Common use of AMENDMENT, SUPPLEMENT AND WAIVER Clause in Contracts

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company and the Trustee may amend or supplement the Indenture or the Notes with the consent of the Holders of a majority in principal amount of the then outstanding Notes, voting as a single class (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 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 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 then outstanding voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes). Without the consent of any Holder, the Company and the Trustee may amend or supplement the Indenture or the Notes to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, to provide for uncertificated Notes in addition to or in place of certificated Notes, to add Subsidiary Guarantors or additional obligors with respect to the Notes, to secure the Notes or the Subsidiary Guarantees, to add to the covenants of the Company for the benefit of the Holders of the Notes or to surrender any right or power conferred upon the Company, to make any change that does not materially and adversely affect the legal rights under the Indenture of any such Holder, to make any change to comply with any requirement of the Commission in order to effect or maintain the qualification of the Indenture under the TIA.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes, voting as a single class (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 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) default or compliance with any provision of the 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 then outstanding voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes). Without the consent of any HolderHolder of a Note, the Company and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to add Subsidiary Guarantors or additional obligors with respect provide for the assumption of an Issuer’s obligations to the Notes, to secure Holders of the Notes or the Subsidiary Guarantees, pursuant to add to the covenants Article 5 of the Company for the benefit of Indenture, (4) to make any change that would provide any additional rights or benefits to the Holders of the Notes or to surrender any right or power conferred upon the Company, to make any change that does not materially and adversely affect the legal rights under the Indenture of any such Holder, to make provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with any requirement the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act or (9) to evidence or provide for the acceptance of appointment under the Indenture of a successor Trustee.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptionsthe following paragraphs, the Company Indenture and the Trustee Notes may amend be amended or supplement the Indenture or the Notes supplemented with the consent of the Holders of at least a majority in principal amount of the Notes then outstanding Notes, voting as a single class (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 or Event of Default (except other than a continuing Default or Event of Default in the payment of principalthe principal of, premium, if any, or interest on the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of the Indenture or the Notes (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 then outstanding voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes). Without the consent of any Holder, the Company Issuer and the Trustee may amend or supplement the Indenture or the Notes to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, ; to provide for uncertificated Notes in addition to or in place of certificated Notes, ; to add Subsidiary Guarantors or additional obligors with respect to provide for the Notes, to secure the Notes or the Subsidiary Guarantees, to add to the covenants assumption and discharge of the Company for Issuer's obligations to Holders in the benefit case of a merger or consolidation pursuant to Article 5 of the Holders Indenture; to make changes in the Security Documents determined by the Issuer to be necessary or appropriate in connection with the execution and delivery by the Issuer of the Notes or initial New Credit Facility, subject to surrender any right or power conferred upon certain limitations set forth in the Company, Indenture; to make any change that would provide any additional rights or benefits to the Holders or that does not materially and adversely affect the legal rights under the Indenture of any such Holder, to make any change ; or to comply with any requirement requirements of the Commission in order to effect or maintain the qualification of the Indenture under the TIA.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes, voting as a single class (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 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 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 then outstanding voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes)outstanding. Without the consent of any HolderHolder of a Note, the Company and the 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 of the obligations of the Company under the Indenture, to provide for uncertificated Notes in addition to or in place of certificated Notes, to add Subsidiary Guarantors or additional obligors with respect to provide for the Notes, to secure the Notes assumption of an Issuer's or the Subsidiary Guarantees, Parent's obligations to add to the covenants of the Company for the benefit of the Holders of the Notes under the Indenture or any Guarantor's Obligations under its Guarantee in the case of a merger, consolidation or sale of assets involving an Issuer, the Parent or such Guarantor, as applicable, pursuant to surrender any right Article 5 or power conferred upon Article 10 of the CompanyIndenture, to make any change that would provide any additional rights or benefits to the Holders of the Notes (including providing for Guarantees of the Notes and any supplemental indenture required pursuant to Section 4.15 of the Indenture) or that does not materially and adversely affect the legal rights under the Indenture of any such Holder, to make any change to comply with any requirement requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the TIATIA and to release a Guarantor in accordance with the Indenture.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company and Indenture, the Trustee may amend or supplement the Indenture 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 and Additional Notes, if any, voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes)class, and, subject to Sections 6.04 and 6.07 of the Indenture, any existing Default or Event of Default (except a continuing Default or Event of Default in the payment of principal, premium, if any, or interest on the Notes) default or compliance with any provision of the Indenture Indenture, the Note Guarantees 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 then outstanding and Additional Notes, if any, voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes)class. Without the consent of any HolderHolder of a Note, the Company and Indenture, the Trustee may amend or supplement the Indenture Note Guarantees 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 of the obligations of the Company under the Indenture, to provide for uncertificated Notes in addition to or in place of certificated Notes, to add Subsidiary Guarantors provide for the assumption of the Company's or additional obligors with respect any Guarantor's obligations to Holders of the NotesNotes in case of a merger or consolidation, to secure the Notes make any change that would provide any additional rights or the Subsidiary Guarantees, benefits to add to the covenants of the Company for the benefit of the Holders of the Notes or to surrender any right or power conferred upon the Company, to make any change that does not materially and adversely affect the legal rights under the Indenture of any such Holder, to make any change to comply with any requirement the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act, to provide for the Issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or to allow any Guarantor to execute a supplemental indenture to the Indenture and/or a Note Guarantee with respect to the Notes.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company and Indenture, the Trustee may amend or supplement the Indenture Securities 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, Outstanding Securities affected by such amendment or supplemental indenture voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes)class, and, subject to Sections 6.04 and 6.07 of the Indenture, any existing Default or Event of Default (except a continuing Default or Event of Default in the payment of principal, premium, if any, or interest on the Notes) or compliance with any provision of the Indenture Indenture, the Securities Guarantee 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 then outstanding Outstanding Securities affected thereby voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer class. The Indenture also provides for the Notes)calling and holding of meetings of the Holders of Notes that permit certain amendments to be made to the Indentures, the Securities Guarantee and the Notes by resolutions passed by the favourable votes of the Holders of at least 50% of the principal amount of the Notes (or any series thereof) present in person or by proxy at any such meeting. Without the consent of any HolderHolder of a Note, the Company and Indenture, the Trustee may amend or supplement the Indenture Securities Guarantee or the Notes to may be amended or supplemented to, among other things, cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation 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 for the assumption of the Issuer’s obligations to Holders of Notes in the case of a merger, to amalgamation or consolidation or sale of all or substantially all of the Issuer’s assets; add Subsidiary Guarantors or additional obligors Guarantees with respect to the Notes, to ; secure the Notes Notes; to make any other change that would provide any additional rights or the Subsidiary Guarantees, benefits to add to the covenants of the Company for the benefit of the Holders of the Notes or to surrender any right or power conferred upon the Company, to make any change that does not materially and adversely affect the legal rights under the Indenture of any such Holder, to make any change ; or to comply with any requirement requirements of the Commission in order to effect applicable Canadian or maintain the qualification of the Indenture under the TIAUnited States laws.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company and the Trustee Indenture may amend or supplement the Indenture or the Notes be amended with the consent of the Holders of a majority in principal amount of the Notes then outstanding Notes, voting as a single class (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 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) past default or compliance with any provision of the Indenture or the Notes (except for certain covenants and provisions of the Indenture that cannot be amended without the consent of each Holder) may also be waived with the consent of the Holders holders of a majority in principal amount of the then outstanding Notes then outstanding voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes). Without However, without the consent of each Holder of an outstanding Note affected thereby, an amendment or waiver may not, among other things: (1) reduce the amount of Notes whose Holders must consent to an amendment; (2) reduce the rate of or extend the time for payment of interest on any Note; (3) reduce the principal of or change the Stated Maturity of any Note; (4) change the provisions applicable to the redemption of any Note as provided under Article 3, other than minimum or maximum notice requirements; (5) make any Note payable in money other than that stated in the Note; (6) modify the contractual right of a Holder of Notes to bring suit for the payment of principal, interest or premium (if any) on the Notes held by such Holder, on or after the respective due dates, including by modifying Section 6.7 of the Indenture; (7) make any change in the amendment or waiver provisions which require each Holder’s consent as described in Sections 9.2(a)(1) through (6) or Sections 9.2(a)(8) and (9) of the Indenture; (8) make any change in the ranking or priority of any Note or Note Guarantee that would adversely affect the Noteholders; or (9) make any change in the provisions of Section 2.13 of the Indenture that adversely affects the rights of any Noteholder. Notwithstanding the preceding, without the consent of any HolderHolder of the Notes, the Company Company, the Issuer and the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture or the Notes Indenture: (1) to cure any ambiguity, omission, defect or inconsistency, inconsistency in the Indenture; (2) to provide for the assumption by a successor corporation entity of the obligations of the Company Company, the Issuer or any Subsidiary Guarantor under the Indenture, ; (3) to provide for uncertificated Notes in addition to or in place of certificated Notes, Notes (provided that the uncertificated Notes are issued in registered form for purposes of Section 163(f) of the Code); (4) to add Subsidiary Guarantors or additional obligors Guarantees with respect to the Notes, including any Subsidiary Guarantee, or to secure the Notes or the Subsidiary Guarantees, Notes; (5) to add to the covenants of the Company Company, the Issuer or any Subsidiary Guarantor for the benefit of the Holders of the Notes or to surrender any right or power conferred upon the Company, the Issuer or any Subsidiary Guarantor; (6) to make any change that does not materially and adversely affect the legal rights under the Indenture of any such Holder, to make Holder of the Notes in any change material respect; (7) to comply with any requirement of the Commission SEC in order to effect or maintain connection with the qualification of the Indenture under the TIATrust Indenture Act; (8) to conform the text of the Indenture, the Notes or any Note Guarantee to any provision of the “Description of Notes” in the Offering Memorandum, as determined in good faith by the Company; (9) to make any amendment to the provisions of the Indenture relating to the transfer and legending of Notes; provided, however, that (A) compliance with the Indenture as so amended would not result in Notes being transferred in violation of the Securities Act or any other applicable securities law and (B) such amendment does not materially and adversely affect the rights of Holders to transfer Notes except as required to satisfy any applicable requirements of the securities laws, including any exemption from registration thereunder; (10) to evidence and provide for the acceptance and appointment under the Indenture of a successor Trustee thereunder pursuant to the requirements thereof; and (11) to provide for the issuance of Additional Notes in accordance with the terms of the Indenture.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company Indenture or the Notes may be modified, amended or supplemented with the written consent of the Holders of at least a majority in principal amount of the Notes then outstanding voting as a single class, and the Trustee may amend any existing Default or supplement compliance with any provision of the Indenture or the Notes may be waived with the written consent of the Holders of a majority in principal amount of the then outstanding Notes, voting as a single class (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 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 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 then outstanding voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes)class. Without the consent of any HolderHolder of a Note, the Company and the Trustee may amend or supplement the Indenture or the Notes may be modified, amended or supplemented: (a) to cure any ambiguity, omission, defect or inconsistency, to provide for inconsistency that does not adversely affect in any material respect the assumption by a successor corporation rights hereunder of any Holder of the obligations of the Company Notes under the Indenture, ; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes, ; (c) to add Subsidiary Guarantors or additional obligors with respect alter the provisions of the Indenture to provide for the assumption of the Company’s obligations to the Notes, to secure the Notes or the Subsidiary Guarantees, to add Holders by a successor to the covenants Company pursuant to Article 5 of the Company for the benefit of Supplemental Indenture; (d) to make any change that would provide any additional rights or benefits to the Holders of the Notes or to surrender any right or power conferred upon the Company, to make any change that does not materially and adversely affect in any material respect the legal rights under the Indenture hereunder of any such Holder, Holder of the Notes; (e) to make any change conform the provisions of the Notes to the “Description of the Notes” and “Description of Debt Securities” section of the Prospectus; (f) to comply with any requirement requirements of the Commission in order to effect or maintain connection with the qualification of the Indenture under the TIATrust Indenture Act; (g) to comply with the rules of any applicable depositary; or (h) to evidence and provide for the acceptance of appointment under the Supplemental Indenture of a successor Trustee.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptionsSECTION 9.01. WITHOUT CONSENT OF HOLDERS OF NOTES. Notwithstanding Section 9.02 of this Indenture, the Company Company, a Subsidiary Guarantor (with respect to a Subsidiary Guarantee or the Indenture to which it is a party) and the Trustee may amend or supplement this Indenture, the Indenture Notes or the Notes with the consent of the Holders of a majority in principal amount of the then outstanding Notes, voting as a single class (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 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 or the Notes (except for certain covenants and provisions of the Indenture that cannot be amended Subsidiary Guarantees without the consent of each Holder) may be waived with the consent of the Holders any Holder of a majority in principal amount of the then outstanding Notes then outstanding voting as a single class Note: (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes). Without the consent of any Holder, the Company and the Trustee may amend or supplement the Indenture or the Notes a) to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, ; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes, ; (c) to add Subsidiary Guarantors or additional obligors with respect to provide for the Notes, to secure the Notes or the Subsidiary Guarantees, to add to the covenants assumption of the Company for the benefit of the Company's or any Subsidiary Guarantor's obligations to Holders of Notes in the Notes case of a merger or consolidation pursuant to surrender any right or power conferred upon the CompanyArticle 5 hereof, as applicable; (d) to make any change that would provide any additional rights or benefits to the Holders of Notes or that does not materially and adversely affect the legal rights under the Indenture hereunder of any such Holder, to make any change ; or (e) to comply with any requirement the requirements of the Commission SEC in order to effect or maintain the qualification of the this Indenture under the TIATIA or to allow any Subsidiary Guarantor to guarantee the Notes. Upon the request of the Company accompanied by a resolution of the Board of Directors of the Company or a Subsidiary Guarantor, as applicable, authorizing the execution of any such amended or supplemental Indenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof, the Trustee shall join with the Company or such Subsidiary Guarantor in the execution of any amended or supplemental Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture or Subsidiary Guarantee that affects its own rights, duties or immunities under this Indenture or otherwise.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes, voting as a single class (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 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) default or compliance with any provision of the 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 then outstanding voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes). Without the consent of any HolderHolder of a Note, the Company and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to add Subsidiary Guarantors or additional obligors with respect provide for the assumption of an Issuer’s obligations to the Notes, to secure Holders of the Notes or the Subsidiary Guarantees, pursuant to add to the covenants Article 5 of the Company for the benefit of Indenture, (4) to make any change that would provide any additional rights or benefits to the Holders of the Notes or to surrender any right or power conferred upon the Company, to make any change that does not materially and adversely affect the legal rights under the Indenture of any such Holder, to make provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with any requirement the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act, (9) to provide for the reorganization of the Company as any other form of entity in accordance with the second paragraph of Section 5.01 of the Indenture or (10) to evidence or provide for the acceptance of appointment under the Indenture of a successor Trustee.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company Indenture or the Notes 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, and the Trustee may amend any existing default or supplement compliance with any provision of the Indenture or the Notes may be waived with the written consent of the Holders of a majority in principal amount of the then outstanding Notes, voting as a single class (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 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 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 then outstanding voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes). Without the consent of any HolderHolder of a Note, the Company and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to add Subsidiary Guarantors or additional obligors with respect provide for the assumption of an Issuer’s obligations to the Notes, to secure Holders of the Notes or the Subsidiary Guarantees, pursuant to add to the covenants Article 5 of the Company for the benefit of Indenture, (4) to make any change that would provide any additional rights or benefits to the Holders of the Notes or to surrender any right or power conferred upon the Company, to make any change that does not materially and adversely affect the legal rights under the Indenture of any such Holder, to make provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with any requirement the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the TIA, (9) to evidence or provide for the acceptance of appointment under the Indenture of a successor Trustee or (10) to conform the text of the Indenture, the Subsidiary Guarantees or the Notes to any provision described in the “Description of Notes” contained in the Offering Memorandum.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company Indenture, the Senior Notes, the Guarantees or the Collateral Documents may be modified, amended or supplemented by the Company, the Guarantors and the Trustee with the consent of the Holders of at least a majority in principal amount of the Senior Notes then outstanding and any existing default or compliance with any provision may amend or supplement the Indenture or the Notes be waived in a particular instance with the consent of the Holders of a majority in principal amount of the then outstanding Notes, voting as a single class (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 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 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 Senior Notes then outstanding voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes)outstanding. Without the consent of any HolderHolders, the Company Company, the Guarantors and the Trustee may amend the Indenture, the Senior Notes, the Guarantees or the Collateral Documents or supplement the Indenture or the for certain specified purposes, including providing for uncertificated Senior Notes in addition to cure certificated Senior Notes, and curing any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, to provide for uncertificated Notes in addition to or in place of certificated Notes, to add Subsidiary Guarantors or additional obligors with respect to the Notes, to secure the Notes or the Subsidiary Guarantees, to add to the covenants of the Company for the benefit of the Holders of the Notes or to surrender making any right or power conferred upon the Company, to make any other change that does not materially and adversely affect the legal rights under the Indenture of any such Holder, to make any change or to comply with any requirement the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act to enter into additional or supplemental Collateral Documents, to adjust the principal amount of the Senior Notes issued pursuant to the Indenture and to otherwise comply with the terms of the Plan of Reorganization (as defined in the Indenture).

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company and Indenture, the Trustee may amend or supplement the Indenture 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, voting as a single class (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 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) default or compliance with any provision of the Indenture Indenture, the Subsidiary Guarantees 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 then outstanding voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes). Without the consent of any HolderHolder of a Note, the Company and Indenture, the Trustee may amend or supplement the Indenture Subsidiary Guarantees 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 of the obligations of the Company under the Indenture, to provide for uncertificated Notes in addition to or in place of certificated NotesNotes or to alter the provisions regarding payment and exchange of Notes in a manner that does not materially adversely affect any Holder, to add Subsidiary Guarantors provide for the assumption of the Company's or additional obligors with respect Guarantor's obligations to Holders of the NotesNotes in case of a merger or consolidation, to secure the Notes make any change that would provide any additional rights or the Subsidiary Guarantees, benefits to add to the covenants of the Company for the benefit of the Holders of the Notes or to surrender any right or power conferred upon the Company, to make any change that does not materially and adversely affect the legal rights under the Indenture of any such Holder, to make allow any change Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee with respect to the Notes, or to comply with any requirement the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act, to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture or to allow any Guarantor to execute a supplemental indenture to the Indenture and/or Subsidiary Guarantee with respect to the Notes.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company Indenture or the Notes may be amended or supplemented with the written consent of the Holders of at least a majority in principal amount of the Notes of all series then outstanding which are affected by such amendment voting as a single class, and the Trustee may amend any existing Default or supplement compliance with any provision of the Indenture or the Notes may be waived with the written consent of the Holders of a majority in principal amount of the Notes of all series then outstanding Notes, which are affected by such waiver voting as a single class (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 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 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 then outstanding voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes)class. Without the consent of any HolderHolder of a Note, the Company and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented: (a) to cure any ambiguity, omission, defect or inconsistency, to provide for inconsistency that does not adversely affect in any material respect the assumption by a successor corporation rights hereunder of any Holder of the obligations of the Company Notes under the Indenture, ; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes, Notes or to add Subsidiary Guarantors or additional obligors with respect alter the provisions of Article 2 hereof (including the related definitions) in a manner that does not materially adversely affect any Holder; (c) to provide for the assumption of the Company’s obligations to the Notes, to secure the Notes or the Subsidiary Guarantees, to add Holders by a successor to the covenants of the Company for the benefit of pursuant to Article 5 hereof; (d) to make any change that would provide any additional rights or benefits to the Holders of the Notes or to surrender any right or power conferred upon the Company, to make any change that does not materially and adversely affect in any material respect the legal rights under the Indenture hereunder of any such Holder, Holder of the Notes; (e) to make any change conform the provisions of this Indenture to the “Description of the Notes” section of the Offering Memorandum; (f) to comply with any requirement requirements of the Commission in order to effect or maintain connection with the qualification of the this Indenture under the TIATrust Indenture Act; or (g) to evidence and provide for the acceptance of appointment under this Indenture of a successor Trustee.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company Indenture or the Notes may be amended or supplemented with the written consent of the Holders of at least a majority in principal amount of the Notes then outstanding voting as a single class, and the Trustee may amend any existing Default or supplement compliance with any provision of the Indenture or the Notes may be waived with the written consent of the Holders of a majority in principal amount of the then outstanding Notes, voting as a single class (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 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 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 then outstanding voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes)class. Without the consent of any HolderHolder of a Note, the Company and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented: (a) to cure any ambiguity, omission, defect or inconsistency, to provide for inconsistency that does not adversely affect in any material respect the assumption by a successor corporation rights hereunder of any Holder of the obligations of the Company Notes under the Indenture, ; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes, ; (c) to add Subsidiary Guarantors or additional obligors with respect alter the provisions of the Indenture to provide for the assumption of the Company’s obligations to the Notes, to secure the Notes or the Subsidiary Guarantees, to add Holders by a successor to the covenants Company pursuant to Article 5 of the Company for the benefit of Supplemental Indenture; (d) to make any change that would provide any additional rights or benefits to the Holders of the Notes or to surrender any right or power conferred upon the Company, to make any change that does not materially and adversely affect in any material respect the legal rights under the Indenture hereunder of any such Holder, Holder of the Notes; (e) to make any change conform the provisions of the Notes to the “Description of the Notes” and “Description of Debt Securities” section of the Prospectus; (f) to comply with any requirement requirements of the Commission in order to effect or maintain connection with the qualification of the Indenture under the TIATrust Indenture Act; (g) to comply with the rules of any applicable depositary; or (h) to evidence and provide for the acceptance of appointment under the Supplemental Indenture of a successor Trustee.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptionsSECTION 9.01. WITHOUT CONSENT OF HOLDERS OF NOTES. Notwithstanding Section 9.02 hereof, the Company and the Trustee may amend or supplement the this Indenture or the Notes with the consent of the Holders of a majority in principal amount of the then outstanding Notes, voting as a single class (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 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 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 any Holder of a majority in principal amount of the then outstanding Notes then outstanding voting as a single class Note: (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes). Without the consent of any Holder, the Company and the Trustee may amend or supplement the Indenture or the Notes a) to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, ; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes, ; (c) to add Subsidiary Guarantors or additional obligors with respect to provide for the Notes, to secure the Notes or the Subsidiary Guarantees, to add to the covenants assumption of the Company for the benefit of Company's obligations to the Holders of the Notes in the case of a merger or to surrender any right consolidation or power conferred upon sale of all or substantially all of the Company, 's assets; (d) to make any change that does not materially and adversely affect would provide any additional rights or benefits to the legal rights under Holders of the Indenture Notes; (e) to provide for the issuance of any such Holder, to make any change Additional Notes in accordance with the provisions set forth in this Indenture; (f) to comply with any requirement requirements of the Commission SEC in order to effect or maintain the qualification of the this Indenture under the TIA; or (g) to make any other change, provided that such other change does not adversely affect the legal rights hereunder of any Holder of the Notes. Upon the request of the Company accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental Indenture, and upon receipt by the Trustee of the documents described in Section 7.02(b) hereof, the Trustee shall join with the Company in the execution of any amended or supplemental Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that, by its express terms, affects its own rights, duties or immunities under this Indenture or otherwise.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company Indenture, the Notes and the Trustee Collateral Documents may amend be amended or supplement the Indenture or the Notes supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes, Notes voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes)class, and, subject to Sections 6.04 and 6.07 of the Indenture, any existing Default or Event of Default (except a continuing Default or Event of Default in the payment of principal, premium, if any, or interest on the Notes) default or compliance with any provision of the 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 then outstanding voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes)class. Without the consent of any HolderHolder of a Note, the Company Indenture, the Notes and the Trustee Collateral Documents may amend be amended or supplement the Indenture or the Notes supplemented to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, to provide for uncertificated Notes in addition to or in place of certificated NotesNotes or to alter the provisions of Article 2 of the Indenture in a manner that does not adversely affect any Holder, to add Subsidiary Guarantors provide for the assumption of the Company’s or additional obligors with respect a Guarantor’s obligations to Holders of the NotesNotes in case of a merger or consolidation, to secure the Notes make any change that would provide any additional rights or the Subsidiary Guarantees, benefits to add to the covenants of the Company for the benefit of the Holders of the Notes or to surrender any right or power conferred upon the Company, to make any change that does not materially and adversely affect the legal rights under the Indenture Indenture, the Notes, the Note Guarantees, the Pledge Agreement and the Collateral Documents of any such Holder, to make any change to comply with any requirement the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act or to allow any Guarantor to execute a supplemental indenture and/or a Note Guarantee with respect to a Note.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company and Indenture, the Trustee may amend or supplement the Indenture Notes or the Notes Guarantees may be amended or supplemented with the consent of the Holders of a majority in principal amount of the then outstanding Notes, voting as a single class (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 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 Indenture, the Notes or the Notes (except for certain covenants and provisions of the Indenture that cannot be amended without the consent of each Holder) Guarantees may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes then outstanding voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes). Without the consent of any HolderHolder of a Note, the Company and Indenture, the Trustee may amend or supplement the Indenture Notes or the Notes Guarantees may be amended or supplemented to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, to provide for uncertificated Notes in addition to or in place of certificated Notes, to add Subsidiary Guarantors or additional obligors with respect to provide for the Notes, to secure the Notes or the Subsidiary Guarantees, to add to the covenants assumption of the Company for the benefit of the Issuers' obligations to Holders of the Notes in case of a merger or consolidation, to surrender any right provide for additional Guarantees as set forth in the Indenture or power conferred upon for the Companyrelease 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 materially and adversely affect the legal rights under the Indenture of any such Holder, to make any change 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 any requirement the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the TIA.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptionsthe following paragraphs, the Company Indenture, the Notes and the Trustee Subsidiary Guarantees may amend be amended or supplement the Indenture or the Notes supplemented with the consent of the Holders holders of at least a majority in principal amount of the Notes then outstanding Notes(including, voting as a single class (including without limitation, consents obtained in connection with a purchase of 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 or Event of Default (except other than a continuing Default or Event of Default in the payment of principal, premium, if any, or interest on the NotesDefault) or compliance with any provision of the 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 holders of a majority in principal amount of the then outstanding Notes then outstanding voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes). Without the consent of any Holder, the Company and the Trustee may amend or supplement the Indenture or the Notes to may be amended to: cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, to ; provide for uncertificated Notes in addition to or in place of certificated Notes, to add Subsidiary Guarantors or additional obligors with respect to ; provide for the Notes, to secure the Notes or the Subsidiary Guarantees, to add to the covenants assumption of the Company for Company's obligations to Holders of Notes in the benefit case of a merger or consolidation of the Holders of Company; following the Notes or to surrender any right or power conferred upon the CompanyExchange Offer, to make any change that does not materially and adversely affect the legal rights under the Indenture of any such Holder, to make any change to comply with any requirement of the Commission in order SEC's requirements to effect or maintain the qualification of the Indenture under the TIA; provide for additional Guarantees with respect to the Notes; make any change that does not materially adversely affect any Holder's legal rights under the Indenture; or, evidence and provide for a successor Trustee, add additional covenants or Events of Default or secure the Notes. Any amendment to the provisions of Article 10 or Section 11.08 hereof will require the consent of the holders of at least 75% in aggregate principal amount of the Notes then outstanding if such amendment would adversely affect the rights of holders of Notes. Certain amendments require the consent of each Holder adversely affected.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented with the consent of the Holders of a majority in principal amount of the then outstanding NotesNotes (including, voting as a single class (including without limitation, consents obtained in connection with a purchase of of, or tender offer or exchange offer for the for, Notes), and, subject to Sections 6.04 and 6.07 of the Indenture, any existing Default or Event of Default (except a continuing Default or Event of Default in the payment of principal, premium, if any, or interest on the Notes) or compliance with any provision of the 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 then outstanding voting as a single class (including including, without limitation, consents obtained in connection with a purchase of of, or tender offer or exchange offer for the Notes). Without However, without the consent of any HolderHolder of Notes, the Company Issuers, the Guarantors and the Trustee may amend or supplement the Indenture or the Notes (1) to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to add Subsidiary Guarantors or additional obligors with respect provide for the assumption of an Issuer’s obligations to the Notes, to secure Holders of the Notes or the Subsidiary Guarantees, pursuant to add to the covenants Article 5 of the Company for the benefit of Indenture, (4) to make any change that would provide any additional rights or benefits to the Holders of the Notes or to surrender any right or power conferred upon the Company, to make any change that does not materially and adversely affect the legal rights under the Indenture of any such Holder, to make provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect such legal rights, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with any requirement the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the TIA, (9) to evidence or provide for the acceptance of appointment under the Indenture of a successor Trustee or (10) to make any amendment to the provisions of the Indenture relating to the transfer and legending of the Notes as permitted by this Indenture, as long as such amendment would not result in the Notes being transferred in violation of the applicable securities laws or materially and adversely affect the rights of Holders to transfer Notes.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptionsSECTION 9.01. WITHOUT CONSENT OF HOLDERS OF NOTES. Notwithstanding Section 9.02 of this Indenture, the Company Issuers, the Guarantors and the Trustee may amend or supplement this Indenture, the Indenture Subsidiary Guarantees or the Notes with the consent of the Holders of a majority in principal amount of the then outstanding Notes, voting as a single class (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 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 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 any Holder of a majority in principal amount of the then outstanding Notes then outstanding voting as a single class Note: (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes). Without the consent of any Holder, the Company and the Trustee may amend or supplement the Indenture or the Notes a) to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, ; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes, Notes or to add Subsidiary Guarantors alter the provisions of Article 2 hereof (including the related definitions) in a manner that does not materially adversely affect any Holder; (c) to provide for the assumption of the Issuers' or additional obligors with respect a Guarantor's obligations to the Notes, to secure Holders of the Notes or the Subsidiary Guarantees, to add by a successor to the covenants of the Company for the benefit of Issuers or a Guarantor pursuant to Article 5 hereof; (d) to make any change that would provide any additional rights or benefits to the Holders of the Notes or to surrender any right or power conferred upon the Company, to make any change that does not materially and adversely affect the legal rights under the Indenture hereunder of any such Holder, to make any change Holder of the Note; (e) to comply with any requirement requirements of the Commission SEC in order to effect or maintain the qualification of the this Indenture under the TIA; (f) to provide for the issuance of Additional Notes in accordance with the limitations set forth in this Indenture as of the date hereof; or (g) to allow any Guarantor to execute a supplemental indenture and/or a Subsidiary Guarantee with respect to the Notes. Upon the request of the Issuers accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental Indenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof, the Trustee shall join with the Issuers and the Guarantors, if any, in the execution of any amended or supplemental Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject Section 9.01 WITHOUT CONSENT OF HOLDERS OF NOTES. Notwithstanding Section 9.02 of this Indenture, the Company, the Guarantors and the Trustee may amend or supplement this Indenture, the Note Guarantees, any agreements entered into to certain exceptionssecure collateral pursuant to Article 11 hereof or the Notes without the consent of any Holder of a Note: (1) to cure any ambiguity, defect or inconsistency; (2) to provide for uncertificated Notes in addition to or in place of certificated Notes or to alter the provisions of Article 2 hereof (including the related definitions) in a manner that does not materially adversely affect any Holder; (3) to provide for the assumption of the Company's and the Guarantor's obligations to the Holders of the Notes by a successor to the Company pursuant to Article 5 or Article 12 hereof; (4) 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 hereunder of any Holder of the Note; (5) to comply with requirements of the SEC in order to effect or maintain the qualification of this Indenture under the TIA; (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in this Indenture as of the date hereof; (7) to allow any Guarantor to execute a supplemental indenture and/or a Note Guarantee with respect to the Notes; or (8) to provide for additional collateral pursuant to Article 11 hereof. Upon the request of the Company accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental Indenture, and upon receipt by the Trustee of the documents described in Section 9.06 hereof, the Trustee will join with the Company and the Guarantors in the execution of any amended or supplemental Indenture authorized or permitted by the terms of this Indenture and make any further appropriate agreements and stipulations that may be therein contained, but the Trustee will not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise. Section 9.02 WITH CONSENT OF HOLDERS OF NOTES. Except as provided below in this Section 9.02, the Company and the Trustee may amend or supplement this Indenture (including, without limitation, Section 3.09, 4.10 and 4.15 hereof), the Indenture or Note Guarantees and the Notes with the consent of the Holders of at least a majority in principal amount of the Notes (including, without limitation, Additional Notes, if any) then outstanding Notes, voting as a single class (including including, without limitation, consents obtained in connection with a purchase of or tender offer or exchange offer for for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.07 of the Indenturehereof, any existing Default or Event of Default (except other than a continuing Default or Event of Default in the payment of principalthe principal of, premiumpremium or Liquidated Damages, if any, or interest on the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture, the Indenture Note Guarantees 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 then outstanding (including Additional Notes, if any) voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for for, or purchase of, the Notes). 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 this Indenture may make any Holderchange in (1) the provisions of Article 11 hereof or in (2) the provisions of any agreements entered into to secure collateral pursuant to Article 11 hereof, that adversely affects the rights of any Holder of Notes. Section 2.08 hereof shall determine which Notes are considered to be "outstanding" for purposes of this Section 9.02. Upon the request of the Company accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental Indenture, and upon the filing with the Trustee of evidence satisfactory to the Trustee of the consent of the Holders of Notes as aforesaid, and upon receipt by the Trustee of the documents described in Section 7.02 hereof, the Trustee will join with the Company in the execution of such amended or supplemental Indenture unless such amended or supplemental Indenture directly affects the Trustee's own rights, duties or immunities under this Indenture or otherwise, in which case the Trustee may in its discretion, but will not be obligated to, enter into such amended or supplemental Indenture. It is not necessary for the consent of the Holders of Notes under this Section 9.02 to approve the particular form of any proposed amendment or waiver, but it is sufficient if such consent approves the substance thereof. After an amendment, supplement or waiver under this Section 9.02 becomes effective, the Company will mail to the Holders of Notes affected thereby a notice briefly describing the amendment, supplement or waiver. Any failure of the Company to mail such notice, or any defect therein, will not, however, in any way impair or affect the validity of any such amended or supplemental Indenture or waiver. Subject to Sections 6.04 and 6.07 hereof, the Trustee Holders of a majority in aggregate principal amount of the Notes (including Additional Notes, if any) then outstanding voting as a single class may amend or supplement waive compliance in a particular instance by the Company with any provision of this Indenture or the Notes. However, without the consent of each Holder affected, an amendment or waiver under this Section 9.02 may not (with respect to any Notes to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption held by a successor corporation non-consenting Holder): (1) reduce the principal amount of Notes whose Holders must consent to an amendment, supplement or waiver; (2) reduce the principal of or change the fixed maturity of any Note or alter or waive any of the obligations of the Company under the Indenture, to provide for uncertificated Notes in addition to or in place of certificated Notes, to add Subsidiary Guarantors or additional obligors provisions with respect to the Notes, to secure redemption of the Notes (except as provided above with respect to Sections 3.09, 4.10 and 4.15 hereof); (3) reduce the rate of or change the Subsidiary Guaranteestime for payment of interest, to add to including default interest, on any Note; (4) waive a Default or Event of Default in the covenants payment of principal of or premium or Liquidated Damages, if any, or interest on the Notes (except a rescission of acceleration of the Company for the benefit of Notes by the Holders of at least a majority in aggregate principal amount of the then outstanding Notes or to surrender (including Additional Notes, if any) and a waiver of the payment default that resulted from such acceleration); (5) make any right or power conferred upon Note payable in money other than that stated in the Company, to Notes; (6) make any change that does not materially and adversely affect in the legal provisions of this Indenture relating to waivers of past Defaults or the rights under of Holders of Notes to receive payments of principal of, or interest or premium or Liquidated Damages, if any, on the Indenture of Notes; (7) waive a redemption payment with respect to any such HolderNote (other than a payment required by Section 3.09, to Section 4.10 or 4.15 hereof); or (8) make any change to comply with any requirement of in Section 6.04 or 6.07 hereof or in the Commission in order to effect or maintain the qualification of the Indenture under the TIAforegoing amendment and waiver provisions.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company Indenture or the Notes 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, and the Trustee may amend any existing default or supplement compliance with any provision of the Indenture or the Notes may be waived with the written consent of the Holders of a majority in principal amount of the then outstanding Notes, voting as a single class (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 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 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 then outstanding voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes). Without the consent of any HolderHolder of a Note, the Company and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to add Subsidiary Guarantors or additional obligors with respect provide for the assumption of an Issuer’s obligations to the Notes, to secure Holders of the Notes or the Subsidiary Guarantees, pursuant to add to the covenants Article 5 of the Company for the benefit of Indenture, (4) to make any change that would provide any additional rights or benefits to the Holders of the Notes or to surrender any right or power conferred upon the Company, to make any change that does not materially and adversely affect the legal rights under the Indenture of any such Holder, to make provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with any requirement the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act, (9) to evidence or provide for the acceptance of appointment under the Indenture of a successor Trustee or (10) to conform the text of the Indenture, the Subsidiary Guarantees or the Notes to any provision described in the “Description of Notes” contained in the Offering Memorandum.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the Notes then outstanding Notes(including, voting as a single class (including without limitation, consents obtained in connection with a purchase of of, or tender offer or exchange offer for the for, Notes), and, subject to Sections 6.04 and 6.07 of the Indenture, any existing Default or Event of Default (except a continuing Default or Event of Default in the payment of principal, premium, if any, or interest on the Notes) default or compliance with any provision of the 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 then outstanding voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes). Without the consent of any Holderthe Holders of at least 66 2/3% in aggregate principal amount of the Notes then outstanding, an amendment or waiver may not affect the Company Liens in favor of the Trustee and the Trustee may amend Holders created under the Collateral Documents in a manner adverse to the Holders (other than pursuant to the release of Collateral in accordance with the provisions of the Indenture and of the applicable Collateral Documents) or supplement release all or any material portion of the Collateral. Without the consent of any Holder of a Note, 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 of the obligations of the Company under the Indenture, to provide for uncertificated Notes in addition to or in place of certificated Notes, to add Subsidiary Guarantors provide for the assumption of the Company's obligations to Holders of the Notes in case of a merger or additional obligors with respect to the Notesconsolidation, to secure the Notes make any change that would provide any additional rights or the Subsidiary Guarantees, benefits to add to the covenants of the Company for the benefit of the Holders of the Notes or to surrender any right or power conferred upon the Company, to make any change that does not materially and adversely affect the legal rights under the Indenture of any such Holder, to make any change to comply with any requirement the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act, to provide for the issuance of additional notes in accordance with the limitations set forth in the Indenture or to provide for additional Subordinated Guarantors. -------- 2 [If Regulation S Temporary Global Note, add the following paragraph: This Regulation S Temporary Global Note is exchangeable in whole or in part for one or more Global Notes only (i) on or after the termination of the 40-day restricted period (as defined in Regulation S) and (ii) upon presentation of certificates (accompanied by an opinion of counsel, if applicable) required by Article 2 of the Indenture. Upon exchange of this Regulation S Temporary Global Note for one or more Global Notes, the Trustee shall cancel this Regulation S Temporary Global Note.]

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company and the Trustee may amend or supplement the Indenture or the Notes or the Note Guarantees may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes including Additional Notes, if any, voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes)class, and, subject to Sections 6.04 and 6.07 of the Indenture, any existing Default or Event of or 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 or the Notes (except for certain covenants and provisions of or the Indenture that cannot be amended without the consent of each Holder) Note Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes then outstanding including Additional Notes, if any, voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes)class. Without the consent of any HolderHolder of a Note, the Company and the Trustee may amend or supplement the Indenture or the Notes or the Note Guarantees may be amended or supplemented to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, to provide for uncertificated Notes in addition to or in place of certificated Notes, to add Subsidiary Guarantors provide for the assumption of the Company’s or additional obligors with respect a Guarantor’s obligations to Holders of the NotesNotes and Note Guarantees in case of a merger or consolidation, to secure the Notes make any change that would provide any additional rights or the Subsidiary Guarantees, benefits to add to the covenants of the Company for the benefit of the Holders of the Notes or to surrender any right or power conferred upon the Company, to make any change that does not materially and adversely affect the legal rights under the Indenture of any such Holder, to make any change to comply with any requirement the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the TIA, to conform the text of the Indenture, the Security Documents or the Notes to any provision of the “Description of Notes” section of the Offering Circular, to the extent that such provision in that “Description of Notes” was intended to be a verbatim recitation of a provision of the Indenture, the Note Guarantees, the Security Documents or the Notes; to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or to allow any Guarantor to execute a supplemental indenture to the Indenture and/or a Note Guarantee with respect to the Notes.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company Indenture, the Note Guarantees, the Notes and the Trustee Collateral Documents may amend be amended or supplement the Indenture or the Notes supplemented with the consent of the Holders of a majority not less than 66-2/3% in aggregate principal amount of the then outstanding Notes, voting as a single class Notes (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Additional Notes), and, subject to Sections 6.04 and 6.07 of the Indenture, any existing Default or Event of Default (except a continuing Default or Event of Default in the payment of principal, premium, if any), or interest on the Notes) and any existing default or compliance with any provision of the Indenture Indenture, the Note Guarantees, the Notes or the Notes (except for certain covenants and provisions of the Indenture that cannot be amended without the consent of each Holder) Collateral Documents may be waived with the consent of the Holders of a majority not less than 66-2/3% in aggregate principal amount of the then outstanding Notes then outstanding voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Additional Notes, if any). Without the consent of any HolderHolder of a Note, the Company and Indenture, the Trustee may amend or supplement Note Guarantees, the Indenture Notes or the Notes Collateral Documents may be amended or supplemented to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, to provide for uncertificated Notes in addition to or in place of certificated Notes, to add Subsidiary Guarantors provide for the assumption of the Company's or additional obligors with respect Guarantor's obligations to Holders of the NotesNotes in case of a merger or consolidation, to secure the Notes make any change that would provide any additional rights or the Subsidiary Guarantees, benefits to add to the covenants of the Company for the benefit of the Holders of the Notes or to surrender any right or power conferred upon the Company, to make any change that does not materially and adversely affect the legal rights under the Indenture of any such Holder, to make any change to comply with any requirement the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act, to allow any Guarantor to execute a supplemental indenture to the Indenture and/or a Note Guarantee with respect to the Notes provided that the interests of the Holders would not be adversely affected thereby, to allow any Guarantor or Heller Debtor Subsidiary to enter into additional Collateral Documents, ▇▇▇▇ided that the interests of the Holders would not be adversely affected thereby, or to provide for the issuance of Additional Notes, in accordance with the limitations set forth in the Indenture. Any amendment to, or waiver of, Article 10 of the Indenture that adversely affects the rights of the holders of the Notes shall require the consent of the holders of 100% in aggregate principal amount of Notes then outstanding.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company Indenture or the Notes may be modified, amended or supplemented with the written consent of the Holders of at least a majority in principal amount of the Notes then outstanding voting as a single class, and the Trustee may amend any existing Default or supplement compliance with any provision of the Indenture or the Notes may be waived with the written consent of the Holders of a majority in principal amount of the then outstanding Notes, voting as a single class (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 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 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 then outstanding voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes)class. Without the consent of any HolderHolder of a Note, the Company and the Trustee may amend or supplement the Indenture or the Notes may be modified, amended or supplemented: (a) to cure any ambiguity, omission, defect or inconsistency, to provide for inconsistency that does not adversely affect in any material respect the assumption by a successor corporation rights hereunder of any Holder of the obligations of the Company Notes under the Indenture, ; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes, ; (c) to add Subsidiary Guarantors or additional obligors with respect alter the provisions of the Indenture to provide for the assumption of the Company’s obligations to the Notes, to secure the Notes or the Subsidiary Guarantees, to add Holders by a successor to the covenants Company pursuant to Article 5 of the Company for the benefit of Supplemental Indenture; (d) to make any change that would provide any additional rights or benefits to the Holders of the Notes or to surrender any right or power conferred upon the Company, to make any change that does not materially and adversely affect in any material respect the legal rights under hereunder of any Holder of the Notes; (e) to conform the provisions of the Indenture to the “Description of any such Holderthe Notes” and “Description of Debt Securities” sections of the Prospectus dated September 14, 2017 relating to make any change the offering of the Notes; (f) to comply with any requirement requirements of the Securities and Exchange Commission in order to effect or maintain connection with the qualification of the Indenture under the TIATrust Indenture Act of 1939, as amended; (g) to comply with the rules of any applicable depositary; or (h) to evidence and provide for the acceptance of appointment under the Supplemental Indenture of a successor Trustee.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented with the consent of the Holders of a majority in principal amount of the then outstanding NotesNotes (including, voting as a single class (including without limitation, consents obtained in connection with a purchase of of, or tender offer or exchange offer for the for, Notes), and, subject to Sections 6.04 and 6.07 of the Indenture, any existing Default or Event of Default (except a continuing Default or Event of Default in the payment of principal, premium, if any, or interest on the Notes) or compliance with any provision of the 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 then outstanding voting as a single class (including including, without limitation, consents obtained in connection with a purchase of of, or tender offer or exchange offer for the Notes). Without However, without the consent of any HolderHolder of Notes, the Company Issuers, the Guarantors and the Trustee may amend or supplement the Indenture or the Notes (1) to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to add Subsidiary Guarantors or additional obligors with respect provide for the assumption of an Issuer’s obligations to the Notes, to secure Holders of the Notes or the Subsidiary Guarantees, pursuant to add to the covenants Article 5 of the Company for the benefit of Indenture, (4) to make any change that would provide any additional rights or benefits to the Holders of the Notes or to surrender any right or power conferred upon the Company, to make any change that does not materially and adversely affect the legal rights under the Indenture of any such Holder, to make provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect such legal rights, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with any requirement the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the TIA, or (9) to evidence or provide for the acceptance of appointment under the Indenture of a successor Trustee.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes, voting as a single class (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 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) default or compliance with any provision of the 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 then outstanding voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes). Without the consent of any HolderHolder of a Note, the Company and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, (2) to provide for uncertificated Notes in addition to or in place of certificated Definitive Notes, (3) to add Subsidiary Guarantors or additional obligors with respect provide for the assumption of an Issuer’s obligations to the Notes, to secure Holders of the Notes or the Subsidiary Guarantees, pursuant to add to the covenants Article 6 of the Company for the benefit of Indenture, (4) to make any change that would provide any additional rights or benefits to the Holders of the Notes or to surrender any right or power conferred upon the Company, to make any change that does not materially and adversely affect the legal rights under the Indenture of any such Holder, to make provided that any change to conform the Indenture to the Prospectus Supplement shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 5.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with any requirement the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act, (9) to provide for the reorganization of the Company as any other form of entity in accordance with the second paragraph of Section 6.01 of the Indenture or (10) to evidence or provide for the acceptance of appointment under the Indenture of a successor Trustee.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes, voting as a single class (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 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) default or compliance with any provision of the 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 then outstanding voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes). Without the consent of any HolderHolder of a Note, the Company and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to add Subsidiary Guarantors or additional obligors with respect provide for the assumption of an Issuer’s obligations to the Notes, to secure Holders of the Notes or the Subsidiary Guarantees, pursuant to add to the covenants Article 5 of the Company for the benefit of Indenture, (4) to make any change that would provide any additional rights or benefits to the Holders of the Notes or to surrender any right or power conferred upon the Company, to make any change that does not materially and adversely affect the legal rights under the Indenture of any such HolderHolder or to conform the Indenture to the Offering Memorandum, (5) to make secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any change additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with any requirement the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act, (9) to evidence or provide for the acceptance of appointment under the Indenture of a successor Trustee or (10) to provide for the reorganization of the Company as any other form of entity in accordance with Section 5.01.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes, voting as a single class (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 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) default or compliance with any provision of the 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 then outstanding voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes). Without the consent of any HolderHolder of a Note, the Company and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to add Subsidiary Guarantors or additional obligors with respect provide for the assumption of an Issuer’s obligations to the Notes, to secure Holders of the Notes or the Subsidiary Guarantees, pursuant to add to the covenants Article 6 of the Company for the benefit of Indenture, (4) to make any change that would provide any additional rights or benefits to the Holders of the Notes or to surrender any right or power conferred upon the Company, to make any change that does not materially and adversely affect the legal rights under the Indenture of any such Holder, to make provided that any change to conform the Indenture to the Prospectus Supplement shall be deemed to not adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes or the Guarantees pursuant to Section 5.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with any requirement the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act or (9) to evidence or provide for the acceptance of appointment under the Indenture of a successor Trustee.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes, Notes voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes)class, and, subject to Sections 6.04 and 6.07 of the Indenture, any existing Default or Event of Default (except a continuing Default or Event of Default in the payment of principal, premium, if any, or interest on the Notes) default or compliance with any provision of the 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 then outstanding voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes)class. Without the consent of any Holder, the Company and the Trustee may amend or supplement the Indenture or the Notes may be amended or 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 Company under Issuer in accordance with the Indenture, to provide for uncertificated Notes in addition to or in place of certificated NotesNotes (provided that the uncertificated Notes are issued in registered form for purposes of Section 163(f) of the Code, to or in a manner such that the uncertificated Notes are described in Section 163(f)(2)(B) of the Code), add Subsidiary Guarantors or additional obligors Guarantees with respect to the NotesNotes or to release Guarantors of the Notes from Guarantees with respect to the Notes as permitted by the terms of the Indenture, to secure the Notes or the Subsidiary GuaranteesNotes, to add to the covenants of the Company Issuer for the benefit of the Holders of the Notes or to surrender any right or power conferred upon the CompanyIssuer, to make any change that does not materially and adversely affect the legal rights under the Indenture of any such Holder, to make any change to comply with any requirement of the Commission in order to effect or maintain connection with the qualification of the Indenture under the TIATIA or provide for the issuance of Additional Notes in accordance with the Indenture.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes, voting as a single class (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 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) default or compliance with any provision of the 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 then outstanding voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes). Without the consent of any HolderHolder of a Note, the Company and the 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 of the obligations of the Company under the Indenture, to provide for uncertificated Notes in addition to or in place of certificated Notes, to add Subsidiary Guarantors provide for the assumption of the Company's obligations to Holders of the Notes in case of a merger or additional obligors with respect to consolidation or sale of all or substantially all of the NotesCompany's assets, to secure the Notes make any change that would provide any additional rights or the Subsidiary Guarantees, benefits to add to the covenants of the Company for the benefit of the Holders of the Notes or to surrender any right or power conferred upon the Company, to make any change that does not materially and adversely affect the legal rights under the Indenture or the Collateral Documents of any such HolderHolder or to confirm and evidence the release, termination or discharge of any Lien securing the Notes which release, termination or discharge is permitted by the Indenture or the Collateral Documents, to make any change provide for the issuance of Additional Notes in accordance with the provisions set forth in the Indenture, to comply with any requirement the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act, to provide for Guarantees by Restricted Subsidiaries as set forth in Section 4.19 of the Indenture.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptionsSECTION 9.01. WITHOUT CONSENT OF HOLDERS OF NOTES. Notwithstanding Section 9.02 of this Indenture, the Company and the Trustee may amend or supplement the this Indenture or the Notes with the consent of the Holders of a majority in principal amount of the then outstanding Notes, voting as a single class (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 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 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 any Holder of a majority in principal amount of the then outstanding Notes then outstanding voting as a single class Note: (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes). Without the consent of any Holder, the Company and the Trustee may amend or supplement the Indenture or the Notes a) to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, ; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes, ; (c) to add Subsidiary Guarantors or additional obligors with respect provide for the assumption of the Company's obligations to the Notes, to secure Holders of the Notes in the case of a merger or the Subsidiary Guarantees, consolidation pursuant to add Article 5 hereof; (a) to the covenants of the Company for the benefit of make any change that would provide any additional rights or benefits to the Holders of the Notes or to surrender any right or power conferred upon the Company, to make any change that does not materially and adversely affect the legal rights under the Indenture hereunder of any such Holder, to make any change Holder of the Note; or (b) to comply with any requirement requirements of the Commission SEC in order to effect or maintain the qualification of the this Indenture under the TIA. Upon the request of the Company accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental Indenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof, the Trustee shall join with the Company in the execution of any amended or supplemental Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company and the Trustee Indenture may amend or supplement the Indenture or the Notes be amended with the consent of the Holders of a majority in principal amount of the Notes then outstanding Notes, voting as a single class (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 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) past default or compliance with any provision of the Indenture or the Notes (except for certain covenants and provisions of the Indenture that cannot be amended without the consent of each Holder) may also be waived with the consent of the Holders holders of a majority in principal amount of the then outstanding Notes then outstanding voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes). Without However, without the consent of each holder of an outstanding Note affected thereby, an amendment or waiver may not, among other things: (1) reduce the amount of Notes whose holders must consent to an amendment; (2) reduce the rate of or extend the time for payment of interest on any Note; (3) reduce the principal of or change the Stated Maturity of any Note; (4) change the provisions applicable to the redemption of any Note other than minimum or maximum notice requirements; (5) make any Note payable in money other than that stated in the Note; (6) modify the contractual right of a holder to bring suit for the payment of principal, interest or premium (if any) on the Notes held by such holder, on or after the respective due dates; (7) make any change in the amendment or waiver provisions which require each holder’s consent as described in clauses (1) through (6) or (8) through (10) of this sentence; (8) make any change in the ranking or priority of any Note or Note Guarantee that would adversely affect the Noteholders; (9) make any change in Section 2.13 of the Indenture regarding “Additional Amounts” that adversely affects the rights of any Noteholder; or (10) make any change that would release the Escrowed Property in a manner or at a time other than as described under “Special Mandatory Redemption” above that is adverse to the Holders. Notwithstanding the preceding, without the consent of any Holderholder of the Notes, the Company Company, the Issuer and the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture or the Notes Indenture: (1) to cure any ambiguity, omission, defect or inconsistency, ; (2) to provide for the assumption by a successor corporation entity of the obligations of the Company Company, the Issuer or any Subsidiary Guarantor under the Indenture, ; (3) to provide for uncertificated Notes in addition to or in place of certificated Notes, Notes (provided that the uncertificated Notes are issued in registered form for purposes of Section 163(f) of the Code); (4) to add Subsidiary Guarantors or additional obligors Guarantees with respect to the Notes, including any Subsidiary Guarantee, or to secure the Notes or the Subsidiary Guarantees, Notes; (5) to add to the covenants of the Company Company, the Issuer or any Subsidiary Guarantor for the benefit of the Holders holders of the Notes or to surrender any right or power conferred upon the Company, the Issuer or any Subsidiary Guarantor; (6) to make any change that does not materially and adversely affect the legal rights under the Indenture of any such Holder, to make holder of the Notes in any change material respect; (7) to comply with any requirement of the Commission SEC in order to effect or maintain connection with the qualification of the Indenture under the TIATrust Indenture Act; (8) to conform the text of the Indenture, the Notes or any Subsidiary Guarantee to any provision of the “Description of the Notes” section of the Offering Memorandum to the extent that such provision in such “Description of the Notes” was intended to be a verbatim recitation of a provision of the Indenture, the Notes or such Subsidiary Guarantee; (9) to make any amendment to the provisions of the Indenture relating to the transfer and legending of Notes; provided, however, that (A) compliance with the Indenture as so amended would not result in Notes being transferred in violation of the Securities Act or any other applicable securities law and (B) such amendment does not materially and adversely affect the rights of Holders to transfer Notes except as required to satisfy any applicable requirements of the securities laws, including any exemption from registration thereunder; (10) to evidence and provide for the acceptance and appointment under the Indenture of a successor Trustee thereunder pursuant to the requirements thereof; and (11) to provide for the issuance of Additional Notes in accordance with the terms of the Indenture.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company and Indenture, the Trustee may amend or supplement Note Guarantees, the Indenture 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 then outstanding Notes, voting as a single class, and any existing default or compliance with any provision of the Indenture, the 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, voting as a single class (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 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 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 then outstanding voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes)class. Without the consent of any HolderHolder of a Note, the Company and Indenture, the Trustee may amend or supplement Note Guarantees, the Indenture Collateral Documents 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 of the obligations of the Company under the Indenture, to provide for uncertificated Notes in addition to or in place of certificated Notes, to add Subsidiary Guarantors provide for the assumption of either of the Issuers’ obligations to Holders of the Notes in case of a merger or additional obligors with respect to the Notesconsolidation or sale of all or substantially all of that Issuers’ assets, to secure the Notes make any change that would provide any additional rights or the Subsidiary Guarantees, benefits to add to the covenants of the Company for the benefit of the Holders of the Notes or to surrender any right or power conferred upon the Company, to make any change that does not materially and adversely affect the legal rights under the Indenture of any such Holder, to make any change to comply with any requirement the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act or to enter into additional or supplemental Collateral Documents. Any amendment to, or waiver of the provisions of any of the Collateral Documents relating to Section 4.13 or Article 10 of the Indenture shall require the consent of the Holders of at least 85% in aggregate principal amount of Notes, then outstanding, voting as a single class.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company and Indenture, the Trustee may amend or supplement the Indenture Notes or the Notes Note Guarantees may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes including Additional Notes, if any, voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes)class, and, subject to Sections 6.04 and 6.07 of the Indenture, any existing Default or Event of Default (except a continuing Default or Event of Default in the payment of principalthe principal of, premium, if any, or interest on on, the Notes) or compliance with any provision of the Indenture Indenture, the Notes or the Notes (except for certain covenants and provisions of the Indenture that cannot be amended without the consent of each Holder) Note Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes then outstanding including Additional Notes, if any, voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes)class. Without the consent of any HolderHolder of a Note, the Company and Indenture, the Trustee may amend or supplement the Indenture Notes or the Notes Note Guarantees may be amended or supplemented to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, ; to provide for uncertificated Notes in addition to or in place of certificated NotesNotes (provided that the uncertificated notes are issued in registered form for purposes of Section 163(f) of the Internal Revenue Code of 1986); to provide for the assumption of the Company’s or a Guarantor’s obligations to Holders of the Notes and Note Guarantees in case of a merger or consolidation, to add Subsidiary Guarantors make any change that would provide any additional rights or additional obligors with respect benefits to the Notes, to secure the Notes or the Subsidiary Guarantees, to add to the covenants of the Company for the benefit of the Holders of the Notes or to surrender any right or power conferred upon the Company, to make any change that does not materially and adversely affect the legal rights under the Indenture of any such Holder; to conform the text of the Indenture, the Notes or the Note Guarantees to any provision of the “Description of Notes” section of the Company’s Offering Memorandum dated October 30, 2018, relating to the initial offering of the Notes, to make any change the extent that such provision in that “Description of Notes” was intended to comply with any requirement be a verbatim recitation of a provision of the Commission Indenture, the Note Guarantees or the Notes; to provide for the issuance of Additional Notes in order accordance with the limitations set forth in the Indenture; or to effect or maintain the qualification of allow any Guarantor to execute a supplemental indenture to the Indenture under and/or a Note Guarantee with respect to the TIANotes.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptionsSECTION 9.01. WITHOUT CONSENT OF HOLDERS OF NOTES. Notwithstanding Section 9.02 of this Indenture, the Company Company, a Guarantor (with respect to a Subsidiary Guarantee or this Indenture to which it is a party) and the Trustee may amend or supplement this Indenture, the Indenture Subsidiary Guarantee or the Notes with the consent of the Holders of a majority in principal amount of the then outstanding Notes, voting as a single class (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 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 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 any Holder of a majority in principal amount of the then outstanding Notes then outstanding voting as a single class Note: (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes). Without the consent of any Holder, the Company and the Trustee may amend or supplement the Indenture or the Notes a) to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, ; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes, Notes or to add Subsidiary Guarantors alter the provisions of Article 2 hereof (including the related definitions) in a manner that does not materially adversely affect any Holder; (c) to provide for the assumption of the Company's or additional obligors with respect a Guarantor's obligations to the Notes, to secure Holders of the Notes or the Subsidiary Guarantees, to add by a successor to the covenants of the Company for the benefit of or a Guarantor pursuant to Article 5 or Article 11 hereof; (d) to make any change that would provide any additional rights or benefits to the Holders of the Notes or to surrender any right or power conferred upon the Company, to make any change that does not materially and adversely affect the legal rights under the Indenture hereunder of any such Holder, to make any change Holder of the Notes; (e) to comply with any requirement requirements of the Commission SEC in order to effect or maintain the qualification of the this Indenture under the TIA; Upon the request of the Company accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental Indenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof, the Trustee shall join with the Company and the Guarantors in the execution of any amended or supplemental Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company and Indenture, the Trustee may amend or supplement the Indenture Notes or the Notes Note Guarantees may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes including additional Notes, if any, voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes)class, and, subject to Sections 6.04 and 6.07 of the Indenture, any existing Default or Event of Default (except a continuing Default or Event of Default in the payment of principal, premium, if any, or interest on the Notes) or compliance with any provision of the Indenture or the Notes (except for certain covenants and provisions of or the Indenture that cannot be amended without the consent of each Holder) Note Guarantees may be waived with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes then outstanding voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes)class. Without the consent of any HolderHolder of Notes, the Company and Indenture, the Trustee may amend or supplement the Indenture Notes or the Notes Note Guarantees may be amended or supplemented to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, to provide for uncertificated Notes in addition to or in place of certificated Notes, to add Subsidiary Guarantors provide for the assumption of the Company’s or additional obligors with respect a Guarantor’s obligations to Holders of the Notes and Note Guarantees by a successor to the NotesCompany or such Guarantor pursuant to the Indenture, to secure the Notes make any change that would provide any additional rights or the Subsidiary Guarantees, benefits to add to the covenants of the Company for the benefit of the Holders of the Notes or to surrender any right or power conferred upon the Company, to make any change that does not materially and adversely affect the legal rights under the Indenture of any such Holder, to make any change to comply with any requirement the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the TIA, to enter into additional or supplemental Security Documents, to release Collateral in accordance with the terms of this Indenture and the Security Documents, to provide for the issuance of additional Notes in accordance with the limitations set forth in the Indenture or to allow any Guarantor to execute a supplemental indenture to the Indenture and/or a Note Guarantee with respect to the Notes.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented with the consent of the Holders of a majority in principal amount of the then outstanding Notes, voting as a single class (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 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) default or compliance with any provision of the 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 then outstanding voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes). Without the consent of any HolderHolder of a Note, the Company and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to add Subsidiary Guarantors provide for the assumption of an Issuer’s or additional obligors with respect Guarantor’s obligations to the Notes, to secure Holders of the Notes or the a Subsidiary Guarantees, Guarantee pursuant to add to the covenants Article 5 of the Company for the benefit of Indenture, (4) to make any change that would provide any additional rights or benefits to the Holders of the Notes or to surrender any right or power conferred upon the Company, to make any change that does not materially and adversely affect the legal rights under the Indenture of any such Holder, to make provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with any requirement the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act or (9) to evidence or provide for the acceptance of appointment under the Indenture of a successor Trustee.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company and the Trustee may amend or supplement the Supplemental Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding NotesNotes (including, voting as a single class (including without limitation, consents obtained in connection with a purchase of of, or a tender offer or exchange offer for the for, Notes), and, subject to Sections 6.04 and 6.07 of the Indenture, any existing Default or Event of Default (except a continuing Default or Event of Default in the payment of principal, premium, if any, or interest on the Notes) or compliance with any provision of the Supplemental 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 waived, including by way of amendment, with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes then outstanding voting as a single class (including including, without limitation, consents obtained in connection with a purchase of of, or a tender offer or exchange offer for the for, Notes). Without the consent of any HolderHolder of a Note, the Company and the Trustee may amend or supplement the Supplemental Indenture or the Notes to cure any ambiguity(i.e. curing ambiguities, omissionomissions, defect mistakes, defects or inconsistency, to provide inconsistencies; providing for the assumption by a successor corporation of the obligations of the Company under the Indenture, to provide for uncertificated Notes in addition to or in place of certificated Notes, to add Subsidiary Guarantors or additional obligors ; adding guarantees with respect to the Notes, to secure ; securing the Notes or the Subsidiary Guarantees, to add Notes; adding to the covenants of the Company for the benefit of the Holders of the Notes or to surrender surrendering any right or power conferred upon the Company, to make ; adding additional events of default; making any change that does not materially and adversely affect the legal rights under of any Holder; changing or eliminating any provisions of the Indenture so long as there are no Holders entitled to the benefit of any such Holder, to make any change to comply the provisions; complying with any requirement of the Commission SEC in order to effect or maintain connection with the qualification of the Indenture under the TIATrust Indenture Act of 1939, as amended; conforming the provisions of the Indenture and the Notes to the “Description of Notes” section in the Offering Memorandum; supplementing any of the provisions of the Indenture to such extent as shall be necessary to permit or facilitate the defeasance and discharge of the Notes so long as any such action shall not adversely affect the interests of any Holder of such Notes or any other series of debt securities issued thereunder; permitting the authentication and delivery of additional series of Notes; providing for uncertificated Notes in addition to or in place of certificated Notes subject to applicable laws; establishing the form or terms of other debt securities issued under the Indenture and coupons of any series of such other debt securities pursuant to the Indenture and to change the procedures for transferring and exchanging such other debt securities so long as such change does not adversely affect the holders of any outstanding debt securities, including the Notes (except as required by applicable securities laws); making any change to the Indenture that does not adversely affect the rights of any holder of any series of debt securities, including the Notes; securing any series of debt securities, including the Notes; evidencing the acceptance of appointment by a successor trustee; complying with Article V of the Indenture; in the case of subordinated debt securities, making any change to the provisions of the Indenture or any supplemental indenture relating to subordination that would limit or terminate the benefits available to any holder of Senior Indebtedness under such provisions (but only if each such holder of Senior Indebtedness under such provisions consents to such change); or evidencing the release of any guarantor pursuant to the terms of the Indenture.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptionsWithout Consent of Holders of Notes. Notwithstanding Section 9.02 of this Indenture, the Company Company, the Guarantors and the Trustee may amend or supplement this Indenture, the Indenture Guarantees or the Notes without the consent of any Holder of a Note: (a) to cure any ambiguity, defect or inconsistency; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes (provided that the uncertificated Notes are issued in registered form for purposes of Section 163(f) of the Code, or in a manner such that the uncertificated Notes are described in Section 163(f)(2)(B) of the Code) or to alter the provisions of Article 2 or the Appendix hereof relating to the form of the Notes (including the related definitions) in a manner that does not adversely affect any Holder in any material respect; (c) to provide for the assumption of the Company’s or a Guarantor’s obligations to the Holders of the Notes by a successor to the Company or a Guarantor pursuant to Article 5 or Section 11.06 hereof; (d) 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 hereunder of any Holder of the Notes in any material respect; (e) to comply with requirements of the SEC in order to effect or maintain the qualification of this Indenture under the TIA; (f) to provide for the issuance of Notes issued after the Issue Date in accordance with the limitations set forth in this Indenture; (g) to release any Guarantor from its Guarantee in accordance with this Indenture; (h) to allow any Guarantor to execute a supplemental indenture and/or a Guarantee with respect to the Notes; (i) to secure the Notes; (j) to provide for the issuance of exchange securities which shall have terms substantially identical in all respects to the Notes (except that the transfer restrictions contained in the Notes shall be modified or eliminated as appropriate) and which shall be treated, together with any outstanding Notes, as a single class of securities; or (k) to conform the text of this Indenture, the Notes or the Guarantees to any provision of the “Description of notes” section of the Offering Memorandum to the extent that such provision in the “Description of notes” is intended to be a verbatim recitation of a provision of this Indenture, the Notes or the Guarantees. Upon the request of the Company accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental Indenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof, the Trustee shall join with the Company and the Guarantors in the execution of any amended or supplemental Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise. With Consent of Holders of Notes. (l) Except as provided below in this Section 9.02, this Indenture (including Sections 3.09, 4.10 and 4.15 hereof), the Guarantees 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 outstanding Notes, voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.07 of the Indenturehereof, any existing Default or Event of Default (except other than a continuing Default or Event of Default in the payment of principalthe principal of, premium, if any, or interest on the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture, the Indenture Guarantees 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 then outstanding voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for for, or purchase of, the Notes). Without the consent of any Holder, the Company and the Trustee may amend or supplement the Indenture or the Notes to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, to provide for uncertificated Notes in addition to or in place of certificated Notes, to add Subsidiary Guarantors or additional obligors with respect to the Notes, to secure the Notes or the Subsidiary Guarantees, to add to the covenants of the Company for the benefit of the Holders of the Notes or to surrender any right or power conferred upon the Company, to make any change that does not materially and adversely affect the legal rights under the Indenture of any such Holder, to make any change to comply with any requirement of the Commission in order to effect or maintain the qualification of the Indenture under the TIA.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptionsSECTION 9.01. WITHOUT CONSENT OF HOLDERS OF DEBENTURES. Notwithstanding Section 9.02 of this Indenture, the Company Holding and the Trustee may amend or supplement the this Indenture or the Notes with the consent of the Holders of a majority in principal amount of the then outstanding Notes, voting as a single class (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 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 or the Notes (except for certain covenants and provisions of the Indenture that cannot be amended Debentures without the consent of each Holder) may be waived with the consent of the Holders any Holder of a majority in principal amount of the then outstanding Notes then outstanding voting as a single class Debenture: (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes). Without the consent of any Holder, the Company and the Trustee may amend or supplement the Indenture or the Notes a) to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, ; (b) to provide for uncertificated Notes Debentures in addition to or in place of certificated Notes, Debentures or to add Subsidiary Guarantors or additional obligors with respect alter the provisions of Article 2 hereof (including the related definitions) in a manner that does not materially adversely affect any Holder; (c) to the Notes, to secure the Notes or the Subsidiary Guarantees, to add to the covenants of the Company provide for the benefit assumption of Holding's obligations to the Holders of the Notes or Debentures by a successor to surrender any right or power conferred upon the Company, Holding pursuant to Article 5 hereof; (d) to make any change that would provide any additional rights or benefits to the Holders of the Debentures or that does not materially and adversely affect the legal rights under the Indenture hereunder of any such Holder, to make any change Holder of the Debenture; or (e) to comply with any requirement requirements of the Commission SEC in order to effect or maintain the qualification of the this Indenture under the TIA. Upon the request of Holding accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental Indenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof, the Trustee shall join with Holding in the execution of any amended or supplemental Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptionsSECTION 9.01. WITHOUT CONSENT OF HOLDERS OF NOTES. Notwithstanding Section 9.02 of this Indenture, the Company Issuers and the Trustee may amend or supplement the this Indenture or the Notes with the consent of the Holders of a majority in principal amount of the then outstanding Notes, voting as a single class (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 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 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 any Holder of a majority in principal amount of the then outstanding Notes then outstanding voting as a single class Note: (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes). Without the consent of any Holder, the Company and the Trustee may amend or supplement the Indenture or the Notes a) to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, ; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes, ; (c) to add Subsidiary Guarantors or additional obligors with respect to provide for the Notes, to secure assumption and discharge of the Notes or Issuers' and the Subsidiary Guarantees, Guarantors' obligations to add to the covenants of the Company for the benefit of the Holders of Notes in the Notes case of a merger, consolidation or sale of assets or Capital Stock pursuant to surrender any right Article 5 or power conferred upon the CompanyArticle 11 hereof, as applicable; (d) to make any change that would provide any additional rights or benefits to the Holders of Notes or that does not materially and adversely affect the legal rights under the this Indenture of any such Holder, to make any change ; (e) to comply with any requirement requirements of the Commission in order to effect or maintain the qualification of the this Indenture under the TIA; or (f) to allow any Subsidiary to Guarantee the Notes. Upon the request of the Issuers accompanied by a resolution of their respective Boards of Directors authorizing the execution of any such amended or supplemental Indenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof, the Trustee shall join with the Issuers and the Subsidiary Guarantors in the execution of any amended or supplemental Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptionsSECTION 9.01. WITHOUT CONSENT OF HOLDERS OF NOTES. Notwithstanding Section 9.02 of this Indenture, the Company Company, the Guarantors and the Trustee may amend or supplement the this Indenture or the Notes without the consent of any Holder to: (a) cure any ambiguity, defect or inconsistency; (b) 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); (c) provide for the assumption of the Company's or a Guarantor's Obligations to Holders in the case of a merger, consolidation or sale, assignment, transfer, conveyance or other disposition of all or substantially all of the assets of the Company or such Guarantor, pursuant to Section 5.01; (d) make any change that would provide any additional rights or benefits to the Holders or that does not adversely affect the legal rights under this Indenture of any such Holder; (e) provide for or confirm the issuance of Additional Notes otherwise permitted to be incurred by this Indenture; or (f) comply with requirements of the SEC in order to effect or maintain the qualification of this Indenture under the TIA. SECTION 9.02. WITH CONSENT OF HOLDERS OF NOTES. Except as provided below in this Section 9.02, the Company, a Guarantor and the Trustee may amend or supplement this Indenture and the Notes with the consent of the Holders of at least a majority in aggregate principal amount of the Notes, including Additional Notes, if any, then outstanding Notes, voting as a single class (including including, without limitation, consents obtained in connection with a purchase of of, or tender offer or exchange offer for Exchange Offer for, the Notes), and, subject to Sections 6.04 and 6.07 of the Indenturehereof, any existing Default or Event of Default (except a continuing Default or Event of Default (i) in the payment of principal, premium, if any, or interest interest, if any, on the NotesNotes and (ii) in respect of a covenant or provision which under this Indenture cannot be modified or amended without the consent of the Holder of each Note affected by such modification or amendment ) or compliance with any provision of the this 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 at least a majority in aggregate principal amount of the then outstanding Notes Notes, including Additional Notes, if any, then outstanding voting as a single class (including consents obtained in connection with a purchase of of, or tender offer or exchange offer for Exchange Offer for, the Notes). Without the consent of any each Holder, the Company and the Trustee an amendment or waiver under this Section 9.02 may amend or supplement the Indenture or the not (with respect to any Notes to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption held by a successor corporation non-consenting Holder): (a) reduce the principal amount of Notes whose Holders must consent to an amendment, supplement or waiver; (b) reduce the obligations principal of or change the Company under Stated Maturity of any Note or alter the Indenture, to provide for uncertificated Notes in addition to or in place of certificated Notes, to add Subsidiary Guarantors or additional obligors provisions with respect to the redemption of the Notes relating to the provisions under Section 4.17 hereof; (c) reduce the rate of or change the time for payment of interest on any Note; (d) waive a Default or Event of Default in the payment of principal of, or interest or premium, if any, on the Notes, to secure (except a rescission of acceleration of the Notes by the Holders of at least a majority in aggregate principal amount of the Notes and a waiver of the payment Default that resulted from such acceleration); (e) make any Note payable in money other than that stated in such Note; (f) make any change in the provisions (including applicable definitions) of this Indenture relating to waivers of past Defaults or the Subsidiary Guaranteesrights of Holders of Notes to receive payments of principal of, premium, if any, or interest, if any, on the Notes; (g) waive a redemption or repurchase payment with respect to add to any Note, including a payment required by the covenants of provisions under Sections 4.12 and 4.17 hereof; (h) make any change in any note guarantees that would adversely affect the Company for the benefit of the Holders holders of the Notes or to surrender release any right Guarantor from any of its Obligations under its note guarantee or power conferred upon this Indenture, except in accordance with the Company, to make any change that does not materially and adversely affect the legal rights under the Indenture terms of any such Holder, to this Indenture; (i) make any change to comply with any requirement the subordination provisions of this Indenture (including applicable definitions) that would adversely affect the holders of the Commission Notes; or (j) make any change in order the preceding amendment and waiver provisions. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Persons entitled to effect consent to any supplemental indenture. If a record date is fixed, the Holders on such record date, or maintain the qualification their duly designated proxies, and only such Persons, shall be entitled to consent to such supplemental indenture, whether or not such Holders remain Holders after such record date; PROVIDED that unless such consent shall have become effective by virtue of the Indenture requisite percentage having been obtained prior to the date which is 120 days after such record date, any such consent previously given shall automatically and without further action by any Holder be cancelled and of no further effect. It shall not be necessary for the consent of the Holders under this Section 9.02 to approve the TIAparticular form of any proposed amendment or waiver, but it shall be sufficient if such consent approves the substance thereof. After an amendment, supplement or waiver under this Section 9.02 becomes effective, the Company shall mail to the Holder of each Note affected thereby to such Holder's address appearing in the Security Register a notice briefly describing the amendment, supplement or waiver. Any failure of the Company to mail such notice, or any defect therein, shall not, however, in any way impair or affect the validity of any such amended or supplemental indenture or waiver.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes, voting as a single class (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 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) default or compliance with any provision of the 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 then outstanding voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes). Without the consent of any HolderHolder of a Note, the Company and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to add Subsidiary Guarantors or additional obligors with respect provide for the assumption of an Issuer's obligations to the Notes, to secure Holders of the Notes or the Subsidiary Guarantees, pursuant to add to the covenants Article 5 of the Company for the benefit of Indenture, (4) to make any change that would provide any additional rights or benefits to the Holders of the Notes or to surrender any right or power conferred upon the Company, to make any change that does not materially and adversely affect the legal rights under the Indenture of any such Holder, to make provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with any requirement the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act or (9) to evidence or provide for the acceptance of appointment under the Indenture of a successor Trustee.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company and Indenture, the Trustee may amend or supplement the Indenture 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 aggregate Reduced Principal Amount of the then outstanding Notes, voting as a single class (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 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) default or compliance with any provision of the Indenture Indenture, the Notes or the Notes (except for certain covenants and provisions of the Indenture that cannot be amended without the consent of each Holder) Subsidiary Guarantees may be waived with the consent of the Holders of a majority in principal amount aggregate Reduced Principal Amount of the then outstanding Notes then outstanding voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes). Without the consent of any HolderHolder of a Note, the Company and Indenture, the Trustee may amend or supplement the Indenture Notes or the Notes Subsidiary Guarantees may be amended or supplemented to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, to provide for uncertificated Notes in addition to or in place of certificated Notes, to add Subsidiary Guarantors provide for the assumption of the Company’s or additional obligors with respect a Guarantor’s obligations to Holders of the NotesNotes pursuant to Article 5 of the Second Supplemental Indenture, to secure the Notes make any change that would provide any additional rights or the Subsidiary Guarantees, benefits to add to the covenants of the Company for the benefit of the Holders of the Notes or to surrender any right or power conferred upon the Company, to make any change that does not materially and adversely affect the legal rights under the Indenture of any such Holder, including any increase in the Conversion Rate or other consideration due upon conversion of the Notes (whether or not subject to time limitations or other conditions), as determined in accordance with Section 901 of the Original Indenture (as amended by Section 9.01 of the Second Supplemental Indenture), to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Second Supplemental Indenture or otherwise, to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, to comply with the requirements of Section 11.11 of the Second Supplemental Indenture, to evidence or provide for the acceptance of appointment under the Indenture of a successor Trustee, to add to, change or eliminate any provisions of the Indenture in respect of one or more other series of Securities or to establish the forms or terms of Securities of any other series as permitted by the Indenture, to make provision with respect to adjustments to the Conversion Rate as required by the Second Supplemental Indenture or to increase the Conversion Rate in accordance with the Second Supplemental Indenture or to make any change to comply with any requirement of changes necessary or advisable, in the Commission Company’s sole discretion, in order to effect or maintain the qualification settlement of amounts due pursuant to Section 4.01 of the Indenture under the TIASecond Supplemental Indenture.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company and Indenture, the Trustee may amend or supplement the Indenture Notes or the Notes Subsidiary Guarantees may be amended or supplemented with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes, including Additional Notes, if any, voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes)class, and, subject to Sections 6.04 and 6.07 of the Indenture, any existing Default or Event of Default (except a continuing Default or Event of Default in the payment of principal, premium, if any, or interest on the Notes) or compliance with any provision of the Indenture or the Notes (except for certain covenants and provisions of or the Indenture that cannot be amended without the consent of each Holder) Subsidiary Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes then outstanding Notes, including Additional Notes, if any, voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes)class. Without the consent of any HolderHolder of Notes, the Company and Indenture, the Trustee may amend or supplement the Indenture Notes or the Notes Subsidiary Guarantees may be amended or supplemented: (i) to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, ; (ii) to provide for uncertificated Notes in addition to or in place of certificated Notes, ; (iii) to add provide for the assumption of an Issuer’s or a Guarantor’s obligations to Holders of the Notes and Subsidiary Guarantors Guarantees by a successor to such Issuer or additional obligors with respect such Guarantor pursuant to the Notes, Indenture; (iv) to secure the Notes make any change that would provide any additional rights or the Subsidiary Guarantees, benefits to add to the covenants of the Company for the benefit of the Holders of the Notes or to surrender any right or power conferred upon the Company, to make any change that does not materially and adversely affect the legal rights under the Indenture of any such Holder, to make provided that any change to conform the Indenture to the Offering Memorandum will be deemed not to adversely affect such legal rights; (v) to secure the Notes or the Subsidiary Guarantees pursuant to the requirements of ‎Section 4.12 of the Indenture; (vi) to provide for the issuance of Additional Notes in accordance with ‎Section 2.02 of the Indenture; (vii) to add any additional Guarantor or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture; (viii) to evidence or provide for the acceptance of appointment under the Indenture of a successor Trustee; (ix) to release Liens securing the Notes in accordance with the last paragraph of ‎Section 4.12 of the Indenture or to confirm and evidence such release or the termination or discharge of any such Lien; or (x) to comply with any requirement the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the TIA.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptionsthe following paragraphs, the Company Indenture and the Trustee 9 3/4% Senior Subordinated Notes may amend be amended or supplement the Indenture or the Notes supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding 9 3/4% Senior Subordinated Notes, voting as a single class (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 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 or the 9 3/4% Senior Subordinated 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 aggregate principal amount of the then outstanding Notes then outstanding voting as a single class (including consents obtained in connection with a purchase 9 3/4% Senior Subordinated Notes. Notwithstanding Section 9.2 of or tender offer or exchange offer for the Notes). Without Indenture, without the consent of any HolderHolders, the Company Company, the Guarantors, if any, and the Trustee Trustee, at any time and from time to time, may amend or supplement the Indenture or for any of the Notes following purposes: (1) to cure any ambiguity, omissionmistake, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, ; (2) to provide for uncertificated Notes in addition to or in place of certificated Notes; (3) to provide for the assumption by a Successor Company or a successor company of a Guarantor, to add Subsidiary Guarantors as applicable, of the Company’s or additional obligors with respect to the Notessuch Guarantor’s obligations under this Indenture, to secure the Notes or the Subsidiary Guarantees, to add to the covenants of the Company for the benefit of the Holders of the Notes or to surrender any right or power conferred upon the Company, Guarantee; (4) to make any change that would provide any additional rights or benefits to the Holders of Notes or that does not materially and adversely affect the legal rights under the this Indenture of any such Holder, ; (5) to make any change secure the Notes; (6) to comply with any requirement requirements of the Commission in order to effect or maintain the qualification of the this Indenture under the TIA, as amended; (7) to add a Guarantee of the Notes; (8) to release a Guarantor upon its sale or designation as an Unrestricted Subsidiary or other permitted release from its Guarantee; provided that such sale, designation or release is in accordance with the applicable provisions of this Indenture; or (9) to conform the text of this Indenture, Notes or Guarantees to any provision of the “Description of Notes” in the Offering Memorandum. With the consent of the Holders of not less than a majority in aggregate principal amount of the outstanding Notes, the Company, the Guarantors, if any, and the Trustee may amend or supplement the Indenture for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of the Indenture or the Notes or of modifying in any manner the rights of the Holders under the Indenture or the Notes, including the definitions herein; provided, however, that no such amendment or supplement shall, without the consent of the Holder of each outstanding Note affected thereby: (1) reduce the principal amount of Notes issued thereunder whose Holders must consent to an amendment, supplement or waiver; (2) reduce the principal of or change the fixed maturity of any Note or alter the provisions with respect to the redemption of such Notes issued thereunder (other than provisions relating to Sections 3.9, 4.10 and 4.14 except as set forth in item (10) below); (3) reduce the rate of or change the time for payment of interest on any Note issued thereunder; (4) waive a Default or Event of Default in the payment of principal of, or interest or premium, or Additional Interest, if any, on the Notes issued thereunder (except a rescission of acceleration of such Notes issued thereunder by the holders of at least a majority in aggregate principal amount of such Notes issued thereunder with respect to a nonpayment default and a waiver of the payment default that resulted from such acceleration); (5) make any Note payable in money other than that stated in the Notes; (6) make any change in the provisions of this Indenture relating to waivers of past Defaults or the rights of Holders of Notes to receive payments of principal of, or interest or premium or Additional Interest, if any, on such Notes issued thereunder or impair the right of any holder of Notes to institute suit for the enforcement of any payment on or with respect to such Holder’s Notes; (7) waive a redemption payment with respect to any Note issued thereunder (other than a payment required by Sections 3.9, 4.10 and 4.14 except as set forth in item (10) below); (8) make any change in the ranking, priority or subordination provisions of any Note that would adversely affect the Holders of such Notes; (9) modify the Guarantees in any manner adverse to the Holders of the Notes; (10) amend, change or modify in any material respect the obligation of the Company to make and consummate a Change of Control Offer in respect of a Change of Control that has occurred or make and consummate an Asset Sale Offer in respect of an Asset Sale that has been consummated after a requirement to make an Asset Sale Offer has arisen; or (11) make any change in the preceding amendment and waiver provisions. The Holders of not less than a majority in aggregate principal amount of the outstanding Notes may on behalf of the Holders of all the Notes waive any past Default under the Indenture and its consequences, except a Default: (1) in any payment in respect of the principal of (or premium, if any) or interest on any Notes (including any Note which is required to have been purchased pursuant to an Offer to Purchase which has been made by the Company), or (2) in respect of a covenant or provision hereof which under this Indenture cannot be modified or amended without the consent of the Holder of each outstanding Note affected. It shall not be necessary for the consent of the Holders of Notes under Section 9.2 of the Indenture to approve the particular form of any proposed amendment or waiver, but it shall be sufficient if such consent approves the substance thereof. After an amendment, supplement or waiver under Section 9.2 of the Indenture becomes effective, the Company shall mail to the Holders of Notes affected thereby a notice briefly describing the amendment, supplement or waiver. Any failure of the Company to mail such notice, or any defect therein, shall not, however, in any way impair or affect the validity of any such amended or supplemental Indenture or waiver.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company and Indenture, the Trustee may amend or supplement the Indenture Securities Guarantee or the 2024 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, Outstanding Securities affected by such amendment or supplemental indenture voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes)class, and, subject to Sections 6.04 and 6.07 of the Indenture, any existing Default or Event of Default (except a continuing Default or Event of Default in the payment of principal, premium, if any, or interest on the Notes) or compliance with any provision of the Indenture Indenture, the Securities Guarantee or the 2024 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 then outstanding Outstanding Securities affected thereby voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes)class. Without the consent of any HolderHolder of a 2024 Note, the Company and Indenture, the Trustee may amend or supplement the Indenture Securities Guarantee or the 2024 Notes to may be amended or supplemented to, among other things, cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, ; to provide for uncertificated 2024 Notes in addition to or in place of certificated 2024 Notes, ; to provide for the assumption of the Issuer’s obligations to Holders of 2024 Notes in the case of a merger or consolidation or sale of all or substantially all of the Issuer’s assets; to add Subsidiary Guarantors or additional obligors Securities Guarantees with respect to the 2024 Notes, ; to secure the Notes 2024 Notes; to make any other change that would provide any additional rights or the Subsidiary Guarantees, benefits to add to the covenants of the Company for the benefit of the Holders of the 2024 Notes or to surrender any right or power conferred upon the Company, to make any change that does not materially and adversely affect the legal rights under the Indenture of any such Holder, to make any change ; or to comply with any requirement requirements of the Commission in order to effect or maintain the qualification of the applicable Indenture under the TIATrust Indenture Act.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptionsSECTION 9.01. WITHOUT CONSENT OF HOLDERS OF NOTES. Notwithstanding Section 9.02 of this Indenture, the Company and the Trustee may amend or supplement the this Indenture or the Notes with the consent of the Holders of a majority in principal amount of the then outstanding Notes, voting as a single class (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 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 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 any Holder of a majority in principal amount of the then outstanding Notes then outstanding voting as a single class Note: (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes). Without the consent of any Holder, the Company and the Trustee may amend or supplement the Indenture or the Notes a) to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, ; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes, Notes or to add Subsidiary Guarantors or additional obligors with respect alter the provisions of Article 2 hereof (including the related definitions) in a manner that does not materially adversely affect any Holder; (c) to provide for the assumption of the Company's obligations to the Notes, to secure Holders of the Notes or the Subsidiary Guarantees, to add by a successor to the covenants of the Company for the benefit of pursuant to Article 5 or Article 11 hereof; (d) to make any change that would provide any additional rights or benefits to the Holders of the Notes or to surrender any right or power conferred upon the Company, to make any change that does not materially and adversely affect the legal rights under the Indenture hereunder of any such Holder, to make any change Holder of the Note; or (e) to comply with any requirement requirements of the Commission in order to effect or maintain the qualification of the this Indenture under the TIA; (f) to provide for the issuance of Additional Notes in accordance with the limitations set forth in this Indenture as of the date hereof; or (g) to provide for guarantees of the Notes. Upon the request of the Company accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental Indenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof, the Trustee shall join with the Company in the execution of any amended or supplemental Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company and Indenture, the Trustee may amend or supplement the Indenture 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, Notes voting as a single class (including consents obtained in connection class, and any existing default or compliance with a purchase of or tender offer or exchange offer for the Notes), and, subject to Sections 6.04 and 6.07 any provision of the Indenture, any existing Default the Subsidiary Guarantees or Event of Default the Notes (except other than a continuing Default or Event of Default in the payment of principalthe principal of or premium, premiumif any, Liquidated Damages, if any, or interest on the Notes) or compliance with any provision of the 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 then outstanding voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes)class. Without the consent of any HolderHolder of a Note, the Company and the 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 of the obligations of the Company under the Indenture, to ; provide for uncertificated Notes in addition to or in place of certificated Notes, to add Subsidiary Guarantors or additional obligors with respect to Notes (provided that the Notes, to secure the uncertificated Notes or the Subsidiary Guarantees, to add to the covenants are issued in registered form for purposes of Section 163(f) of the Company Code, or in a manner such that the uncertificated Notes are described in Section 163(f)(2)(B) of the Code); provide for the benefit assumption of the Company's obligations to Holders of Notes in the Notes case of a merger or to surrender any right consolidation or power conferred upon sale of all or substantially all of the Company, to 's assets; make any change that would provide any additional rights or benefits to the Holders of Notes or that does not materially and adversely affect the legal rights under the Indenture of any such Holder, ; provide for the issuance of Additional Notes in accordance with the provisions set forth in this Indenture; evidence and provide for the acceptance of an appointment of a successor Trustee; conform this Indenture or the Notes to make any change the "Description of Notes" set forth in the Offering Memorandum; add Subsidiary Guarantees with respect to the Notes; or comply with any requirement requirements of the Commission SEC in order to effect or maintain the qualification of the this Indenture under the TIA.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount at maturity of the then outstanding Notes, Notes voting as a single class (class, including without limitation, consents obtained in connection with a purchase of 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 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 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 aggregate principal amount at maturity of the then outstanding Notes then outstanding voting as a single class (class, including without limitation, in consents obtained in connection with a purchase of of, or tender offer or exchange offer for the Notes). Without the consent of any HolderHolder of a Note, the Company and the 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 of the obligations of the Company under the Indenture, to provide for uncertificated Notes in addition to or in place of certificated NotesNotes or to alter the provisions of Article 2 hereof (including the related definitions) in a manner that does not materially adversely affect any Holder, to add Subsidiary Guarantors provide for the assumption of the Company's or additional obligors with respect any Guarantor's obligations to the NotesHolders of the Notes by a successor to the Company pursuant to Article 5 of the Indenture, to secure the Notes make any change that would provide any additional rights or the Subsidiary Guarantees, benefits to add to the covenants of the Company for the benefit of the Holders of the Notes or to surrender any right or power conferred upon the Company, to make any change that does not materially and adversely affect the legal rights under the Indenture hereunder of any such HolderHolder of the Note, to make any change to comply with any requirement requirements of the Commission SEC in order to effect or maintain the qualification of the this Indenture under the TIA, to add a Guarantor pursuant to Section 12.02 of the Indenture, and to evidence and provide the acceptance of the appointment of a successor Trustee pursuant to Section 7.08 and 7.09 of the Indenture.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptionsSection 9.01 Without Consent of Holders of Notes. Notwithstanding the first paragraph of Section 8.02, the Company Parent Guarantor, the Issuer and the Trustee and, if applicable, the Collateral Agent, may amend or supplement the Indenture or the Notes with the consent of the Holders of a majority in principal amount of the then outstanding Notes, voting as a single class (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 this Indenture, the Security Documents and any existing Default Guarantee 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 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 then outstanding voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes). Without the consent of any Holder, the Company and the Trustee may amend or supplement the Indenture or the Notes to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, : (1) to provide for uncertificated Notes in addition to or in place of certificated Notes, Notes (provided that the uncertificated Notes are issued in registered form for purposes of Section 163(f) of the Code); (2) to make any change that would provide any additional rights or benefits to the Holders or that does not adversely affect the legal rights under this Indenture of any such Holder; (3) to add Subsidiary Guarantors or additional obligors with respect to the Notes, to secure the Notes or the Subsidiary Guarantees, to add to the covenants of the Company for the benefit of the Holders of the Notes or to surrender any right or power conferred upon the Company, Parent Guarantor or the Issuer; (4) to evidence and provide for the acceptance and appointment under this Indenture of a successor Trustee or a successor Collateral Agent thereunder pursuant to the requirements thereof; (5) to make any change amendment to the provisions of this Indenture relating to the transfer and legending of Notes as permitted by this Indenture, including, without limitation, to facilitate the issuance and administration of the Notes; provided, however, that (i) compliance with this Indenture as so amended would not result in Notes being transferred in violation of the Securities Act or any applicable securities law and (ii) such amendment does not materially and adversely affect the legal rights under of Holders to transfer Notes; (6) to add additional assets as Collateral, including, for the avoidance of doubt, entering into deposit account control agreements, securities account control agreements, bailee agreements and similar agreements pertaining to control over Collateral; (7) to release Collateral from the Lien securing the Notes pursuant to this Indenture and the Security Documents when permitted or required by this Indenture and the Security Documents; and (8) in the case of any deposit account control agreement, securities account control agreement, bailee agreement or other similar agreement pertaining to “control” over the Collateral, in each case (a) providing for control and perfection of Collateral and (b) to which the Collateral Agent is a party, at the request and sole expense of the Issuer, and without the consent of the Collateral Agent, to amend any such agreement to substitute a successor representative for such representative. Upon the request of the Parent Guarantor and the Issuer accompanied by a resolution of their respective boards of directors authorizing the execution of any such Holderamended or supplemental indenture, and upon receipt by the Trustee of the documents described in Section 9.05, the Trustee and/or the Collateral Agent shall join with the Parent Guarantor and the Issuer in the execution of any amended or supplemental indenture or security documents, intercreditor agreement or amendments thereto, in each case, authorized or permitted by the terms of this Indenture and to make any change further appropriate agreements and stipulations that may be therein contained, but the Trustee and/or the Collateral Agent shall not be obligated to comply with enter into such amended or supplemental indenture or security documents, intercreditor agreement or any requirement of the Commission in order to effect amendment thereto that affects their own rights, duties or maintain the qualification of the immunities under this Indenture under the TIAor otherwise.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptionsexceptions set forth in the Indenture, (a) the Indenture, the Company Notes, the Note Guarantees, the Collateral Sharing Agreement or the Security Documents may be amended without prior notice to any Holder but with the written consent of the Holders of at least a majority in aggregate principal amount of the outstanding Notes and (b) any default may be waived with the written consent of the Holders of at least a majority in principal amount of the outstanding Notes. Subject to certain exceptions set forth in the Indenture, without the consent of any Holder, the Issuers and the Trustee may amend or supplement the Indenture Indenture, the Notes, the Note Guarantees or the Notes with the consent of the Holders of a majority in principal amount of the then outstanding Notes, voting as a single class Security Documents (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 or Event of Default (except a continuing Default or Event of Default in the payment of principal, premium, if any, or interest on the Notesi) or compliance with any provision of the 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 then outstanding voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes). Without the consent of any Holder, the Company and the Trustee may amend or supplement the Indenture or the Notes to cure any ambiguity, omission, defect or inconsistency, ; (ii) to provide for the assumption by a successor corporation comply with Article 5 of the obligations of the Company under the Indenture, ; (iii) to provide for uncertificated Notes in addition to or in place of certificated Notes; provided, however, 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; (iv) to add Subsidiary Guarantors or additional obligors Note Guarantees with respect to the Notes, to secure the Notes or the Subsidiary Guarantees, ; (v) to add to the covenants of the Company Issuers for the benefit of the Holders of the Notes or to surrender any right or power herein conferred upon the Company, Issuers; (vi) to make any change that does not materially and adversely affect the legal rights under the Indenture of any such Holder; (vii) to provide for the issuance of the Exchange Notes, Private Exchange Notes or Additional Notes, which shall have terms substantially identical in all material respects to make the Original Notes (except that the transfer restrictions contained in the Original Notes shall be modified or eliminated, as appropriate), and which shall be treated, together with any change outstanding Original Notes, as a single issue of securities; (viii) to comply with any requirement of the Commission in order to effect connection with qualifying, or maintain maintaining the qualification of the of, this Indenture under the TIA; (ix) if necessary, in connection with any addition or release of Collateral permitted under the terms of the Indenture or the Security Documents; or (x) prior to the Discharge of Credit Agreement Obligations, to give effect to any amendment, waiver or consent in respect of any Security Document or the Collateral Sharing Agreement that does not materially affect the rights of the Holders.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in the aggregate principal amount of the then outstanding Notes, voting as a single class (class, including without limitation, consents obtained in connection with a purchase of 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 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 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 aggregate principal amount of the then outstanding Notes then outstanding voting as a single class (class, including without limitation, in consents obtained in connection with a purchase of of, or tender offer or exchange offer for the Notes). Without the consent of any HolderHolder of a Note, the Company and the 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 of the obligations of the Company under the Indenture, to provide for uncertificated Notes in addition to or in place of certificated NotesNotes or to alter the provisions of Article 2 of the Indenture (including the related definitions) in a manner that does not materially adversely affect any Holder, to add Subsidiary Guarantors provide for the assumption of the Company's or additional obligors with respect any Guarantor's obligations to the NotesHolders of the Notes by a successor to the Company pursuant to Article 5 of the Indenture, to secure the Notes make any change that would provide any additional rights or the Subsidiary Guarantees, benefits to add to the covenants of the Company for the benefit of the Holders of the Notes or to surrender any right or power conferred upon the Company, to make any change that does not materially and adversely affect the legal rights under the Indenture hereunder of any such HolderHolder of the Note, to make any change to comply with any requirement requirements of the Commission SEC in order to effect or maintain the qualification of the this Indenture under the TIA, to add a Guarantor pursuant to Section 12.2 of the Indenture, and to evidence and provide the acceptance of the appointment of a successor Trustee pursuant to Section 7.8 and 7.9 of the Indenture.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject For the purposes of this Fourth Supplemental Indenture only and with respect to certain exceptionsthe 2026 Notes only (and for greater certainty not with respect to the 2023 Notes, the Company 2023 Convertible Notes or the 2025 Convertible Notes), the Original Indenture shall be amended by deleting Section 9.1(g) in its entirety and replacing it with the following: “Notwithstanding Sections 14.1 and 14.2, without the consent of any Holder, the Issuer, the Guarantors and the Trustee may amend or supplement this Indenture, the Indenture Notes or the Notes with the consent of the Holders of a majority in principal amount of the then outstanding Notes, voting as a single class Subsidiary Guarantees to: (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 or Event of Default (except a continuing Default or Event of Default in the payment of principal, premium, if any, or interest on the Notesa) or compliance with any provision of the 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 then outstanding voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes). Without the consent of any Holder, the Company and the Trustee may amend or supplement the Indenture or the Notes to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, to ; (b) provide for uncertificated Notes in addition to or in place of certificated Notes, to add Subsidiary Guarantors or additional obligors with respect to ; (c) provide for the Notes, to secure the Notes or the Subsidiary Guarantees, to add to the covenants assumption of the Company for Issuer’s or any Guarantor’s Obligations to Holders of Notes in the benefit case of a merger, amalgamation or consolidation or sale of all or substantially all of the Holders of the Notes Issuer’s or to surrender any right such Guarantor’s assets or power conferred upon the Company, to otherwise comply with Section 12.1; (d) make any change that would provide any additional rights or benefits to the Holders of Notes or that does not materially and adversely affect the legal rights under the this Indenture of any Holder of Notes; add any Subsidiary Guarantee or to effect the release of a Guarantor from its Subsidiary Guarantee, all in accordance with the provisions of this Indenture governing such Holder, release and termination or to make any change to otherwise comply with Article 15; (e) secure the Notes or any requirement Subsidiary Guarantees or any other Obligation under this Indenture; (f) evidence and provide for the acceptance of appointment by a successor ▇▇▇▇▇▇▇; (g) conform the text of this Indenture, the Notes or the Subsidiary Guarantees to any provision of the Commission Description of Notes to the extent that such provision in order this Indenture, the Notes or the Subsidiary Guarantees was intended to effect or maintain the qualification be a verbatim recitation of a provision of the Description of Notes; (h) provide for the issuance of Additional Notes in accordance with this Indenture; (i) to enter into additional or supplemental Security Documents or to add additional parties to the Security Documents to the extent permitted thereunder and under this Indenture; (j) allow any Guarantor to execute a Subsidiary Guarantee; (k) to provide for any amendments permitted under Section 1.13; or (l) to release Collateral from the First-Priority Liens when permitted or required by this Indenture and the Security Documents or add assets to Collateral to secure First-Lien Indebtedness to the extent such Indebtedness is permitted under the TIAthis Indenture.”

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company and the Trustee may amend or supplement the Indenture 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 then outstanding NotesSecurities, voting as a single class (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 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) default or compliance with any provision of the Indenture or the Notes (except for certain covenants and provisions of the Indenture that cannot be amended without the consent of each Holder) Securities may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes then outstanding voting as a single class Securities (including consents obtained in connection with a purchase of of, or tender offer or exchange offer for for, the NotesSecurities). Without the consent of any HolderHolder of a Security, the Company and the Trustee may amend or supplement the Indenture or the Notes Securities may be amended or supplemented to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, to provide for uncertificated Notes Securities in addition to or in place of certificated NotesSecurities, to add Subsidiary Guarantors or additional obligors with respect to provide for the Notes, to secure the Notes or the Subsidiary Guarantees, to add to the covenants assumption of the Company for the benefit of the Issuer’s obligations to Holders of the Notes Securities in case of a merger or to surrender any right or power conferred upon the Companyconsolidation, to make any change that would provide any additional rights or benefits to the Holders of the Securities or that does not materially and adversely affect the legal rights under the Indenture of any such Holder, to make any change secure the Securities or to add additional guarantors, to comply with any requirement the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act or to conform the text of the Indenture or the Securities to any provision in the Prospectus, dated May 8, 2013, as supplemented by the Prospectus Supplement, dated May 13, 2014, with respect to the Securities, under the captions “Description of the Senior Notes” and “Description of Senior Unsecured Notes,” to the extent that such provision was intended to be a verbatim recitation of the Indenture, the Subsidiary Guarantees or the Securities.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes, voting as a single class (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 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) default or compliance with any provision of the 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 then outstanding voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes). Without the consent of any HolderHolder of a Note, the Company and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to add Subsidiary Guarantors provide for the assumption of an Issuer’s obligations to Holders of the Notes pursuant to Article Five of the Supplemental Indenture, (4) to make any change that would provide any additional rights or additional obligors with respect benefits to the Holders of the Notes or that does not adversely affect the legal rights of any Holder of the Notes, (5) to secure the Notes or the Subsidiary GuaranteesGuarantees pursuant to Section 4.12 of the Supplemental Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Supplemental Indenture, (7) to add any additional Guarantor with respect to the covenants of the Company for the benefit of the Holders of the Notes or to surrender any right or power conferred upon evidence the Company, to make any change that does not materially and adversely affect the legal rights under the Indenture release of any such HolderGuarantor from its Subsidiary Guarantee, to make any change in each case as provided in the Supplemental Indenture, (8) to comply with any requirement the requirements of the Commission SEC in order to effect or maintain the qualification of the Supplemental Indenture and the Base Indenture (as it relates to the Notes) with respect to the Notes under the TIATrust Indenture Act, (9) to evidence or provide for the acceptance of appointment under the Indenture of a successor Trustee, (10) to provide for the reorganization of the Company as any other form of entity in accordance with Section 5.01(c) of the Supplemental Indenture or (11) to conform the text of the Base Indenture (as it relates to the Notes), the Supplemental Indenture or the Notes to any provision of the section entitled “Description of Notes” in the Prospectus Supplement relating to the Notes dated May 12, 2014.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes, voting as a single class (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 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) default or compliance with any provision of the 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 then outstanding voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes). Without the consent of any HolderHolder of a Note, the Company and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to add Subsidiary Guarantors provide for the assumption of an Issuer’s obligations to Holders of the Notes pursuant to Article Five of the Twenty-First Supplemental Indenture, (4) to make any change that would provide any additional rights or additional obligors with respect benefits to the Holders of the Notes or that does not adversely affect the legal rights of any Holder of the Notes, (5) to secure the Notes or the Subsidiary GuaranteesGuarantees pursuant to Section 4.12 of the Twenty-First Supplemental Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Twenty-First Supplemental Indenture, (7) to add any additional Guarantor with respect to the covenants of the Company for the benefit of the Holders of the Notes or to surrender any right or power conferred upon evidence the Company, to make any change that does not materially and adversely affect the legal rights under the Indenture release of any such HolderGuarantor from its Subsidiary Guarantee, to make any change in each case as provided in the Twenty-First Supplemental Indenture, (8) to comply with any requirement the requirements of the Commission SEC in order to effect or maintain the qualification of the Twenty-First Supplemental Indenture and the Base Indenture (as it relates to the Notes) with respect to the Notes under the TIATrust Indenture Act, (9) to evidence or provide for the acceptance of appointment under the Indenture of a successor Trustee, (10) to provide for the reorganization of the Company as any other form of entity in accordance with Section 5.01(c) of the Twenty-First Supplemental Indenture or (11) to conform the text of the Base Indenture (as it relates to the Notes), the Twenty-First Supplemental Indenture or the Notes to any provision of the section entitled “Description of Notes” in the prospectus supplement relating to the Notes dated May 6, 2024.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes, voting as a single class (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 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) default or compliance with any provision of the 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 then outstanding voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes). Without the consent of any HolderHolder of a Note, the Company and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to add Subsidiary Guarantors provide for the assumption of an Issuer’s obligations to Holders of the Notes pursuant to Article Five of the Eighteenth Supplemental Indenture, (4) to make any change that would provide any additional rights or additional obligors with respect benefits to the Holders of the Notes or that does not adversely affect the legal rights of any Holder of the Notes, (5) to secure the Notes or the Subsidiary GuaranteesGuarantees pursuant to Section 4.12 of the Eighteenth Supplemental Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Eighteenth Supplemental Indenture, (7) to add any additional Guarantor with respect to the covenants of the Company for the benefit of the Holders of the Notes or to surrender any right or power conferred upon evidence the Company, to make any change that does not materially and adversely affect the legal rights under the Indenture release of any such HolderGuarantor from its Subsidiary Guarantee, to make any change in each case as provided in the Eighteenth Supplemental Indenture, (8) to comply with any requirement the requirements of the Commission SEC in order to effect or maintain the qualification of the Eighteenth Supplemental Indenture and the Base Indenture (as it relates to the Notes) with respect to the Notes under the TIATrust Indenture Act, (9) to evidence or provide for the acceptance of appointment under the Indenture of a successor Trustee, (10) to provide for the reorganization of the Company as any other form of entity in accordance with Section 5.01(c) of the Eighteenth Supplemental Indenture or (11) to conform the text of the Base Indenture (as it relates to the Notes), the Eighteenth Supplemental Indenture or the Notes to any provision of the section entitled “Description of Notes” in the prospectus supplement relating to the Notes dated January 18, 2023.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptionsexceptions set forth in the Indenture, (a) the Indenture, the Company Notes, the Note Guarantees, the Collateral Sharing Agreement or the Security Documents may be amended without prior notice to any Holder but with the written consent of the Holders of at least a majority in aggregate principal amount of the outstanding Notes and (b) any default may be waived with the written consent of the Holders of at least a majority in principal amount of the outstanding Notes. Subject to certain exceptions set forth in the Indenture, without the consent of any Holder, the Issuers and the Trustee may amend or supplement the Indenture Indenture, the Notes, the Note Guarantees or the Notes with the consent of the Holders of a majority in principal amount of the then outstanding Notes, voting as a single class Security Documents (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 or Event of Default (except a continuing Default or Event of Default in the payment of principal, premium, if any, or interest on the Notesi) or compliance with any provision of the 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 then outstanding voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes). Without the consent of any Holder, the Company and the Trustee may amend or supplement the Indenture or the Notes to cure any ambiguity, omission, defect or inconsistency, ; (ii) to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, comply with Article 5; (iii) to provide for uncertificated Notes in addition to or in place of certificated Notes; provided, however, 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; (iv) to add Subsidiary Guarantors or additional obligors Note Guarantees with respect to the Notes, to secure the Notes or the Subsidiary Guarantees, ; (v) to add to the covenants of the Company Issuers for the benefit of the Holders of the Notes or to surrender any right or power herein conferred upon the Company, Issuers; (vi) to make any change that does not materially and adversely affect the legal rights under the Indenture of any such Holder; (vii) to provide for the issuance of the Exchange Notes, Private Exchange Notes or Additional Notes, which shall have terms substantially identical in all material respects to make the Original Notes (except that the transfer restrictions contained in the Original Notes shall be modified or eliminated, as appropriate), and which shall be treated, together with any change outstanding Original Notes, as a single issue of securities; (viii) to comply with any requirement of the Commission in order to effect connection with qualifying, or maintain maintaining the qualification of the of, this Indenture under the TIA; (ix) if necessary, in connection with any addition or release of Collateral permitted under the terms of the Indenture or the Security Documents; or (x) prior to the Discharge of Credit Agreement Obligations, to give effect to any amendment, waiver or consent in respect of any Security Document or the Collateral Sharing Agreement that does not materially affect the rights of the Holders.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company and the Trustee may amend or supplement the Indenture or Indenture, the Notes or 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, voting as a single class (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 the terms of the IndentureIndenture and any applicable Subsidiary Guarantee, any existing Default or Event of Default default (except other than a continuing Default or Event of Default default in the payment of principalthe principal of, premium, if any, or interest on on, the Notes) or compliance with any provision of the Indenture or Indenture, the Notes (except for certain covenants and provisions of the Indenture that cannot be amended without the consent of each Holder) or any Subsidiary Guarantee may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes then outstanding voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes). Without the consent of any HolderHolder of a Note, the Company and the Trustee may amend or supplement the Indenture or Indenture, the Notes and any Subsidiary Guarantee may be amended or supplemented to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, to provide for uncertificated Notes in addition to or in place of certificated Notes, to add comply with Article 5 of the Indenture, to provide for the assumption of the Company's or any Subsidiary Guarantors or additional obligors with respect Guarantor's obligations to Holders of the Notes, to secure the Notes make any change that would provide any additional rights or the Subsidiary Guarantees, benefits to add to the covenants of the Company for the benefit of the Holders of the Notes or to surrender any right or power conferred upon the Company, to make any change that does not materially and adversely affect the legal rights under the Indenture of any such Holder, to make add covenants for the benefit of the Holders or to surrender any change right or power conferred upon the Company, to comply with any requirement the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the TIA, to add a Subsidiary Guarantor under the Indenture, or to provide for the appointment of a successor trustee in compliance with the requirements of Section 7.10 of the Indenture.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptionsSECTION 9.01. WITHOUT CONSENT OF HOLDERS OF NOTES. Notwithstanding Section 9.02 of this Indenture, the Company and the Trustee may amend or supplement this Indenture, the Indenture Pledge and Escrow Agreement or the Notes with the consent of the Holders of a majority in principal amount of the then outstanding Notes, voting as a single class (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 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 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 any Holder of a majority in principal amount of the then outstanding Notes then outstanding voting as a single class Note: (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes). Without the consent of any Holder, the Company and the Trustee may amend or supplement the Indenture or the Notes a) to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, ; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes, Notes or to add Subsidiary Guarantors or additional obligors with respect alter the provisions of Article 2 hereof (including the related definitions) in a manner that does not materially adversely affect any Holder; (c) to provide for the assumption of the Company's obligations to the Notes, to secure Holders of the Notes or the Subsidiary Guarantees, to add by a successor to the covenants of the Company for the benefit of pursuant to Article 5 hereof; (d) to make any change that would provide any additional rights or benefits to the Holders of the Notes or to surrender any right or power conferred upon the Company, to make any change that does not materially and adversely affect the legal rights under the Indenture hereunder of any such Holder, to make any change Holder of the Note; (e) to comply with any requirement requirements of the Commission SEC in order to effect or maintain the qualification of the this Indenture under the TIA; Upon the request of the Company accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental Indenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof, the Trustee shall join with the Company in the execution of any amended or supplemental Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company and the Trustee may amend or supplement the Indenture 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 then outstanding NotesSecurities, voting as a single class (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 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) default or compliance with any provision of the Indenture or the Notes (except for certain covenants and provisions of the Indenture that cannot be amended without the consent of each Holder) Securities may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes then outstanding voting as a single class Securities (including consents obtained in connection with a purchase of of, or tender offer or exchange offer for for, the NotesSecurities). Without the consent of any HolderHolder of a Security, the Company and the Trustee may amend or supplement the Indenture or the Notes Securities may be amended or supplemented to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, to provide for uncertificated Notes Securities in addition to or in place of certificated NotesSecurities, to add Subsidiary Guarantors or additional obligors with respect to provide for the Notes, to secure the Notes or the Subsidiary Guarantees, to add to the covenants assumption of the Company for the benefit of the Issuer’s obligations to Holders of the Notes Securities in case of a merger or to surrender any right or power conferred upon the Companyconsolidation, to make any change that would provide any additional rights or benefits to the Holders of the Securities or that does not materially and adversely affect the legal rights under the Indenture of any such Holder, to make any change secure the Securities or to add additional guarantors), to comply with any requirement the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act or to conform the text of the Indenture or the Securities to any provision in the Prospectus, dated ___ , 2010, with respect to the Securities, under the caption “Description of the Senior Notes,” to the extent that such provision was intended to be a verbatim recitation of the Indenture, the Subsidiary Guarantees or the Securities.

AMENDMENT, SUPPLEMENT AND WAIVER. The Base Indenture may be amended as provided therein. Subject to certain exceptions, the Company and the Trustee may amend or supplement the First Supplemental 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 Notesoutstanding, voting as a single class (including including, without limitation, 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 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 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 then outstanding voting as a single class (including Notes, including, without limitation, consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes). Without the consent of any HolderHolder of a Note, the Company and the Trustee may amend or supplement the First Supplemental Indenture or the Notes may be amended or supplemented (i) to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, ; (ii) to provide for uncertificated Notes in addition to or in place of certificated Notes, ; (iii) to add Subsidiary Guarantors provide for the assumption of the Company’s or additional obligors with respect any Guarantors’ obligations to the Notes, to secure Holders of the Notes in case of a merger or the Subsidiary Guarantees, to add to the covenants consolidation or sale of all or substantially all of the Company for the benefit of Company’s assets; (iv) to make any change that would provide any additional rights or benefits to the Holders of the Notes or to surrender any right or power conferred upon the Company, to make any change that does not materially and adversely affect the legal rights under the First Supplemental Indenture of any such Holder, to make any change ; (v) to comply with any requirement the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act; (vi) to provide for the issuance of Additional Notes in accordance with the First Supplemental Indenture; (vii) to add guarantees with respect to the Notes; (viii) to evidence and provide for the acceptance of appointment by a successor trustee with respect to the Notes; and (ix) to make any other change that does not materially adversely affect the rights of any Holder of the Notes, as determined conclusively by the Company in good faith.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptionsSECTION 9.01. WITHOUT CONSENT OF HOLDERS OF NOTES. Notwithstanding Section 9.02 of this Indenture, the Company and the Trustee may (subject to Section 10.14) amend or supplement the this Indenture or the Notes with the consent of the Holders of a majority in principal amount of the then outstanding Notes, voting as a single class (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 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 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 any Holder of a majority in principal amount of the then outstanding Notes then outstanding voting as a single class Note: (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes). Without the consent of any Holder, the Company and the Trustee may amend or supplement the Indenture or the Notes a) to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, ; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes, ; (c) to add Subsidiary Guarantors or additional obligors with respect provide for the assumption of the Company's (and Guarantors') obligations to the Notes, to secure Holders of the Notes in the case of a merger or the Subsidiary Guarantees, to add to the covenants consolidation or sale of all or substantially all of the Company for the benefit of Company's (and Guarantors') assets pursuant to Article 5 or Article 11 hereof; (d) to make any change that would provide any additional rights or benefits to the Holders of the Notes or to surrender any right or power conferred upon the Company, to make any change that does not materially and adversely affect the legal rights under the Indenture hereunder of any such Holder, to make any change Holder of the Note; and (e) to comply with any requirement requirements of the Commission SEC in order to effect or maintain the qualification of the this Indenture under the TIA; Upon the request of the Company accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental Indenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof, the Trustee shall join with the Company and the Guarantors in the execution of any amended or supplemental Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company and Indenture, the Trustee may amend or supplement the Indenture Notes or the Notes Collateral Documents may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes)class, and, subject to Sections 6.04 and 6.07 of the Indenture, any existing Default or Event of Default (except a continuing Default or Event of Default in the payment of principal, premium, if any, or interest on the Notes) default or compliance with any provision of the 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 then outstanding and Additional Notes, if any, voting as a single class (including consents obtained class. Any amendment to, or waiver of, the provisions of any of the Collateral Documents relating to Section 4.13 of the Indenture or Article 10 thereof will require the consent of the Holders of at least 66-2/3% in connection with a purchase principal amount of or tender offer or exchange offer for the Notes)Notes then outstanding. Without the consent of any HolderHolder of a Note, the Company and Indenture, the Trustee may amend or supplement the Indenture Notes or the Notes Collateral Documents may be amended or supplemented to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, to provide for uncertificated Notes in addition to or in place of certificated Notes, to add Subsidiary Guarantors make any change that would provide any additional rights or additional obligors with respect benefits to the Notes, to secure the Notes or the Subsidiary Guarantees, to add to the covenants of the Company for the benefit of the Holders of the Notes or to surrender any right or power conferred upon the Company, to make any change that does not materially and adversely affect the legal rights under the Indenture of any such Holder, to make any change to comply with any requirement the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act, to provide for the issuance of Additional Notes, to enter into additional or supplemental Collateral Documents, to comply with all applicable rules and regulations of the NIGC, the BIA or any governmental authority or to comply with the provisions of DTC, Euroclear or Clearstream or the Trustee with respect to the provisions of the Indenture or the Notes relating to the transfers and exchange of Notes or beneficial interests therein.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject Section 9.01 WITHOUT CONSENT OF HOLDERS OF NOTES. Notwithstanding Section 9.02 of this Indenture, the Company, the Guarantors and the Trustee may amend or supplement this Indenture, the Subsidiary Guarantees or the Notes without the consent of any Holder of a Note: (1) to certain exceptionscure any ambiguity, defect or inconsistency; (2) to provide for uncertificated Notes in addition to or in place of certificated Notes or to alter the provisions of Article 2 hereof (including the related definitions) in a manner that does not materially adversely affect any Holder; (3) to provide for the assumption of the Company's or a Guarantor's obligations to the Holders of the Notes by a successor to the Company pursuant to Article 5 or Article 11 hereof; (4) to allow any Subsidiary to guarantee the Notes (5) 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 hereunder of any Holder of the Note; or (6) to comply with requirements of the SEC in order to effect or maintain the qualification of this Indenture under the TIA. Upon the request of the Company accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental Indenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof, the Trustee will join with the Company and the Guarantors in the execution of any amended or supplemental Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee will not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise. Section 9.02 WITH CONSENT OF HOLDERS OF NOTES. Except as provided below in this Section 9.02, the Company and the Trustee may amend or supplement this Indenture (including, without limitation, Section 3.09, 4.10 and 4.15 hereof), the Indenture or Subsidiary Guarantees and the Notes with the consent of the Holders of at least a majority in principal amount of the Notes (including, without limitation, Additional Notes, if any) then outstanding Notes, voting as a single class (including including, without limitation, consents obtained in connection with a purchase of or tender offer or exchange offer for for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.07 of the Indenturehereof, any existing Default or Event of Default (except other than a continuing Default or Event of Default in the payment of principalthe principal of, premiumpremium or Liquidated Damages, if any, or interest on the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture, the Indenture Subsidiary Guarantees 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 then outstanding voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for for, or purchase of, the Notes). Without An amendment or supplement to, or waiver of, any of the provisions of Article 10 or any defined term used therein will become effective only as set forth in Section 10.14. Upon the request of the Company accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental Indenture, and upon the filing with the Trustee of evidence satisfactory to the Trustee of the consent of the Holders of Notes as aforesaid, and upon receipt by the Trustee of the documents described in Section 7.02 hereof, the Trustee will join with the Company in the execution of such amended or supplemental Indenture unless such amended or supplemental Indenture directly affects the Trustee's own rights, duties or immunities under this Indenture or otherwise, in which case the Trustee may in its discretion, but will not be obligated to, enter into such amended or supplemental Indenture. It is not be necessary for the consent of the Holders of Notes under this Section 9.02 to approve the particular form of any Holderproposed amendment or waiver, but it is sufficient if such consent approves the substance thereof. After an amendment, supplement or waiver under this Section 9.02 becomes effective, the Company will mail to the Holders of Notes affected thereby a notice briefly describing the amendment, supplement or waiver. Any failure of the Company to mail such notice, or any defect therein, will not, however, in any way impair or affect the validity of any such amended or supplemental Indenture or waiver. Subject to Sections 6.04 and 6.07 hereof, the Trustee Holders of a majority in aggregate principal amount of the Notes then outstanding voting as a single class may amend or supplement waive compliance in a particular instance by the Company with any provision of this Indenture or the Notes. However, without the consent of each Holder affected, an amendment or waiver under this Section 9.02 may not (with respect to any Notes to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption held by a successor corporation non-consenting Holder): (1) reduce the principal amount of Notes whose Holders must consent to an amendment, supplement or waiver; (2) reduce the obligations principal of or change the Company under fixed maturity of any Note or alter the Indenture, to provide for uncertificated Notes in addition to or in place of certificated Notes, to add Subsidiary Guarantors or additional obligors provisions with respect to the Notes, to secure redemption of the Notes except as provided above with respect to Sections 3.09, 4.10 and 4.15 hereof; (3) reduce the rate of or change the Subsidiary Guaranteestime for payment of interest, to add to on any Note; (4) waive a Default or Event of Default in the covenants payment of principal of, or interest or premium, or Liquidated Damages, if any, on the Notes (except a rescission of acceleration of the Company for the benefit of Notes by the Holders of at least a majority in aggregate principal amount of the Notes or to surrender and a waiver of the payment default that resulted from such acceleration); (5) make any right or power conferred upon Note payable in money other than that stated in the Company, to Notes; (6) make any change that does not materially and adversely affect in the legal provisions of this Indenture relating to waivers of past Defaults or the rights of Holders of Notes to receive payments of principal of, or interest or premium or Liquidated Damages, if any, on the Notes; (7) waive a redemption payment with respect to any Note (other than a payment required by one of the covenants described above under Sections 4.10 or 4.15); (8) release any Guarantor from any of its obligations under its Subsidiary Guarantee or this Indenture, except in accordance with the Indenture terms of any such Holder, to this Indenture; or (9) make any change to comply with any requirement of in Section 6.04 or 6.07 hereof or in the Commission in order to effect or maintain the qualification of the Indenture under the TIAforegoing amendment and waiver provisions.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes, Notes voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes)class, and, subject to Sections 6.04 and 6.07 of the Indenture, any existing Default or Event of Default (except a continuing Default or Event of Default in the payment of principal, premium, if any, or interest on the Notes) default or compliance with any provision of the 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 then outstanding voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes)class. Without the consent of any HolderHolder of a Note, the Company and the 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 of the obligations of the Company under the Indenture, to provide for uncertificated Notes in addition to or in place of certificated Notes, to add Subsidiary Guarantors or additional obligors with respect to provide for the Notes, to secure the Notes or the Subsidiary Guarantees, to add to the covenants assumption of the Company for the benefit of the Company’s obligations to Holders of the Notes in case of a merger or consolidation, to surrender comply with the rules of any right applicable securities depositary, to comply with applicable Gaming Laws, to the extent that such amendment or power conferred upon supplement is not materially adverse to the CompanyHolders of Notes, to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture including Section 4.09, to make any change that would provide any additional rights or benefits to the Holders of the Notes (including to provide for any guarantees of the Notes or any collateral securing the notes) or that does not materially and adversely affect the legal rights under the Indenture of any such Holder, to make any change to comply with any requirement the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the TIATrust 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.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptionsSECTION 9.01. WITHOUT CONSENT OF HOLDERS OF NOTES. Notwithstanding Section 9.02 of this Indenture, the Company and the Trustee may amend or supplement this Indenture, the Indenture Notes or the Notes with the consent of the Holders of a majority in principal amount of the then outstanding Notes, voting as a single class (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 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 or the Notes (except for certain covenants and provisions of the Indenture that cannot be amended Subsidiary Guarantees without the consent of each Holder) may be waived with the consent of the Holders any Holder of a majority in principal amount of the then outstanding Notes then outstanding voting as a single class Note: (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes). Without the consent of any Holder, the Company and the Trustee may amend or supplement the Indenture or the Notes a) to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, ; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes, Notes or to add Subsidiary Guarantors or additional obligors with respect alter the provisions of Article 2 hereof (including the related definitions) in a manner that does not materially adversely affect any Holder; (c) to provide for the assumption of the Company's obligations to the Notes, to secure Holders of the Notes or the Subsidiary Guarantees, to add by a successor to the covenants of the Company for the benefit of pursuant to Article Five hereof; (d) to make any change that would provide any additional rights or benefits to the Holders of the Notes or to surrender any right or power conferred upon the Company, to make any change that does not materially and adversely affect the legal rights under the Indenture hereunder of any such Holder, to make any change Holder of the Note; (e) to comply with any requirement requirements of the Commission SEC in order to effect or maintain the qualification of the this Indenture under the TIA; or (f) to allow any Guarantor to guarantee the Notes. Upon the request of the Company accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental Indenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof, the Trustee shall join with the Company in the execution of any amended or supplemental Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company and the Trustee may amend or supplement the Indenture 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 then outstanding NotesSecurities, voting as a single class (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 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) default or compliance with any provision of the Indenture or the Notes (except for certain covenants and provisions of the Indenture that cannot be amended without the consent of each Holder) Securities may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes then outstanding voting as a single class Securities (including consents obtained in connection with a purchase of of, or tender offer or exchange offer for for, the NotesSecurities). Without the consent of any HolderHolder of a Security, the Company and the Trustee may amend or supplement the Indenture or the Notes Securities may be amended or supplemented to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, to provide for uncertificated Notes Securities in addition to or in place of certificated NotesSecurities, to add Subsidiary Guarantors or additional obligors with respect to provide for the Notes, to secure the Notes or the Subsidiary Guarantees, to add to the covenants assumption of the Company for the benefit of the Issuer’s obligations to Holders of the Notes Securities in case of a merger or to surrender any right or power conferred upon the Companyconsolidation, to make any change that would provide any additional rights or benefits to the Holders of the Securities or that does not materially and adversely affect the legal rights under the Indenture of any such Holder, to make any change secure the Securities or to add additional guarantors), to comply with any requirement the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act or to conform the text of the Indenture or the Securities to any provision in the Prospectus, dated March 29, 2010, as supplemented by the Prospectus Supplement, dated November 17, 2011, with respect to the Securities, under the caption “Description of the Senior Notes,” to the extent that such provision was intended to be a verbatim recitation of the Indenture, the Subsidiary Guarantees or the Securities.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes, voting as a single class (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 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) default or compliance with any provision of the 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 then outstanding voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes). Without the consent of any HolderHolder of a Note, the Company and the 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 of the obligations of the Company under the Indenture, to provide for uncertificated Notes in addition to or in place of certificated Notes, to add Subsidiary Guarantors or additional obligors with respect provide for the assumption of the Company's obligations to Holders of the NotesNotes pursuant to Article 5 of the First Supplemental Indenture, to secure the Notes make any change that would provide any additional rights or the Subsidiary Guarantees, benefits to add to the covenants of the Company for the benefit of the Holders of the Notes or to surrender any right or power conferred upon the Company, to make any change that does not materially and adversely affect the legal rights under the Indenture of any such Holder, to make provided that any change to conform the Indenture to the Company's prospectus relating to the offering of the notes shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the First Supplemental Indenture or otherwise, to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, to comply with any requirement the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act, to evidence or provide for the acceptance of appointment under the Indenture of a successor Trustee, to add to, change or eliminate any provisions of the Indenture in respect of one or more other series of Securities or to establish the forms or terms of Securities of any other series as permitted by the Indenture.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company and Indenture, the Trustee may amend or supplement the Indenture Notes or the Notes Subsidiary Guarantees may be amended or supplemented with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes including Additional Notes, if any, voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes)class, and, subject to Sections 6.04 and 6.07 of the Indenture, any existing Default or Event of Default (except a continuing Default or Event of Default in the payment of principal, premium, if any, or interest on the Notes) or compliance with any provision of the Indenture or the Notes (except for certain covenants and provisions of or the Indenture that cannot be amended without the consent of each Holder) Subsidiary Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes then outstanding including Additional Notes, if any, voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes)class. Without the consent of any HolderHolder of Notes, the Company and Indenture, the Trustee may amend or supplement the Indenture Notes or the Notes Subsidiary Guarantees may be amended or supplemented: (i) to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, ; (ii) to provide for uncertificated Notes in addition to or in place of certificated Notes, ; (iii) to add provide for the assumption of an Issuer’s or a Guarantor’s obligations to Holders of the Notes and Subsidiary Guarantors Guarantees by a successor to such Issuer or additional obligors with respect such Guarantor pursuant to the Notes, Indenture; (iv) to secure the Notes make any change that would provide any additional rights or the Subsidiary Guarantees, benefits to add to the covenants of the Company for the benefit of the Holders of the Notes or to surrender any right or power conferred upon the Company, to make any change that does not materially and adversely affect the legal rights under the Indenture of any such Holder, to make provided that any change to comply with any requirement conform the Indenture to the Offering Memorandum will be deemed not to adversely affect such legal rights; (v) to secure the Notes or the Subsidiary Guarantees pursuant to the requirements of Section 4.06 of the Commission Indenture; (vi) to provide for the issuance of Additional Notes in order to effect or maintain the qualification accordance with Section 2.02 of the Indenture Indenture; (vii) to add any additional Guarantor or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture; or (viii) to evidence or provide for the acceptance of appointment under the TIAIndenture of a successor Trustee.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptionsthe following paragraphs, the Company Indenture and the Trustee Notes may amend be amended or supplement the Indenture or the Notes supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes, voting as a single class (including 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 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 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 aggregate principal amount of the then outstanding Notes then outstanding voting as a single class (including consents obtained in connection with a purchase Notes. Notwithstanding Section 9.2 of or tender offer or exchange offer for the Notes). Without Indenture, without the consent of any HolderHolders, the Company Company, the Guarantors, if any, and the Trustee upon receipt of an Officers’ Certificate of no material adverse effect to the Holders and an Opinion of Counsel, at any time and from time to time, may amend or supplement the Indenture or for any of the Notes following purposes: (1) to cure any ambiguity, omissionmistake, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, ; (2) to provide for uncertificated Notes in addition to or in place of certificated Notes; (3) to provide for the assumption by a Successor Company or a successor company of a Guarantor, to add Subsidiary Guarantors as applicable, of the Company’s or additional obligors with respect to such Guarantor’s obligations under the NotesIndenture, to secure the Notes or the Subsidiary Guarantees, to add to the covenants of the Company for the benefit of the Holders of the Notes or to surrender any right or power conferred upon the Company, Guarantee; (4) to make any change that would provide any additional rights or benefits to the Holders of Notes or that does not materially and adversely affect the legal rights under the Indenture of any such Holder, ; (5) to make any change secure the Notes; (6) to comply with any requirement requirements of the Commission in order to effect or maintain the qualification of the Indenture under the TIA, as amended; (7) to add a Guarantee of the Notes; (8) to release a Guarantor upon its sale or designation as an Unrestricted Subsidiary or other permitted release from its Guarantee; provided that such sale, designation or release is in accordance with the applicable provisions of the Indenture; or (9) to conform the text of the Indenture, Notes or Guarantees to any provision of the “Description of Notes” in the Offering Circular. With the consent of the Holders of not less than a majority in aggregate principal amount of the outstanding Notes, the Company, the Guarantors, if any, and the Trustee may amend or supplement the Indenture for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of the Indenture or the Notes or of modifying in any manner the rights of the Holders under the Indenture or the Notes, including the definitions herein; provided, however, that no such amendment or supplement shall, without the consent of the Holder of each outstanding Note affected thereby: (1) reduce the principal amount of Notes issued thereunder whose Holders must consent to an amendment, supplement or waiver; (2) reduce the principal of or change the fixed maturity of any Note or alter the provisions with respect to the redemption of such Notes issued thereunder (other than provisions relating to Sections 3.9, 4.10 and 4.14 except as set forth in item (10) below); (3) reduce the rate of or change the time for payment of interest on any Note issued thereunder; (4) waive a Default or Event of Default in the payment of principal of, or interest or premium, or Additional Interest, if any, on the Notes issued thereunder (except a rescission of acceleration of such Notes issued thereunder by the holders of at least a majority in aggregate principal amount of such Notes issued thereunder with respect to a nonpayment default and a waiver of the payment default that resulted from such acceleration); (5) make any Note payable in money other than that stated in the Notes; (6) make any change in the provisions of the Indenture relating to waivers of past Defaults or the rights of Holders of Notes to receive payments of principal of, or interest or premium or Additional Interest, if any, on such Notes issued thereunder or impair the right of any holder of Notes to institute suit for the enforcement of any payment on or with respect to such Holder’s Notes; (7) waive a redemption payment with respect to any Note issued thereunder (other than a payment required by Sections 3.9, 4.10 and 4.14 except as set forth in item (10) below); (8) make any change in the ranking, priority or subordination provisions of any Note that would adversely affect the Holders of such Notes; (9) modify the Guarantees in any manner adverse to the Holders of the Notes; (10) amend, change or modify in any material respect the obligation of the Company to make and consummate a Change of Control Offer in respect of a Change of Control that has occurred or make and consummate an Asset Sale Offer in respect of an Asset Sale that has been consummated after a requirement to make an Asset Sale Offer has arisen; or (11) make any change in the preceding amendment and waiver provisions. The Holders of not less than a majority in aggregate principal amount of the outstanding Notes may on behalf of the Holders of all the Notes waive any past Default under the Indenture and its consequences, except a Default: (1) in any payment in respect of the principal of (or premium, if any) or interest on any Notes (including any Note which is required to have been purchased pursuant to an Offer to Purchase which has been made by the Company), or (2) in respect of a covenant or provision hereof which under the Indenture cannot be modified or amended without the consent of the Holder of each outstanding Note affected. It shall not be necessary for the consent of the Holders of Notes under Section 9.2 of the Indenture to approve the particular form of any proposed amendment or waiver, but it shall be sufficient if such consent approves the substance thereof. After an amendment, supplement or waiver under Section 9.2 of the Indenture becomes effective, the Company shall mail to the Holders of Notes affected thereby a notice briefly describing the amendment, supplement or waiver. Any failure of the Company to mail such notice, or any defect therein, shall not, however, in any way impair or affect the validity of any such amended or supplemental Indenture or waiver.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company and Indenture, the Trustee may amend or supplement Notes, the Indenture Note Guarantees or the Notes Security Documents may be amended or supplemented 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 (including consents obtained subject, in connection with a purchase the case of or tender offer or exchange offer for the NotesSecurity Documents, to any further requirements in the Collateral Trust Agreement), and, subject to Sections 6.04 and 6.07 of the Indenture, any existing Default or Event of Default (except a continuing Default or Event of Default in the payment of principal, premium, if any, or interest on the Notes) or compliance with any provision of the Indenture Indenture, the Notes, the Note Guarantees or the Notes (except for certain covenants and provisions of the Indenture that cannot be amended without the consent of each Holder) Security Documents may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes then outstanding and Additional Notes, if any, voting as a single class (including consents obtained subject, in connection with a purchase the case of or tender offer or exchange offer for the NotesSecurity Documents, to any further requirements in the Collateral Trust Agreement). Without the consent of any HolderHolder of Notes, the Company and Indenture, the Trustee may amend or supplement Notes, the Indenture Note Guarantees or the Notes Security Documents may be amended or supplemented (subject, in the case of the Security Documents, to any further requirements in the Collateral Trust Agreement): (i) to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, ; (ii) to provide for uncertificated Notes in addition to or in place of certificated Notes, ; (iii) to add Subsidiary Guarantors or additional obligors with respect to the Notes, to secure the Notes or the Subsidiary Guarantees, to add to the covenants of the Company provide for the benefit assumption of the an Issuer’s or a Guarantor’s obligations to Holders of Notes and Note Guarantees in the Notes case of a merger or to surrender any right consolidation or power conferred upon the Companysale of all or substantially all of such Issuer’s or Guarantor’s properties or assets, as applicable; (iv) to make any change that would provide any additional rights or benefits to the Holders of Notes or that does not materially and adversely affect the legal rights under the Indenture of any Holder; (v) to conform the text of the Indenture, the Notes, the relevant Security Documents or the Note Guarantees to any provision of the “Description of the New Second Lien Notes” section of the Issuers’ Offering Memorandum dated April 17, 2020, to the extent that such Holderprovision in that “Description of the New Second Lien Notes” was intended to be a verbatim recitation of a provision of the Indenture, the Notes, the relevant Security Documents or the Note Guarantees; (vi) to provide for the issuance of Additional Notes and related Note Guarantees (and the grant of security for the benefit of the Additional Notes and related Note Guarantees) or PIK Notes or to increase the outstanding principal amount of the Notes, in each case in accordance with the limitations set forth in the Indenture; (vii) to add any additional Guarantor or to evidence the release of any Guarantor from its Note Guarantee, in each case as provided in the Indenture; (viii) to evidence or provide for the acceptance of appointment under the Indenture of a successor Trustee or evidence and provide for a successor or replacement Collateral Trustee under the Security Documents; (ix) to make, complete or confirm any grant of Collateral permitted or required by the Indenture or any of the Security Documents or any release of Collateral or discharge or termination of any Lien on Collateral that becomes effective as set forth in the Indenture or any of the Security Documents; (x) to add additional secured parties to the extent Liens securing obligations held by such parties are permitted under the Indenture or any of the Security Documents; (xi) to mortgage, pledge, hypothecate or grant a security interest for the benefit of the Trustee and the Holders of the Notes as additional security for the payment and performance of the Issuers’ and any Guarantor’s obligations under this Indenture, in any property, or assets, including any of which are required to be mortgaged, pledged or hypothecated, or in which a security interest is required to be granted to the Trustee or the Collateral Trustee in accordance with the terms of this Indenture or otherwise; (xii) to provide for the succession of any parties to the Security Documents (and other amendments that are administrative or ministerial in nature) in connection with an amendment, renewal, extension, substitution, refinancing, restructuring, replacement, supplementing or other modification from time to time of any agreement in accordance with the terms of this Indenture and the relevant Security Document; (xiii) with respect to the Security Documents, as provided in the Collateral Trust Agreement; (xiv) to make any change not adverse to comply with any requirement the Holders of the Commission Notes in order to effect facilitate entry into the ABL Documents, Priority Lien Documents or maintain other Junior Lien Documents; (xv) in the qualification event that any PIK Notes are issued as Definitive Notes, to make appropriate amendments to reflect an appropriate minimum denomination of certificated PIK Notes and establish minimum redemption amounts for certificated PIK Notes; and (xvi) in the event of an issuance of MFN Debt, to increase the interest rate or provide for earlier final maturity or required payments of principal pursuant to Section 4.09(d) of the Indenture under the TIAIndenture.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptionsthe following paragraphs and the provisions of the Indenture, the Company Indenture, the Notes and the Trustee Subsidiary Guarantees may amend be amended or supplement the Indenture or the Notes supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the Notes then outstanding Notes(including, voting as a single class (including without limitation, consents obtained in connection with a purchase of of, or tender offer or exchange offer for the for, Notes), and, subject to Sections 6.04 and 6.07 of the Indenture, any existing Default or Event of Default (except a continuing Default or Event of Default in the payment of principal, premium, if any, or interest on the Notes) default or compliance with any provision of the Indenture or Indenture, the Notes (except for certain covenants and provisions of the Indenture that cannot be amended without the consent of each Holder) Subsidiary Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes then outstanding voting as a single class (including consents obtained in connection with a purchase of of, or a tender offer or exchange offer for the for, Notes). Any amendment to the provisions of Article 10 or 12 shall require the consent of the Holders of at least 75% in aggregate principal amount of Notes then outstanding if such amendment would adversely affect the rights of the Holders of Notes. Without the consent of any HolderHolder of Notes, the Company Company, the Guarantors and the Trustee may amend or supplement the Indenture Indenture, the Notes or the Notes Subsidiary Guarantees to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, to provide for uncertificated Notes in addition to or in place of certificated Notes, to add Subsidiary Guarantors or additional obligors with respect to provide for the Notes, to secure the Notes or the Subsidiary Guarantees, to add to the covenants assumption of the Company for the benefit of the Company's or a Guarantor's obligations to Holders of Notes in the Notes case of a merger or to surrender any right or power conferred upon the Companyconsolidation, to make any change that would provide any additional rights or benefits to the Holders of Notes or that does not materially and adversely affect the legal rights under the Indenture of any such Holder, to make any change to comply with any requirement requirements of the Commission in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act or to allow any Subsidiary to guarantee the Notes.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptionsSection 9.01 WITHOUT CONSENT OF HOLDERS OF NOTES. Notwithstanding Section 9.02 of this Indenture, the Company Company, the Guarantors and the Trustee may amend or supplement this Indenture, the Indenture Note Guarantees or the Notes with the consent of the Holders of a majority in principal amount of the then outstanding Notes, voting as a single class (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 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 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 any Holder of a majority in principal amount of the then outstanding Notes then outstanding voting as a single class Note: (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes). Without the consent of any Holder, the Company and the Trustee may amend or supplement the Indenture or the Notes 1) to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, ; (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, ; (3) to add Subsidiary Guarantors or additional obligors with respect provide for the assumption of the Company's obligations to the Notes, to secure Holders of the Notes or the Subsidiary Guarantees, to add by a successor to the covenants of the Company for the benefit of pursuant to Article 5 hereof; (4) to make any change that would provide any additional rights or benefits to the Holders of the Notes or to surrender any right or power conferred upon the Company, to make any change that does not materially and adversely affect the legal rights under the Indenture hereunder of any such Holder, to make any change Holder of the Note; (5) to comply with any requirement requirements of the Commission SEC in order to effect or maintain the qualification of the this Indenture under the TIA; (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in this Indenture as of the date hereof; or (7) to allow any Guarantor to execute a supplemental indenture and/or a Note Guarantee with respect to the Notes. Upon the request of the Company accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental Indenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof, the Trustee will join with the Company and the Guarantors in the execution of any amended or supplemental Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee will not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes, voting as a single class (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 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) default or compliance with any provision of the 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 then outstanding voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes). Without the consent of any HolderHolder of a Note, the Company and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to add Subsidiary Guarantors provide for the assumption of an Issuer’s obligations to Holders of the Notes pursuant to Article Five of the Fifteenth Supplemental Indenture, (4) to make any change that would provide any additional rights or additional obligors with respect benefits to the Holders of the Notes or that does not adversely affect the legal rights of any Holder of the Notes, (5) to secure the Notes or the Subsidiary GuaranteesGuarantees pursuant to Section 4.12 of the Fifteenth Supplemental Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Fifteenth Supplemental Indenture, (7) to add any additional Guarantor with respect to the covenants of the Company for the benefit of the Holders of the Notes or to surrender any right or power conferred upon evidence the Company, to make any change that does not materially and adversely affect the legal rights under the Indenture release of any such HolderGuarantor from its Subsidiary Guarantee, to make any change in each case as provided in the Fifteenth Supplemental Indenture, (8) to comply with any requirement the requirements of the Commission SEC in order to effect or maintain the qualification of the Fifteenth Supplemental Indenture and the Base Indenture (as it relates to the Notes) with respect to the Notes under the TIATrust Indenture Act, (9) to evidence or provide for the acceptance of appointment under the Indenture of a successor Trustee, (10) to provide for the reorganization of the Company as any other form of entity in accordance with Section 5.01(c) of the Fifteenth Supplemental Indenture or (11) to conform the text of the Base Indenture (as it relates to the Notes), the Fifteenth Supplemental Indenture or the Notes to any provision of the section entitled “Description of Notes” in the prospectus supplement relating to the Notes dated December 10, 2020.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company Indenture or the Notes 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, and the Trustee may amend any existing default or supplement compliance with any provision of the Indenture or the Notes may be waived with the written consent of the Holders of a majority in principal amount of the then outstanding Notes, voting as a single class (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 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 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 then outstanding voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes). Without the consent of any HolderHolder of a Note, the Company and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to add Subsidiary Guarantors or additional obligors with respect provide for the assumption of an Issuer’s obligations to the Notes, to secure Holders of the Notes or the Subsidiary Guarantees, pursuant to add to the covenants Section 5 of the Company for the benefit of First Supplemental Indenture, (4) to make any change that would provide any additional rights or benefits to the Holders of the Notes or to surrender any right or power conferred upon the Company, to make any change that does not materially and adversely affect the legal rights under the Indenture of any such Holder, to make provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the First Supplemental Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Subsidiary Guarantor with respect to the Notes or to evidence the release of any Subsidiary Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with any requirement the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the TIA, (9) to evidence or provide for the acceptance of appointment under the Indenture of a successor Trustee or (10) to conform the text of the Indenture, the Subsidiary Guarantees or the Notes to any provision described in the “Description of Notes” contained in the Offering Memorandum.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company Fiscal Agency Agreement and the Trustee Securities may amend be amended or supplement the Indenture or the Notes supplemented with the consent of the Holders of at least a majority in principal amount of the Securities then outstanding Notesoutstanding, voting as a single class (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 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 Fiscal Agency Agreement or the Notes (except for certain covenants and provisions of the Indenture that cannot be amended without the consent of each Holder) Securities may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes then outstanding voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes)Securities. Without notice to or the consent of any HolderHolder of a Security, the Company and the Trustee may amend or supplement the Indenture Fiscal Agency Agreement or the Notes Securities may be amended or supplemented to cure any ambiguity, omission, defect or inconsistency, to provide for comply with the assumption by a successor corporation of covenants contained in the obligations of the Company under the IndentureFiscal Agency Agreement, to provide for uncertificated Notes Securities in addition to or in place of certificated Notes, to add Subsidiary Guarantors or additional obligors with respect to the Notes, to secure the Notes or the Subsidiary GuaranteesSecurities, to add to the covenants of the Company or to add any additional Events of Default for the benefit of all the Holders Securities, to add to or change any of the Notes provisions of the Fiscal Agency Agreement to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to surrender principal, and/or coupon form, registrable or not registrable as to principal, and to provide for exchangeability of such Securities with Securities issued hereunder in fully registered form, to add to or change any right provisions of the Fiscal Agency Agreement as shall be necessary to provide for or power conferred upon facilitate the Companyadministration of the trusts thereunder by more than one Fiscal Agent, to issue Additional Securities pursuant to the Fiscal Agency Agreement, or to make any change that does not materially and adversely affect the legal rights under the Indenture of any such Holder, to make any change to comply with any requirement Holder of the Commission in order to effect or maintain Securities; provided that none of such changes shall adversely affect the qualification rights of any Holder of the Indenture under the TIASecurities.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company and Indenture, the Trustee may amend or supplement the Indenture Securities Guarantee or the 2023 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, Outstanding Securities affected by such amendment or supplemental indenture voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes)class, and, subject to Sections 6.04 and 6.07 of the Indenture, any existing Default or Event of Default (except a continuing Default or Event of Default in the payment of principal, premium, if any, or interest on the Notes) or compliance with any provision of the Indenture Indenture, the Securities Guarantee or the 2023 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 then outstanding Outstanding Securities affected thereby voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes)class. Without the consent of any HolderHolder of a 2023 Note, the Company and Indenture, the Trustee may amend or supplement the Indenture Securities Guarantee or the 2023 Notes to may be amended or supplemented to, among other things, cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, ; to provide for uncertificated 2023 Notes in addition to or in place of certificated 2023 Notes, ; to provide for the assumption of the Issuer’s obligations to Holders of 2023 Notes in the case of a merger or consolidation or sale of all or substantially all of the Issuer’s assets; add Subsidiary Guarantors or additional obligors Guarantees with respect to the 2023 Notes, to ; secure the Notes 2023 Notes; to make any other change that would provide any additional rights or the Subsidiary Guarantees, benefits to add to the covenants of the Company for the benefit of the Holders of the 2023 Notes or to surrender any right or power conferred upon the Company, to make any change that does not materially and adversely affect the legal rights under the Indenture of any such Holder, to make any change ; or to comply with any requirement requirements of the Commission in order to effect or maintain the qualification of the applicable Indenture under the TIATrust Indenture Act.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptionsthe following paragraphs, the Company Indenture, the Notes and the Trustee Subsidiary Guarantees may amend be amended or supplement the Indenture or the Notes supplemented with the consent of the Holders of at least a majority in principal amount of the Notes then outstanding Notes(including, voting as a single class (including without limitation, consents obtained in connection with a purchase of or or, tender offer or exchange offer for the Notes), and, subject to Sections 6.04 and 6.07 of the Indenture, any existing Default or Event of Default (except a continuing Default or Event of Default in the payment of principal, premium, if any, or interest on the Notes) or compliance with any provision of the Indenture Indenture, the Notes or the Notes (except for certain covenants and provisions of the Indenture that cannot be amended without the consent of each Holder) Subsidiary Guarantees may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes then outstanding voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes). Without the consent of any HolderHolder of Notes, the Company and the Trustee may amend or supplement the Indenture Indenture, the Subsidiary Guarantees or the Notes to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, to provide for uncertificated Notes in addition to or in place of certificated Notes, to add Subsidiary Guarantors or additional obligors with respect to provide for the Notes, to secure the Notes or the Subsidiary Guarantees, to add to the covenants assumption of the Company for the benefit of the Company's or a Subsidiary Guarantor's obligations to Holders of Notes in the Notes case of a merger, consolidation or to surrender any right or power conferred upon the Companysale of assets, to make any change that would provide any additional rights or benefits to the Holders of Notes or that does not materially and adversely affect the legal rights under the Indenture of any such Holder, to make any change or to comply with any requirement the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act. Any amendments with respect to subordination provisions of the Notes or the Subsidiary Guarantees would require the consent of the Holders of at least 75% in aggregate amount of Notes then outstanding if such amendment would adversely affect the rights of the Holders of Notes.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptionsthe following paragraphs, the Company Indenture, the Notes and the Trustee Subsidiary Guarantees may amend be amended or supplement the Indenture or the Notes supplemented with the consent of the Holders of at least a majority in principal amount of the Notes then outstanding Notes, voting as a single class (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 or Event of Default (except other than a continuing Default or Event of Default in the payment of principalthe principal of, premium, if any, interest or interest Liquidated Damages, if any, on the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of the Indenture Indenture, the Notes or the Notes (except for certain covenants and provisions of the Indenture that cannot be amended without the consent of each Holder) Subsidiary Guarantees may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes then outstanding voting as a single class (including consents obtained in connection with a purchase tender offer or exchange offer for Notes). Notwithstanding the foregoing, the provisions with respect to Asset Sales may be amended or supplemented with the consent of or the Holders of at least two-thirds in principal amount of the Notes then outstanding (including consents obtained in connection with a tender offer or exchange offer for the Notes). In addition, any amendment to the provisions of Article 10 and Article 12 of the Indenture (which relate to subordination) will require the consent of the Holders of at least 75% in aggregate amount of Notes then outstanding (including consents obtained in connection with a tender offer or exchange offer for the Notes) if such amendment would adversely affect the rights of Holders of Notes. Without obtaining any necessary consents under the Credit Facility, the Company A-7 116 may not amend or supplement the subordination provisions with respect to the Notes. Without the consent of each Holder affected, however, an amendment or waiver may not (with respect to any Note held by a non-consenting Holder): (i) reduce the principal amount of Notes; (ii) reduce the principal of or change the fixed maturity of any Note or alter the provisions with respect to the redemption of the Notes or any Change of Control Offer; (iii) reduce the rate of or change the time for payment of interest or Liquidated Damages, if any, on any Notes; (iv) waive a Default or Event of Default in the payment of principal of or premium, if any, or interest or Liquidated Damages, if any, on the Notes (except a rescission of acceleration of the Notes by the Holders of at least a majority in aggregate principal amount of the Notes and a waiver of the payment default that resulted from such acceleration); (v) make any Note payable in money other than that stated in the Notes; (vi) waive a redemption or repurchase payment with respect to any Note; or (vii) make any change in the foregoing amendment and waiver provisions. Without the consent of any HolderHolder of Notes, the Company Company, the Guaranteeing Subsidiaries and the Trustee may amend or supplement the Indenture Indenture, the Subsidiary Guarantees or the Notes to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, to provide for uncertificated Notes in addition to or in place of certificated Notes, to add Subsidiary Guarantors provide for the assumption of the Company's or additional obligors with respect a Guaranteeing Subsidiary's obligations to Holders of the NotesNotes in case of a merger, transfer of assets or consolidation, to secure the Notes make any change that would provide any additional rights or the Subsidiary Guarantees, benefits to add to the covenants of the Company for the benefit of the Holders of the Notes or to surrender any right or power conferred upon the Company, to make any change that does not materially and adversely affect the legal rights under the Indenture of any such Holder, to make any change to comply with any requirement the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the TIATIA or to allow any Guaranteeing Subsidiary to guarantee the Notes.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the Notes then outstanding Notes(including, voting as a single class (including without limitation, consents obtained in connection with a purchase of of, or tender offer or exchange offer for the for, Notes), and, subject to Sections 6.04 and 6.07 of the Indenture, any existing Default or Event of Default (except a continuing Default or Event of Default in the payment of principal, premium, if any, or interest on the Notes) default or compliance with any provision of the 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 then outstanding voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes). Without the consent of any Holderthe Holders of at least 66 2/3% in aggregate principal amount of the Notes then outstanding, an amendment or waiver may not affect the Company Liens in favor of the Trustee and the Trustee may amend Holders created under the Collateral Documents in a manner adverse to the Holders (other than pursuant to the release of Collateral in accordance with the provisions of the Indenture and of the applicable Collateral Documents) or supplement release all or any material portion of the Collateral. Without the consent of any Holder of a Note, 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 of the obligations of the Company under the Indenture, to provide for uncertificated Notes in addition to or in place of certificated Notes, to add Subsidiary Guarantors provide for the assumption of the Company's obligations to Holders of the Notes in case of a merger or additional obligors with respect to the Notesconsolidation, to secure the Notes make any change that would provide any additional rights or the Subsidiary Guarantees, benefits to add to the covenants of the Company for the benefit of the Holders of the Notes or to surrender any right or power conferred upon the Company, to make any change that does not materially and adversely affect the legal rights under the Indenture of any such Holder, to make any change to comply with any requirement the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act, to provide for the issuance of additional notes in accordance with the limitations set forth in the Indenture or to provide for additional Subordinated Guarantors.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptionsSection 9.01 Without Consent of Holders of Notes. Notwithstanding Section 9.02 of this Indenture, the Company Company, the Guarantors and the Trustee may amend or supplement this Indenture, the Indenture Note Guarantees or the Notes with the consent of the Holders of a majority in principal amount of the then outstanding Notes, voting as a single class (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 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 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 any Holder of a majority in principal amount of the then outstanding Notes then outstanding voting as a single class Note: (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes). Without the consent of any Holder, the Company and the Trustee may amend or supplement the Indenture or the Notes 1) to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, ; (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, Notes or to add Subsidiary Guarantors alter the provisions of Article 2 hereof (including the related definitions) in a manner that does not materially adversely affect any Holder; (3) to provide for the assumption of the Company's or additional obligors with respect a Guarantor's obligations to the Notes, to secure Holders of the Notes or the Subsidiary Guarantees, to add by a successor to the covenants of the Company for the benefit of pursuant to Article 5 hereof; (4) to make any change that would provide any additional rights or benefits to the Holders of the Notes or to surrender any right or power conferred upon the Company, to make any change that does not materially and adversely affect the legal rights under the Indenture hereunder of any such Holder, to make any change Holder of the Note; (5) to comply with any requirement requirements of the Commission SEC in order to effect or maintain the qualification of the this Indenture under the TIA; (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in this Indenture as of the date hereof; or (7) to allow any Guarantor to execute a supplemental indenture and/or a Note Guarantee with respect to the Notes. Upon the request of the Company accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental Indenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof, the Trustee will join with the Company and the Guarantors in the execution of any amended or supplemental Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee will not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company and Indenture, the Trustee may amend or supplement the Indenture Debentures or the Notes Debenture 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, Debentures voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes)class, and, subject to Sections 6.04 and 6.07 of the Indenture, any existing Default or Event of Default (except a continuing Default or Event of Default in the payment of principal, premium, if any, or interest on the Notes) default or compliance with any provision of the Indenture Indenture, the Debentures or the Notes (except for certain covenants and provisions of the Indenture that cannot be amended without the consent of each Holder) Debenture Guarantee may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes then outstanding Debentures voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes)class. Without the consent of any HolderHolder of a Debenture, the Company and Indenture, the Trustee may amend or supplement the Indenture Debentures or the Notes Debenture Guarantee may be amended or supplemented to cure any ambiguity, omission, defect or inconsistencyinconsistency in a manner that does not adversely affect the interests of the Holders, to provide for the assumption by a successor corporation of the obligations of the Company Trustee under the Indenture, to provide for uncertificated Notes in addition to or in place the assumption of certificated Notes, to add Subsidiary Guarantors or additional obligors with respect to the Notes, to secure the Notes Company's or the Subsidiary Guarantees, Guarantor's obligations to add to the covenants of the Company for the benefit of the Holders of the Notes or Debentures by a successor to surrender any right or power conferred upon the CompanyCompany in accordance with the provisions in the Indenture, to make any change that does not materially and adversely affect would provide any additional rights or benefits to any or all of the legal rights under Holders of the Indenture of any such HolderDebentures, to make any change to comply with any requirement requirements of the Commission SEC in order to effect or maintain the qualification of the this Indenture under the TIA, to secure the Debentures, to increase the Conversion Rate or reduce the Conversion Price, provided that the increase or reduction, as the case may be, is in accordance with the terms of this Indenture or will not adversely affect the interests of the Holders of the Debentures, or to conform the text of the Indenture, the Debentures or the Debenture Guarantee to any provision that was meant to be a verbatim description thereof as originally communicated to investors.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes, voting as a single class (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 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) default or compliance with any provision of the 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 then outstanding voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes). Without the consent of any HolderHolder of a Note, the Company and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to add Subsidiary Guarantors or additional obligors with respect provide for the assumption of an Issuer’s obligations to the Notes, to secure Holders of the Notes or the Subsidiary Guarantees, pursuant to add to the covenants Article 5 of the Company for the benefit of Indenture, (4) to make any change that would provide any additional rights or benefits to the Holders of the Notes or to surrender any right or power conferred upon the Company, to make any change that does not materially and adversely affect the legal rights under the Indenture of any such Holder, to make provided that any change to conform the Indenture to the Offering Memorandum shall be deemed not to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with any requirement the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act or (9) to evidence or provide for the acceptance of appointment under the Indenture of a successor Trustee.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes, voting as a single class (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 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) default or compliance with any provision of the 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 then outstanding voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes). Without the consent of any HolderHolder of a Note, the Company and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to add Subsidiary Guarantors provide for the assumption of an Issuer’s obligations to Holders of the Notes pursuant to Article Five of the Eighth Supplemental Indenture, (4) to make any change that would provide any additional rights or additional obligors with respect benefits to the Holders of the Notes or that does not adversely affect the legal rights of any Holder of the Notes, (5) to secure the Notes or the Subsidiary GuaranteesGuarantees pursuant to Section 4.12 of the Eighth Supplemental Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Eighth Supplemental Indenture, (7) to add any additional Guarantor with respect to the covenants of the Company for the benefit of the Holders of the Notes or to surrender any right or power conferred upon evidence the Company, to make any change that does not materially and adversely affect the legal rights under the Indenture release of any such HolderGuarantor from its Subsidiary Guarantee, to make any change in each case as provided in the Eighth Supplemental Indenture, (8) to comply with any requirement the requirements of the Commission SEC in order to effect or maintain the qualification of the Eighth Supplemental Indenture and the Base Indenture (as it relates to the Notes) with respect to the Notes under the TIATrust Indenture Act, (9) to evidence or provide for the acceptance of appointment under the Indenture of a successor Trustee, (10) to provide for the reorganization of the Company as any other form of entity in accordance with Section 5.01(c) of the Eighth Supplemental Indenture or (11) to conform the text of the Base Indenture (as it relates to the Notes), the Eighth Supplemental Indenture or the Notes to any provision of the section entitled “Description of Notes” in the prospectus supplement relating to the Notes dated August 7, 2017.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company and Indenture, the Trustee may amend or supplement the Indenture Notes or the Notes Subsidiary Guarantees may be amended or supplemented with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes, including Additional Notes, if any, voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes)class, and, subject to Sections 6.04 and 6.07 of the Indenture, any existing Default or Event of Default (except a continuing Default or Event of Default in the payment of principal, premium, if any, or interest on the Notes) or compliance with any provision of the Indenture or the Notes (except for certain covenants and provisions of or the Indenture that cannot be amended without the consent of each Holder) Subsidiary Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes then outstanding Notes, including Additional Notes, if any, voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes)class. Without the consent of any HolderHolder of Notes, the Company and Indenture, the Trustee may amend or supplement the Indenture Notes or the Notes Subsidiary Guarantees may be amended or supplemented: (i) to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, ; (ii) to provide for uncertificated Notes in addition to or in place of certificated Notes, ; (iii) to add provide for the assumption of an Issuer’s or a Guarantor’s obligations to Holders of the Notes and Subsidiary Guarantors Guarantees by a successor to such Issuer or additional obligors with respect such Guarantor pursuant to the Notes, Indenture; (iv) to secure the Notes make any change that would provide any additional rights or the Subsidiary Guarantees, benefits to add to the covenants of the Company for the benefit of the Holders of the Notes or to surrender any right or power conferred upon the Company, to make any change that does not materially and adversely affect the legal rights under the Indenture of any such Holder, to make provided that any change to conform the Indenture or the Notes to the Offering Memorandum will be deemed not to adversely affect such legal rights; (v) to secure the Notes or the Subsidiary Guarantees pursuant to the requirements of Section 4.12 of the Indenture; (vi) to provide for the issuance of Additional Notes in accordance with Section 2.02 of the Indenture; (vii) to add any additional Guarantor or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture; (viii) to evidence or provide for the acceptance of appointment under the Indenture of a successor Trustee; (ix) to release Liens securing the Notes in accordance with the last paragraph of Section 4.12 of the Indenture or to confirm and evidence such release or the termination or discharge of any such Lien; or (x) to comply with any requirement the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the TIA.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company Indenture, the Notes and the Trustee Note Guarantees may amend be amended or supplement the Indenture or the Notes supplemented with the consent of the Majority Holders of a majority in principal amount of the then outstanding Notes, voting as a single class (including including, without limitation, consents obtained in connection with a purchase of of, or tender offer or exchange offer for the for, Notes), ) and, subject to Sections 6.04 6.05 and 6.07 6.08 of the Indenture, any existing Default or Event of Default (except a continuing Default or Event of Default in the payment of principal, premium, if any, or interest on the Notes) or compliance with any provision of the Indenture Indenture, the Notes or the Notes (except for certain covenants and provisions of the Indenture that cannot be amended without the consent of each Holder) Note Guarantees may be waived with the consent of the Majority Holders of a majority in principal amount of the then outstanding Notes then outstanding (including, without limitation, Additional Notes, if any) voting as a single class (including including, without limitation, consents obtained in connection with a purchase of of, or tender offer or exchange offer for for, the Notes). Without the consent of any HolderHolder of Notes, the Company and the Trustee may amend or supplement the Indenture or the Notes to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, the Notes or the Note Guarantees may be amended or supplemented to correct or supplement any provision in the Indenture, the Notes, the Note Guarantees or the other Financing Documents or in any amendment thereto that may be defective or inconsistent with any other provision of the Indenture, the Notes, the Note Guarantees or the other Financing Documents or any amendment to such documents; (i) to make any modification with regard to ambiguities, inconsistencies, errors, matters or questions that will not adversely affect in any material respect the interests of the Holders (including, without limitation, any changes to give effect to mechanical, logistical or administrative provisions thereof); (ii) to provide for uncertificated Notes in addition to or in place of certificated Notes, to add Subsidiary Guarantors or additional obligors with respect to Certificated Notes (provided that the Notes, to secure the uncertificated Notes or the Subsidiary Guarantees, to add to the covenants are issued in registered form for purposes of Section 163(f) of the Company for the benefit of the Holders of the Notes or to surrender any right or power conferred upon the Company, Code); (iii) to make any change that would provide any additional rights or benefits to the Holders or that does not materially and adversely affect the legal rights under the Indenture of any such Holder, Holder in any material respect; (iv) to make any change to comply with any requirement conform the text of the Commission Indenture, the Note Guarantees or the Notes to any provision of the “Description of the Notes” section of the Offering Memorandum to the extent that such provision in the “Description of the Notes” section of the Offering Memorandum was intended to be a verbatim recitation of a provision of the Indenture, the Note Guarantees, the Notes and the other Financing Documents; (v) to release any Note Guarantee or any portion of the Collateral in accordance with the terms of the Indenture; (vi) to allow a Guarantor to provide a Note Guarantee with respect to the Notes; (vii) to amend any Financing Document in order to effect accommodate a Replacement Material Contract if at any time the relevant Material Contract is terminated; or maintain (viii) to evidence and provide the qualification acceptance of the appointment of a successor Indenture Trustee or a successor agent under the TIAIndenture.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented with the consent of the Holders of a majority in principal amount of the then outstanding Notes, voting as a single class (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 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) default or compliance with any provision of the 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 then outstanding voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes). Without the consent of any HolderHolder of a Note, the Company and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to add Subsidiary Guarantors or additional obligors with respect provide for the assumption of an Issuer’s obligations to the Notes, Holders of Notes pursuant to secure the Notes or the Subsidiary Guarantees, to add to the covenants Article 5 of the Company for the benefit of the Holders of the Notes or to surrender any right or power conferred upon the CompanyIndenture, (4) to make any change that would provide any additional rights or benefits to the Holders of Notes or that does not materially and adversely affect the legal rights under the Indenture of any such Holder, (5) to make secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any change additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with any requirement the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act, (9) to provide for the reorganization of the Company as any other form of entity in accordance with the second paragraph of Section 5.01 of the Indenture or (10) to evidence or provide for the acceptance of appointment under the Indenture of a successor Trustee.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptionsSECTION 9.01. WITHOUT CONSENT OF HOLDERS OF THE NOTES. Notwithstanding Section 9.02 hereof, without the consent of any Holder of Notes, the Company Company, the Guarantors and the Trustee may amend or supplement this Indenture, the Indenture Note Guarantees or the Notes with the consent of the Holders of a majority in principal amount of the then outstanding Notes, voting as a single class (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 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 or the Notes Security Documents: (except for certain covenants and provisions of the Indenture that cannot be amended without the consent of each Holdera) may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes then outstanding voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes). Without the consent of any Holder, the Company and the Trustee may amend or supplement the Indenture or the Notes to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, ; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes, ; (c) to add Subsidiary Guarantors or additional obligors with respect provide for the assumption of the Company's obligations to the Notes, to secure Holders of the Notes in the case of a merger, consolidation or the Subsidiary Guarantees, to add to the covenants sale of all of the Company for the benefit of Company's assets pursuant to Article 5 hereof; (d) to make any change that would provide any additional rights or benefits to the Holders of the Notes or to surrender any right or power conferred upon the Company, to make any change that does not materially and adversely affect the legal rights under the Indenture hereunder of any such Holder, to make any change ; (e) to comply with any requirement requirements of the Commission in order to effect or maintain the qualification of the this Indenture under the TIA; (f) to add any Guarantor; or (g) to add any additional assets as Collateral. Upon the request of the Company accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental Indenture, and upon receipt by the Trustee of the documents described in Section 9.06 hereof, the Trustee shall join with the Company and the Guarantors in the execution of any amended or supplemental Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes, voting as a single class (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 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) default or compliance with any provision of the 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 then outstanding voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes). Without the consent of any HolderHolder of a Note, the Company and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to add Subsidiary Guarantors or additional obligors with respect provide for the assumption of the Company’s obligations to the Notes, to secure Holders of the Notes or the Subsidiary Guarantees, pursuant to add to the covenants Article 5 of the Company for the benefit of Indenture, (4) to make any change that would provide any additional rights or benefits to the Holders of the Notes or to surrender any right or power conferred upon the Company, to make any change that does not materially and adversely affect the legal rights under the Indenture of any such Holder, to make provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with any requirement the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act or (9) to evidence or provide for the acceptance of appointment under the Indenture of a successor Trustee.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes, voting as a single class (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 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) default or compliance with any provision of the 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 then outstanding voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes). Without the consent of any HolderHolder of a Note, the Company and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to add Subsidiary Guarantors or additional obligors with respect to provide for the Notes, to secure the Notes or the Subsidiary Guarantees, to add to the covenants assumption of the Company for the benefit of the Company’s or any Subsidiary Guarantor’s obligations to Holders of the Notes or pursuant to surrender Article 5 of the Indenture, including the addition of any right or power conferred upon required co-issuer of the CompanyNotes, (4) to make any change that would provide any additional rights or benefits to the Holders of Notes or that does not materially and adversely affect the legal rights under the Indenture of any such Holder, to make provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect such legal rights, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Subsidiary Guarantor or to evidence the release of any Subsidiary Guarantor from its Subsidiary Guarantee or to add the guarantee of the Company’s parent entity or to evidence the release of such entity’s guarantee, in each case as provided in the Indenture, (8) to comply with any requirement requirements of the Commission in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act, (9) to provide for the reorganization of the Company as any other form of entity in accordance with the second paragraph of Section 5.01 of the Indenture, (10) to evidence or provide for the acceptance of appointment under the Indenture of a successor Trustee or (11) to conform the text of the Indenture or the Notes to any provision of the “Description of Notes” in the Offering Memorandum to the extent that such provision in the “Description of Notes” was intended to be a substantially verbatim recitation of a provision of the Indenture, the Subsidiary Guarantees or the Notes. However, without the consent of each Holder affected, an amendment, supplement or waiver to or under the Indenture or any Note may not (with respect to any Notes held by a non-consenting holder) (a) reduce the principal amount of Notes whose Holders must consent to an amendment, supplement or waiver; (b) reduce the principal of or change the fixed maturity of any Note or alter the provisions with respect to the redemption or repurchase of the Notes (other than notice provisions and other than provisions relating to Sections 4.10 and 4.15 of the Indenture prior to the time the Company’s obligation to offer to repurchase the Notes arises); (c) reduce the rate of or change the time for payment of interest on any Note; (d) waive a Default or Event of Default in the payment of principal of, or premium, if any, interest or Additional Interest, if any, on the Notes (except a rescission of acceleration of the Notes by the Holders of at least a majority in principal amount of the Notes and a waiver of the payment default that resulted from such acceleration); (e) make any Note payable in currency other than that stated in the Notes; (f) make any change in the provisions of the Indenture relating to waivers of past Defaults or the rights of Holders of Notes to receive payments of principal of, or premium, if any, interest or Additional Interest, if any, on the Notes (other than as permitted in clause (h) below); (g) waive a redemption or repurchase payment with respect to any Note; (h) release any Subsidiary Guarantor from any of its obligations under its Subsidiary Guarantee or the Indenture, except in accordance with the terms of the Indenture; or (i) make any change in the amendment, supplement and waiver provisions contained in the Indenture.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptionsthe following paragraphs, the Company Indenture and the Trustee Notes may amend be amended or supplement the Indenture or the Notes supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes, voting as a single class (including 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 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 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 aggregate principal amount of the then outstanding Notes then outstanding voting as a single class (Notes, including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes). Without the consent of any HolderHolders, the Company Issuer, the Guarantors and Trustee, at any time and from time to time, may enter into one or more indentures supplemental to the Indenture and the Trustee may amend Guarantees for any of the following purposes: (1) to evidence the succession of another Person to the Issuer or supplement any of the Indenture or the Notes to cure any ambiguity, omission, defect or inconsistency, to provide for Guarantors and the assumption by a any such successor corporation of the obligations covenants of the Company under Issuer or such Guarantor in the Indenture, the Guarantees and in the Notes; (2) to add to the covenants of the Issuer for the benefit of the Holders, or to surrender any right or power herein conferred upon the Issuer; (3) to add additional Events of Default; (4) to provide for uncertificated Notes in addition to or in place of certificated the Certificated Notes, ; (5) to evidence and provide for the acceptance of appointment under the Indenture by a successor Trustee; (6) to provide for or confirm the issuance of Additional Notes in accordance with the terms of the Indenture; (7) to add Subsidiary Guarantors a Guarantor or additional obligors to release a Guarantor in accordance with the Indenture; (8) to cure any ambiguity, defect, omission, mistake or inconsistency; provided that any such change shall not adversely affect the Holders; (9) to make any other provisions with respect to matters or questions arising under the Indenture; provided that such actions pursuant to this clause shall not adversely affect the interests of the Holders in any material respect, as determined in good faith by the Board of Directors of the Issuer in a Board Resolution delivered to the Trustee; (10) to conform the text of the Indenture or the Notes to any provision of the “Description of Notes, ” in the Offering Memorandum; or (11) to secure the Notes or Notes. With the Subsidiary Guarantees, to add to the covenants of the Company for the benefit consent of the Holders of not less than a majority in aggregate principal amount of the outstanding Notes, the Issuer, the Guarantors and the Trustee may enter into an indenture or indentures supplemental to the Indenture (together with the other consents required thereby) for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of the Indenture or the Notes or of modifying in any manner the rights of the Holders under the Indenture, including the definitions therein; provided, however, that no such supplemental indenture, modification or amendment shall, without the consent of the Holder of each outstanding Note affected thereby: (1) change the Stated Maturity of any Note or of any installment of interest on any Note, or reduce the amount payable in respect of the principal thereof or the rate of interest thereon or any premium payable thereon, or reduce the amount that would be due and payable on acceleration of the maturity thereof, or change the place of payment where, or the coin or currency in which, any Note or any premium or interest thereon is payable, or impair the right to surrender institute suit for the enforcement of any right such payment on or power conferred upon after the CompanyStated Maturity thereof, or change the date on which any Notes may be subject to redemption or reduce the Redemption Price therefor, (2) reduce the percentage in aggregate principal amount of the outstanding Notes, the consent of whose Holders is required for any such supplemental indenture or amendment, or the consent of whose Holders is required for any waiver (of compliance with certain provisions of the Indenture or certain defaults thereunder and their consequences) provided for in the Indenture, (3) modify the obligations of the Issuer to make Offers to Purchase upon a Change of Control or from the Excess Proceeds of Asset Sales if such modification was done after the occurrence of such Change of Control, or after the obligation to make an Asset Sale Offer has arisen, as applicable; provided that prior to the occurrence of a Change of Control, the Holders of a majority in aggregate principal amount of the Notes then outstanding may waive the requirement to make or complete an Offer to Purchase, (4) subordinate, in right of payment, the Notes to any change other Debt of the Issuer, (5) modify any of the provisions of this paragraph or provisions relating to waivers of past payment defaults or the rights of Holders of Notes to receive payments of principal or premium, if any, on the Notes, except to increase any such percentage required for such actions or to provide that does certain other provisions of the Indenture cannot materially and adversely affect be modified or waived without the legal rights consent of the Holder of each outstanding Note affected thereby, or (6) release any Guarantees required to be maintained under the Indenture of any such Holder, to make any change to comply (other than in accordance with any requirement the terms of the Commission Indenture). The Holders of not less than a majority in order to effect or maintain the qualification aggregate principal amount of the Indenture outstanding Notes may on behalf of the Holders of all the Notes waive any past default under the TIAIndenture and its consequences, except a default: (1) in any payment in respect of the principal of (or premium, if any) or interest on any Notes (including any Note which is required to have been purchased pursuant to an Offer to Purchase which has been made by the Issuer), or (2) in respect of a covenant or provision hereof which under the Indenture cannot be modified or amended without the consent of the Holder of each outstanding Note affected.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented with the consent of the Holders of a majority in principal amount of the then outstanding Notes, voting as a single class (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 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) default or compliance with any provision of the 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 then outstanding voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes). Without the consent of any HolderHolder of a Note, the Company and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to add Subsidiary Guarantors provide for the assumption of an Issuer’s or additional obligors with respect Guarantor’s obligations to the Notes, to secure Holders of the Notes or the Subsidiary Guarantees, a Guarantee pursuant to add to the covenants Article 5 of the Company for the benefit of Indenture, (4) to make any change that would provide any additional rights or benefits to the Holders of the Notes or to surrender any right or power conferred upon the Company, to make any change that does not materially and adversely affect the legal rights under the Indenture of any such Holder, (5) to make secure the Notes or the Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any change additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Guarantee, in each case as provided in the Indenture, (8) to comply with any requirement the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act, if applicable, (9) to evidence or provide for the acceptance of appointment under the Indenture of a successor Trustee, (10) to make provision with respect to adjustments to the Conversion Rate as required by the Indenture or to increase the Conversion Rate in accordance with the Indenture, (11) to make any changes necessary to provide for conversion of the Notes following a Merger Event pursuant to Section 11.11 of the Indenture; or (12) to irrevocably elect or eliminate any Settlement Method or Specified Dollar Amount in accordance with the Indenture.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptionsSECTION 9.01. WITHOUT CONSENT OF HOLDERS OF NOTES. Notwithstanding Section 9.02 of this Indenture, the Company Company, the Guarantors and the Trustee may amend or supplement the this Indenture or the Notes with the consent of the Holders of a majority in principal amount of the then outstanding Notes, voting as a single class (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 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 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 any Holder of a majority in principal amount of the then outstanding Notes then outstanding voting as a single class Note: (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes). Without the consent of any Holder, the Company and the Trustee may amend or supplement the Indenture or the Notes a) to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, ; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes, ; (c) to add Subsidiary Guarantors or additional obligors with respect to provide for the Notes, to secure the Notes or the Subsidiary Guarantees, to add to the covenants assumption of the Company for the benefit of Company's or any Guarantor's obligations to the Holders of the Notes in the case of a merger or consolidation pursuant to surrender any right Article Five or power conferred upon Article 11 hereof, as the Company, case may be; (d) to make any change that would provide any additional rights or benefits to the Holders of the Notes (including providing for additional Subsidiary Guarantees pursuant to Section 4.13 hereof) or that does not materially and adversely affect the legal rights under the Indenture hereunder of any such Holder, to make any change Holder of the Note; or (e) to comply with any requirement requirements of the Commission SEC in order to effect or maintain the qualification of the this Indenture under the TIA. Upon the request of the Company accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental Indenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof, the Trustee shall join with the Company and the Guarantors in the execution of any amended or supplemental Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes, voting as a single class (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 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) default or compliance with any provision of the 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 then outstanding voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes). Without the consent of any HolderHolder of a Note, the Company and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to add Subsidiary Guarantors provide for the assumption of an Issuer’s obligations to Holders of the Notes pursuant to Article Five of the Fourteenth Supplemental Indenture, (4) to make any change that would provide any additional rights or additional obligors with respect benefits to the Holders of the Notes or that does not adversely affect the legal rights of any Holder of the Notes, (5) to secure the Notes or the Subsidiary GuaranteesGuarantees pursuant to Section 4.12 of the Fourteenth Supplemental Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Fourteenth Supplemental Indenture, (7) to add any additional Guarantor with respect to the covenants of the Company for the benefit of the Holders of the Notes or to surrender any right or power conferred upon evidence the Company, to make any change that does not materially and adversely affect the legal rights under the Indenture release of any such HolderGuarantor from its Subsidiary Guarantee, to make any change in each case as provided in the Fourteenth Supplemental Indenture, (8) to comply with any requirement the requirements of the Commission SEC in order to effect or maintain the qualification of the Fourteenth Supplemental Indenture and the Base Indenture (as it relates to the Notes) with respect to the Notes under the TIATrust Indenture Act, (9) to evidence or provide for the acceptance of appointment under the Indenture of a successor Trustee, (10) to provide for the reorganization of the Company as any other form of entity in accordance with Section 5.01(c) of the Fourteenth Supplemental Indenture or (11) to conform the text of the Base Indenture (as it relates to the Notes), the Fourteenth Supplemental Indenture or the Notes to any provision of the section entitled “Description of Notes” in the prospectus supplement relating to the Notes dated January 9, 2020.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented with the consent of the Holders of a majority in principal amount of the then outstanding Notes, voting as a single class (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 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) default or compliance with any provision of the 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 written consent of the Holders of a majority in principal amount of the then outstanding Notes then outstanding voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes). Without the consent of any HolderHolder of a Note, the Company and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, omission, defect or inconsistency, (2) to provide for the assumption by a successor corporation of the Company’s obligations to Holders of the Company under Notes pursuant to Article 5 of the Indenture, (3) to provide for uncertificated Notes in addition to or in place of certificated Notes, (4) to add Subsidiary Guarantors provide any security for, any guarantees of or any additional obligors with respect to on the Notes, to secure the Notes or the Subsidiary Guarantees, to add to the covenants of the Company for the benefit of the Holders of the Notes or to surrender any right or power conferred upon the Company, to make any change that does not materially and adversely affect the legal rights under the Indenture of any such Holder, to make any change (5) to comply with any requirement of the Commission in order to effect or maintain the qualification of the Indenture under the TIA, (6) to add covenants that would benefit the Holders or to surrender any rights of the Company under the Indenture, (7) to add Events of Default with respect to the Notes, (8), to make any change that does not adversely affect any outstanding Notes; provided, that any change made solely to conform the provisions of the Indenture or the Notes to the Offering Memorandum will not be deemed to adversely affect any outstanding Notes, and (9) to evidence the release of any Guarantor from its Subsidiary Guarantee in accordance with the Indenture.