenture, the Guarantees Indenture or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Guarantees Indenture or the Notes may be amended or supplemented, supplemented 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 Guarantor's obligations to Holders of the Notes in case pursuant to Article 5 of a merger the Indenture, to secure the Notes pursuant to Section 4.12 of the Indenture or consolidationotherwise, 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 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 release any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, or to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the issuance of Notes issued after the Issue Date 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 Guarantee with respect to the Notes or to evidence and provide for the acceptance of appointment under the Indenture of a successor Trustee.

Appears in 1 contract

Sources: Indenture (Medic Systems Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Guarantees Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes then outstandingand Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Guarantees Indenture or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Guarantees Indenture or the Notes may be amended or supplemented, supplemented 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 Guarantor's Issuers' obligations to Holders of the Notes in case of a merger or consolidationconsolidation or sale of all or substantially all of the assets of the Issuers, 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 Indenture of any such Holder, to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture ActAct or to allow any Subsidiary to guarantee the Notes, to provide for the issuance Issuance of Additional Notes issued after the Issue Date 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 Guarantee with respect to the Notes or to evidence and or provide for the acceptance of appointment under the Indenture of by a successor Trustee.

Appears in 1 contract

Sources: Indenture (Emergency Medical Services CORP)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Guarantees 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 principal amount of the Notes then outstanding, if anyoutstanding Notes, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Guarantees Note Guarantees, the Collateral Documents or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Guarantees Note Guarantees, the Collateral Documents or the Notes may be amended or supplemented, supplemented 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 either of the Company's or Guarantor's Issuers' obligations to Holders of the Notes in case of a merger or consolidationconsolidation or sale of all or substantially all of that Issuers' assets, 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 SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture ActAct or to enter into additional or supplemental Collateral Documents or an intercreditor agreement with a Pari Passu Debtholder. Any amendment to, or waiver of the provisions of any of the Collateral Documents relating to provide for the issuance Section 4.13 or Article 10 of Notes issued after the Issue Date in accordance with the limitations set forth in the Indenture, to allow any Guarantor to execute a supplemental indenture to the Indenture and/or shall require the consent of the Holders of at least 85% in aggregate principal amount of Notes, then outstanding, voting as a Guarantee with respect to the Notes or to evidence and provide for the acceptance of appointment under the Indenture of a successor Trusteesingle class.

Appears in 1 contract

Sources: Indenture (HCS Ii Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Guarantees Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the Notes then outstanding, if any, voting as a single classoutstanding Notes, and any existing default or compliance with any provision of the Indenture, the Guarantees Indenture or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes. In addition, any amendment to the provisions of Article 10 of the Indenture (which relate to subordination) will require the consent of the Holders of at least 75% in the aggregate principal amount of the Notes then outstanding, if any, voting as a single classsuch amendment would adversely affect the rights of Holders of Notes. Without the consent of any Holder of a Note, the Indenture, the Guarantees Indenture or the Notes may be amended or supplemented, supplemented 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 any Guarantor's obligations to Holders of the Notes in case of a merger or consolidation, to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture on the Issue Date), 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, or to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the issuance of Notes issued after the Issue Date 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 Guarantee with respect to the Notes or to evidence and provide for the acceptance of appointment under the Indenture of a successor Trustee.

Appears in 1 contract

Sources: Indenture (Desa Holdings Corp)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture, the Guarantees 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 then outstanding(including, if anywithout limitation, voting as consents obtained in connection with a single classpurchase of, and any or tender offer or exchange offer for, Notes). Any existing default Default or compliance with any provision of the Indenture, the Guarantees 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 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, if any, voting as a single class). Without the consent of any Holder of a Note, the Indenture, Issuers and the Guarantees Trustee may amend or supplement the 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 Company's or Guarantor's Issuers’ obligations to Holders of in the Notes in case of a merger or consolidationconsolidation 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 Indenture of any such Holder, (vi) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust TIA or otherwise as necessary to comply with applicable law or (vii) to conform the Indenture Act, to provide for or the issuance of Notes issued after the Issue Date 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 Guarantee with respect to “Description of Notes” section of the Notes or to evidence and provide for the acceptance of appointment under the Indenture of a successor TrusteeOffering Memorandum.

Appears in 1 contract

Sources: Indenture (Charter Communications, Inc. /Mo/)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions set forth in the Indenturefollowing paragraphs, the Indenture, the Notes and the Subsidiary Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the Notes then outstandingoutstanding (including consents obtained in connection with a tender offer or exchange offer for 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, voting as interest or Liquidated Damages, if any, on the Notes, except a single class, and any existing payment default resulting from an acceleration that has been rescinded) or compliance with any provision of the Indenture, the Guarantees Notes or the Notes Subsidiary Guarantees may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes (including consents obtained in connection with a tender offer or exchange offer for Notes, if any, voting as a single class). Without the consent of any Holder of a NoteNotes, the Company, the Guaranteeing Subsidiaries and the Trustee may amend or supplement the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented, 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 Guarantora Guaranteeing Subsidiary's obligations to Holders of the Notes in case of a merger 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 SEC Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the issuance of Notes issued after the Issue Date in accordance with the limitations set forth in the Indenture, Act or to allow any Guarantor Guaranteeing Subsidiary to execute a supplemental indenture to guarantee the Indenture and/or a Guarantee with respect to the Notes or to evidence and provide for the acceptance of appointment under the Indenture of a successor TrusteeNotes.

Appears in 1 contract

Sources: Indenture (Advanced Medical Inc)