Common use of Amendment Without Consent of Holders Clause in Contracts

Amendment Without Consent of Holders. Without the consent of any Holders, the Company, when duly authorized, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Purchase Contract Agent, at any time and from time to time, may amend this Agreement, in form satisfactory to the Company, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Purchase Contract Agent, to: (a) evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company; (b) evidence and provide for the acceptance of appointment hereunder by a successor Collateral Agent, Custodial Agent, Securities Intermediary or Purchase Contract Agent; (c) add to the covenants of the Company for the benefit of the Holders, or surrender any right or power herein conferred upon the Company, provided that such covenants or such surrender do not adversely affect the validity, perfection or priority of the Pledge created hereunder; (d) cure any ambiguity (or formal defect), correct or supplement any provisions herein which may be inconsistent with any other such provisions herein; or (e) make any other provisions with respect to such matters or questions arising under this Agreement, provided that such action shall not adversely affect the interests of the Holders in any material respect.

Amendment Without Consent of Holders. Without the consent of any Holders, the Company, when duly authorizedauthorized by a Board Resolution, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Purchase Contract Agent, at any time and from time to time, may amend this Agreement, in form satisfactory to the Company, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Purchase Contract Agent, to: (a) evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company; (b) evidence and provide for the acceptance of appointment hereunder by a successor Collateral Agent, Custodial Agent, Securities Intermediary or Purchase Contract Agent; (c) add to the covenants of the Company for the benefit of the Holders, or surrender any right or power herein conferred upon the Company, provided that such covenants or such surrender do not adversely affect the validity, perfection or priority of the Pledge created hereunder;; or (d) cure any ambiguity (or formal defect), correct or supplement any provisions herein which may be inconsistent with any other such provisions herein; or (e) , or make any other provisions with respect to such matters or questions arising under this Agreement, provided that such action shall not adversely affect the interests of the Holders in any material respect.

Amendment Without Consent of Holders. Without the consent of any Holders, the Company, Company (when duly authorizedauthorized by a Board Resolution), the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Purchase Contract Agent, at any time and from time to time, may amend this Agreement, in form satisfactory to the Company, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Purchase Contract Agent, to: (a1) evidence the succession of another Person to the Company Company, and the assumption to by any such successor of the covenants of the Company; (b2) evidence and provide for the acceptance of appointment hereunder by a successor Collateral Agent, Custodial Agent, Securities Intermediary or Purchase Contract Agent; (c3) add to the covenants of the Company for the benefit of the Holders, or to surrender any right or power herein conferred upon the Company, provided that such covenants or such surrender do not adversely affect the validity, perfection or priority of the Pledge created hereunder;; or (d4) cure any ambiguity (or formal defect), to correct or supplement any provisions herein which may be inconsistent with any other such provisions herein; or (e) , or to make any other provisions with respect to such matters or questions arising under this Agreement, provided that such action shall not adversely affect the interests of the Holders in any material respectHolders.

Amendment Without Consent of Holders. Without the consent of any Holders, the Company, when duly authorized, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Purchase Contract Agent, at any time and from time to time, may amend this Agreement, in form satisfactory to the Company, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Purchase Contract Agent, tofor any of the following purposes: (a1) to evidence the succession of another Person to the Company Company, and the assumption by any such successor of the covenants of the Company; (b2) evidence and provide for the acceptance of appointment hereunder by a successor Collateral Agent, Custodial Agent, Securities Intermediary or Purchase Contract Agent; (c) to add to the covenants of the Company for the benefit of the Holders, or to surrender any right or power herein conferred upon the Company, provided that so long as such covenants or such surrender do not adversely affect the validity, perfection or priority of the Pledge created hereunder; (d3) to evidence and provide for the acceptance of appointment hereunder by a successor Collateral Agent, Securities Intermediary or Purchase Contract Agent; or (4) to cure any ambiguity (or formal defect), to correct or supplement any provisions herein which may be inconsistent with any other such provisions herein; or (e) , or to make any other provisions with respect to such matters or questions arising under this Agreement, provided that such action shall not adversely affect the interests of the Holders in any material respectHolders.

Amendment Without Consent of Holders. Without the consent of any Holders, the Company, when duly authorized, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Purchase Contract Agent, at any time and from time to time, may amend this Agreement, in form satisfactory to the Company, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Purchase Contract Agent, to: (a) evidence the succession of another Person to the Company Company, and the assumption by any such successor of the covenants of the Company; (b) evidence and provide for the acceptance of appointment hereunder by a successor Collateral Agent, Custodial Agent, Securities Intermediary or Purchase Contract Agent; (c) add to the covenants of the Company for the benefit of the Holders, or surrender any right or power herein conferred upon the Company, provided that such covenants or such surrender do not adversely affect the validity, perfection or priority of the Pledge created hereunder;; or (d) cure any ambiguity (or formal defect), correct or supplement any provisions herein which may be inconsistent with any other such provisions herein; or (e) , or make any other provisions with respect to such matters or questions arising under this Agreement, provided that such action shall not adversely affect the interests of the Holders in any material respectHolders.

Amendment Without Consent of Holders. Without the consent of any Holders, the Company, when duly authorizedauthorized by a Board Resolution, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Purchase Contract AgentTrustee, at any time and from time to time, may amend this Agreement, in form satisfactory to the Company, the Collateral Agent, the Custodial Agent, the Securities Intermediary Indenture and the Purchase Contract Agent, Debentures to: (a) evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company; (b) evidence and provide for the acceptance of appointment hereunder by a successor Collateral Agent, Custodial Agent, Securities Intermediary or Purchase Contract Agent; (ci) add to the covenants of the Company for the benefit of the Holders, or ; (ii) add to the Events of Default under the Indenture; (iii) surrender any right or power herein conferred upon the Company, provided that such covenants or such surrender do not adversely affect the validity, perfection or priority of the Pledge created hereunder; (div) provide for the assumption of the Company's obligations to the Holders in the case of a merger, consolidation, conveyance, transfer or lease pursuant to Article 5 of the Base Indenture; (v) comply with the requirements of the Securities and Exchange Commission in order to maintain the qualification of the Indenture under the Trust Indenture Act; or (vi) (a) cure any ambiguity ambiguity, (or formal defect), b) correct or supplement any provisions provision herein which may be inconsistent with any other such provisions herein; or provision herein or which is otherwise defective or inconsistent with any other provision herein or (ec) make any other provisions with respect to such matters or questions arising under this Agreementthe Indenture which the Company and the Trustee may deem necessary or desirable and which shall not be inconsistent with the provisions of the Indenture, provided that such action shall does not adversely affect the interests of the Holders in any material respect.

Amendment Without Consent of Holders. Without the consent of any Holders, the Company, when duly authorizedauthorized by a Board Resolution, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Purchase Contract Agent, at any time and from time to time, may amend this Agreement, in form satisfactory to the Company, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Purchase Contract Agent, to: (a) evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company; (b) evidence and provide for the acceptance of appointment hereunder by a successor Collateral Agent, Custodial Agent, Securities Intermediary or Purchase Contract Agent; (c) add to the covenants of the Company for the benefit of the Holders, or surrender any right or power herein conferred upon the Company, provided that such covenants or such surrender do not adversely affect the validity, perfection or priority of the Pledge security interests granted or created hereunder;; or (d) cure any ambiguity (or formal defect), correct or supplement any provisions herein which may be inconsistent with any other such provisions herein; or (e) , or make any other provisions with respect to such matters or questions arising under this Agreement, provided that such action shall not adversely affect the interests of the Holders in any material respect.

Amendment Without Consent of Holders. Without the consent of any HoldersHolders or the holders of any Separate Notes, the Company, when duly authorizedauthorized by a Board Resolution, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Purchase Contract Agent, at any time and from time to time, may amend this Agreement, in form satisfactory to the Company, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Purchase Contract Agent, tofor any of the following purposes: (ai) to evidence the succession of another Person to the Company Company, and the assumption by any such successor of the covenants of the Company;; or (bii) to add to the covenants of the Company for the benefit of the Holders, or to surrender any right or power herein conferred upon the Company so long as such covenants or such surrender do not adversely affect the validity, perfection or priority of the security interests granted or created hereunder; or (iii) to evidence and provide for the acceptance of appointment hereunder by a successor Collateral Agent, Custodial Agent, Securities Intermediary or Purchase Contract Agent;; or (civ) add to the covenants of the Company for the benefit of the Holders, or surrender any right or power herein conferred upon the Company, provided that such covenants or such surrender do not adversely affect the validity, perfection or priority of the Pledge created hereunder; (d) cure any ambiguity (or formal defect)ambiguity, to correct or supplement any provisions herein which may be inconsistent with any other such provisions herein; or (e) , or to make any other provisions with respect to such matters or questions arising under this Agreement, provided that such action shall not adversely affect the interests of the Holders in any material respectHolders.

Amendment Without Consent of Holders. Without the consent of any Holders, the Company, Company (when duly authorizedauthorized by a Board Resolution), the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Purchase Contract Agent, at any time and from time to time, may amend this Agreement, in form satisfactory to the Company, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Purchase Contract Agent, to: (a1) evidence the succession of another Person to the Company Company, and the assumption to by any such successor of the covenants of the Company; (b2) evidence and provide for the acceptance of appointment hereunder by a successor Collateral Agent, Custodial Agent, Securities Intermediary or Purchase Contract Agent; (c3) add to the covenants of the Company for the benefit of the Holders, or to surrender any right or power herein conferred upon the Company, provided that PROVIDED such covenants or such surrender do not adversely affect the validity, perfection or priority of the Pledge created hereunder;; or (d4) cure any ambiguity (or formal defect), to correct or supplement any provisions herein which may be inconsistent with any other such provisions herein; or (e) , or to make any other provisions with respect to such matters or questions arising under this Agreement, provided that PROVIDED such action shall not adversely affect the interests of the Holders in any material respectHolders.

Amendment Without Consent of Holders. Without the consent of any HoldersHolders or the holders of any Separate Notes, the Company, when duly authorizedauthorized by a Board Resolution, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Forward Purchase Contract Agent, at any time and from time to time, may amend this Agreement, in form satisfactory to the Company, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Forward Purchase Contract Agent, tofor any of the following purposes: (ai) to evidence the succession of another Person to the Company Company, and the assumption by any such successor of the covenants of the Company;; or (bii) to add to the covenants of the Company for the benefit of the Holders, or to surrender any right or power herein conferred upon the Company so long as such covenants or such surrender does not adversely affect the validity, perfection or priority of the security interests granted or created hereunder; or (iii) to evidence and provide for the acceptance of appointment hereunder by a successor Collateral Agent, Custodial Agent, Securities Intermediary or Forward Purchase Contract Agent;; or (civ) add to the covenants of the Company for the benefit of the Holders, or surrender any right or power herein conferred upon the Company, provided that such covenants or such surrender do not adversely affect the validity, perfection or priority of the Pledge created hereunder; (d) cure any ambiguity (or formal defect)ambiguity, to correct or supplement any provisions herein which may be inconsistent with any other such provisions herein; or (e) , or to make any other provisions with respect to such matters or questions arising under this Agreement, provided that such action shall not adversely affect the interests of the Holders in any material respector (v) to permit the substitution by Holders of designated Company debt instruments for the Pledged Notes as Collateral under this Agreement.

Amendment Without Consent of Holders. Without the consent of any Holders, the Company, when duly authorized, the Collateral Agent, the Custodial AgentSecurities Intermediary, the Securities Intermediary Custodial Agent and the Purchase Contract Agent, at any time and from time to time, may amend this Agreement, in form satisfactory to the Company, the Collateral Agent, the Custodial AgentSecurities Intermediary, the Securities Intermediary Custodial Agent and the Purchase Contract Agent, to: (a1) evidence the succession of another Person to the Company Company, and the assumption by any such successor of the covenants of the Company; (b2) evidence and provide for the acceptance of appointment hereunder by a successor Collateral Agent, Securities Intermediary, Custodial Agent, Securities Intermediary Agent or Purchase Contract Agent; (c3) add to the covenants of the Company for the benefit of the Holders, or surrender any right or power herein conferred upon the Company, provided that such covenants or such surrender do not adversely affect the validity, perfection or priority of the Pledge created hereunder;; or (d4) cure any ambiguity (or formal defect), correct or supplement any provisions herein which may be inconsistent with any other such provisions herein; or (e) , or make any other provisions with respect to such matters or questions arising under this Agreement, provided that such action shall not adversely affect the interests of the Holders in any material respectHolders.

Amendment Without Consent of Holders. Without the consent of any Holders, the Company, when duly authorized, the Collateral Agent, the Custodial AgentSecurities Intermediary, the Securities Intermediary Custodial Agent and the Purchase Contract Warrant Agent, at any time and from time to time, may amend this Agreement, in form satisfactory to the Company, the Collateral Agent, the Custodial AgentSecurities Intermediary, the Securities Intermediary Custodial Agent and the Purchase Contract Warrant Agent, to: (a1) evidence the succession of another Person to the Company Company, and the assumption by any such successor of the covenants of the Company; (b2) evidence and provide for the acceptance of appointment hereunder by a successor Collateral Agent, Securities Intermediary, Custodial Agent, Securities Intermediary Agent or Purchase Contract Warrant Agent; (c3) add to the covenants of the Company for the benefit of the Holders, or surrender any right or power herein conferred upon the Company, provided that such covenants or such surrender do not adversely affect the validity, perfection or priority of the Pledge created hereunder;; or (d4) cure any ambiguity (or formal defect), correct or supplement any provisions herein which may be inconsistent with any other such provisions herein; or (e) , or make any other provisions with respect to such matters or questions arising under this Agreement, provided that such action shall not adversely affect the interests of the Holders in any material respectHolders.

Amendment Without Consent of Holders. Without the consent of any Holders, the CompanyPledgor, when duly authorizedauthorized by a Board Resolution, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Purchase Contract AgentIndenture Trustee, at any time and from time to time, may amend this Agreement, in form satisfactory to the CompanyPledgor, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Purchase Contract AgentIndenture Trustee, to: (ai) evidence the succession of another Person to the Company Pledgor and the assumption by any such successor of the covenants of the CompanyPledgor; (bii) evidence and provide for the acceptance of appointment hereunder by a successor Collateral Agent, Custodial Agent, Securities Intermediary or Purchase Contract AgentIndenture Trustee; (ciii) add to the covenants of the Company Pledgor for the benefit of the HoldersHolders of the Notes, or to surrender any right or power herein conferred upon the CompanyPledgor, provided that such covenants or such surrender do shall not adversely affect the validity, perfection or priority of the Pledge created hereunder;; or (div) cure any ambiguity (or formal defect)ambiguity, to cure, correct or supplement any provisions herein which of this Agreement that may be defective or inconsistent with any other such provisions herein; or (e) of this Agreement, or to make any other provisions change to this Agreement that the Pledgor, the Collateral Agent, the Securities Intermediary and the Indenture Trustee determine is not inconsistent with respect to such matters or questions arising under this Agreement, the Indenture and the Notes, provided that that, in all such cases, such action shall not materially adversely affect the interests of the Holders in and provided that any material respectsuch actions shall not adversely affect the validity, perfection or priority of the Pledge created hereunder.

Amendment Without Consent of Holders. Without the consent of any Holders, the Company, when duly authorizedauthorized by a Board Resolution, the Collateral Agent, the Custodial Agent, Agent the Securities Intermediary and the Purchase Contract Agent, at any time and from time to time, may amend this Agreement, in form satisfactory to the Company, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Purchase Contract Agent, to: (a) evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company; (b) evidence and provide for the acceptance of appointment hereunder by a successor Collateral Agent, Custodial Agent, Securities Intermediary or Purchase Contract Agent; (c) add to the covenants of the Company for the benefit of the Holders, or surrender any right or power herein conferred upon the Company, provided that such covenants or such surrender do not adversely affect the validity, perfection or priority of the Pledge created hereunder;; or (d) cure any ambiguity (or formal defect), correct or supplement any provisions herein which may be inconsistent with any other such provisions herein; or (e) , or make any other provisions with respect to such matters or questions arising under this Agreement, provided that such action shall not adversely affect the interests of the Holders in any material respect.

Amendment Without Consent of Holders. Without the consent of any Holders, the Company, when duly authorizedPledgor, the Collateral Agent, the Custodial AgentSecurities Intermediary, the Securities Intermediary Depositary and the Purchase Contract AgentTrustee may, at any time and from time to time, may amend this Collateral Agreement, in form satisfactory to the CompanyPledgor, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Purchase Contract AgentTrustee, to: (ai) evidence the succession of another Person to the Company Pledgor and the assumption by any such successor of the covenants of the CompanyPledgor; (bii) evidence and provide for the acceptance of appointment hereunder by a successor Collateral Agent, Custodial Agent, Securities Intermediary or Purchase Contract AgentTrustee; (ciii) add to the covenants of the Company Pledgor for the benefit of the Holders, or surrender any right or power herein conferred upon the CompanyPledgor, provided that such covenants or such surrender do not adversely affect the validity, perfection or priority of the Pledge Lien created hereunder;; or (div) cure any ambiguity (or formal defect), correct or supplement any provisions herein which may be inconsistent with any other such provisions herein; or (e) , or make any other provisions with respect to such matters or questions arising under this Collateral Agreement, provided that such action shall not adversely affect the interests of the Holders in any material respect.

Amendment Without Consent of Holders. Without the consent of any Holders, the Company, when duly authorized, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Stock Purchase Contract Agent, at any time and from time to time, may amend this Agreement, in form satisfactory to the Company, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Stock Purchase Contract Agent, to: (a) evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company; (b) evidence and provide for the acceptance of appointment hereunder by a successor Collateral Agent, Custodial Agent, Securities Intermediary or Stock Purchase Contract Agent; (c) add to the covenants of the Company for the benefit of the Holders, or surrender any right or power herein conferred upon the Company, provided that such covenants or such surrender do not adversely affect the validity, perfection or priority of the Pledge created hereunder; (d) cure any ambiguity (or formal defect), correct or supplement any provisions herein which may be inconsistent with any other another such provisions herein; (e) conform the terms of this Agreement to the terms set forth in the Prospectus dated May 8, 2007 of the Company and the Trust relating to the MCAPS; or (ef) make any other provisions with respect to such matters or questions arising under this Agreement, provided that such action shall not adversely affect the interests of the Holders in any material respect.

Amendment Without Consent of Holders. Without the consent of any HoldersHolders or the holders of any Separate Notes, the Company, when duly authorizedauthorized by a Board Resolution, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Forward Purchase Contract Agent, at any time and from time to time, may amend this Agreement, in form satisfactory to the Company, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Forward Purchase Contract Agent, tofor any of the following purposes: (ai) to evidence the succession of another Person to the Company Company, and the assumption by any such successor of the covenants of the Company;; or (bii) to add to the covenants of the Company for the benefit of the Holders, or to surrender any right or power herein conferred upon the Company so long as such covenants or such surrender does not adversely affect the validity, perfection or priority of the security interests granted or created hereunder; or (iii) to evidence and provide for the acceptance of appointment hereunder by a successor Collateral Agent, Custodial Agent, Securities Intermediary or Forward Purchase Contract Agent;; or (civ) add to the covenants of the Company for the benefit of the Holders, or surrender any right or power herein conferred upon the Company, provided that such covenants or such surrender do not adversely affect the validity, perfection or priority of the Pledge created hereunder; (d) cure any ambiguity (or formal defect)ambiguity, to correct or supplement any provisions herein which may be inconsistent with any other such provisions herein; or (e) , or to make any other provisions with respect to such matters or questions arising under this Agreement, provided that such action shall not adversely affect the interests of the Holders in any material respectHolders.

Amendment Without Consent of Holders. Without the consent of any Holders, the Company, when duly authorizedauthorized by a Board Resolution, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Purchase Contract Agent, at any time and from time to time, may amend this Agreement, in form satisfactory to the Company, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Purchase Contract Agent, to: (a) evidence the succession of another Person to the Company Company, and the assumption by any such successor of the covenants of the Company; (b) evidence and provide for the acceptance of appointment hereunder by a successor Collateral Agent, Custodial Agent, Securities Intermediary or Purchase Contract Agent; (c) add to the covenants of the Company for the benefit of the Holders, or surrender any right or power herein conferred upon the Company, provided that such covenants or such surrender do not adversely affect the validity, perfection or priority of the Pledge created hereunder;; or (d) cure any ambiguity (or formal defect), correct or supplement any provisions herein which may be inconsistent with any other such provisions herein; or (e) , or make any other provisions with respect to such matters or questions arising under this Agreement, provided that such action shall not adversely affect the interests of the Holders in any material respectHolders.

Amendment Without Consent of Holders. Without the consent of any Holders, the Company, when duly authorized, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Purchase Contract Agent, at any time and from time to time, may amend this Agreement, in form satisfactory to the Company, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Purchase Contract Agent, to: (a) evidence the succession of another Person to the Company Company, and the assumption by any such successor of the covenants of the Company; (b) evidence and provide for the acceptance of appointment hereunder by a successor Collateral Agent, Custodial Agent, Securities Intermediary or Purchase Contract Agent; (c) add to the covenants of the Company for the benefit of the Holders, or surrender any right or power herein conferred upon the Company, provided that such covenants or such surrender do not adversely affect the validity, perfection or priority of the Pledge created hereunder;; or (d) cure any ambiguity (or formal defect), correct or supplement any provisions herein which may be inconsistent with any other such provisions herein; or (e) , or make any other provisions with respect to such matters or questions arising under this Agreement, provided that such action shall not adversely affect the interests of the Holders in any material respectHolders.

Amendment Without Consent of Holders. Without the consent of any Holders, the Company, when duly authorized, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Stock Purchase Contract Agent, at any time and from time to time, may amend this Agreement, in form satisfactory to the Company, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Stock Purchase Contract Agent, to: (a) evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company; (b) evidence and provide for the acceptance of appointment hereunder by a successor Collateral Agent, Custodial Agent, Securities Intermediary or Stock Purchase Contract Agent; (c) add to the covenants of the Company for the benefit of the Holders, or surrender any right or power herein conferred upon the Company, provided that such covenants or such surrender do not adversely affect the validity, perfection or priority of the Pledge created hereunder; (d) cure any ambiguity (or formal defect), correct or supplement any provisions herein which may be inconsistent with any other another such provisions herein; or (e) make any other provisions with respect to such matters or questions arising under this Agreement, provided that such action shall not adversely affect the interests of the Holders in any material respect.

Amendment Without Consent of Holders. Without the consent of any Holders, the Company, when duly authorizedPledgor, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Purchase Contract AgentTrustee may, at any time and from time to time, may amend this Collateral Agreement, in form satisfactory to the CompanyPledgor, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Purchase Contract AgentTrustee, to: (ai) evidence the succession of another Person to the Company Pledgor and the assumption by any such successor of the covenants of the CompanyPledgor; (bii) evidence and provide for the acceptance of appointment hereunder by a successor Collateral Agent, Custodial Agent, Securities Intermediary or Purchase Contract AgentTrustee; (ciii) add to the covenants of the Company Pledgor for the benefit of the Holders, or surrender any right or power herein conferred upon the CompanyPledgor, provided that such covenants or such surrender do not adversely affect the validity, perfection or priority of the Pledge Lien created hereunder;; or (div) cure any ambiguity (or formal defect), correct or supplement any provisions herein which may be inconsistent with any other such provisions herein; or (e) , or make any other provisions with respect to such matters or questions arising under this Collateral Agreement, provided that such action shall not adversely affect the interests of the Holders in any material respect. provided that any amendment to Sections 4(d) or 4(e) shall require the prior written agreement of the Series A Trustee and the Series A Trustee shall be party to such amendment.

Amendment Without Consent of Holders. Without the consent of any Holders, the Company, when duly authorizedauthorized by a Board Resolution, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Purchase Contract Agent, at any time and from time to time, may amend this Agreement, in form satisfactory to the Company, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Purchase Contract Agent, to: (a) evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company; (b) evidence and provide for the acceptance of appointment hereunder by a successor Collateral Agent, Custodial Agent, Securities Intermediary or Purchase Contract Agent; (c) add to the covenants of the Company for the benefit of the Holders, or surrender any right or power herein conferred upon the Company, provided that such covenants or such surrender do not adversely affect the validity, perfection or priority of the Pledge created hereunder; (d) cure any ambiguity (or formal defect), ) or correct or supplement any provisions herein which may be inconsistent with any other another such provisions herein; or (e) conform this Agreement to any amendment or supplement to, or waiver with respect to, the Purchase Contract Agreement, it being understood that any such amendment, supplement or waiver will not require approval under this Agreement; (f) make any other provisions with respect to such matters or questions arising under this Agreement, provided that such action shall not adversely affect the interests of the Holders in any material respect.

Amendment Without Consent of Holders. Without the consent of ------------------------------------ any HoldersHolders or the holders of any Separate Senior Notes, the Company, Company when duly authorizedauthorized by or pursuant to a Board Resolution, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Purchase Contract Agent, at any time and from time to time, may amend this Agreement, in form satisfactory to the Company, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Purchase Contract Agent, tofor any of the following purposes: (a) to evidence the succession of another Person to the Company Company, and the assumption by any such successor of the covenants of the Company;; or (b) to add to the covenants of the Company for the benefit of the Holders, or to surrender any right or power herein conferred upon the Company; or (c) to evidence and provide for the acceptance of appointment hereunder by a successor Collateral Agent, Custodial Agent, Securities Intermediary or Purchase Contract Agent; (c) add to the covenants of the Company for the benefit of the Holders, or surrender any right or power herein conferred upon the Company, provided that such covenants or such surrender do not adversely affect the validity, perfection or priority of the Pledge created hereunder;; or (d) to cure any ambiguity (or formal defect)ambiguity, to correct or supplement any provisions herein which may be inconsistent with any other such provisions herein; or (e) , or to make any other provisions with respect to such matters or questions arising under this Agreement, provided that such action shall not adversely affect the interests of the Holders in any material respect.

Amendment Without Consent of Holders. Without the consent of any Holders, the Company, when duly authorized, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Purchase Contract Agent, at any time and from time to time, may amend this Agreement, in form satisfactory to the Company, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Purchase Contract Agent, tofor any of the following purposes: (a) to evidence the succession of another Person to the Company Company, and the assumption by any such successor of the covenants of the Company; (b) to add to the covenants of the Company for the benefit of the Holders or to surrender any right or power herein conferred upon the Company so long as such covenants or such surrender do not adversely affect the validity, perfection or priority of the security interests granted or created hereunder; (c) to evidence and provide for the acceptance of appointment hereunder by a successor Collateral Agent, Custodial Agent, Securities Intermediary or Purchase Contract Agent; (c) add to the covenants of the Company for the benefit of the Holders, or surrender any right or power herein conferred upon the Company, provided that such covenants or such surrender do not adversely affect the validity, perfection or priority of the Pledge created hereunder;; or (d) to cure any ambiguity (or formal defect)ambiguity, to correct or supplement any provisions herein which may be inconsistent with any other such provisions herein; or (e) , or to make any other provisions with respect to such matters or questions arising under this Agreement, provided that such action shall not adversely affect the interests of the Holders in any material respect, provided, further, that any amendment made solely to conform the provisions of this Agreement to the description of the Equity Units, the Purchase Contracts and the other components of the Equity Units contained in the prospectus supplement, dated August 2, 2016, relating to the Equity Units will not be deemed to adversely affect the interests of the Holders.

Amendment Without Consent of Holders. Without the consent of any Holders, the Company, when duly authorizedauthorized by a Board Resolution, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Purchase Contract Warrant Agent, at any time and from time to time, may amend this Agreement, in form satisfactory to the Company, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Purchase Contract Warrant Agent, to: (a) evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company; (b) evidence and provide for the acceptance of appointment hereunder by a successor Collateral Agent, Custodial Agent, Securities Intermediary or Purchase Contract Warrant Agent; (c) add to the covenants of the Company for the benefit of the Holders, or surrender any right or power herein conferred upon the Company, provided that such covenants or such surrender do not adversely affect the validity, perfection or priority of the Pledge created hereunder;; or (d) cure any ambiguity (or formal defect), correct or supplement any provisions herein which may be inconsistent with any other such provisions herein; or (e) , or make any other provisions with respect to such matters or questions arising under this Agreement, provided that such action shall not adversely affect the interests of the Holders in any material respect.

Amendment Without Consent of Holders. Without the consent of any Holders, the Company, when duly authorized, the Collateral Agent, , the Custodial Agent, Agent the Securities Intermediary and the Purchase Contract Agent, at any time and from time to time, may amend this Agreement, in form satisfactory to the Company, the Collateral Agent, , the Custodial Agent, the Securities Intermediary and the Purchase Contract Agent, to: (a) evidence the succession of another Person to the Company Company, and the assumption by any such successor of the covenants of the Company; (b) evidence and provide for the acceptance of appointment hereunder by a successor Collateral Agent, , the Custodial Agent, Securities Intermediary or Purchase Contract Agent; (c) add to the covenants of the Company for the benefit of the Holders, or surrender any right or power herein conferred upon the Company, provided that such covenants or such surrender do not adversely affect the validity, perfection or priority of the Pledge created hereunder;; or (d) cure any ambiguity (or formal defect), correct or supplement any provisions herein which may be inconsistent with any other such provisions herein; or (e) , or make any other provisions with respect to such matters or questions arising under this Agreement, provided that such action shall not adversely affect the interests of the Holders in any material respectHolders.

Amendment Without Consent of Holders. Without the consent of any Holders, the Company, when duly authorizedauthorized by a Board Resolution, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Purchase Contract Agent, at any time and from time to time, may amend this Agreement, in form satisfactory to the Company, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Purchase Contract Agent, to: (a) evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company; (b) evidence and provide for the acceptance of appointment hereunder by a successor Collateral Agent, Custodial Agent, Securities Intermediary or Purchase Contract Agent; (c) add to the covenants of the Company for the benefit of the Holders, or surrender any right or power herein conferred upon the Company, provided that such covenants or such surrender do not adversely affect the validity, perfection or priority of the Pledge created hereunder;; or (d) cure any ambiguity (or formal defect), correct or supplement any provisions herein which may be inconsistent with any other such provisions herein; or (e) , or make any other provisions with respect to such matters or questions arising under this Agreement, provided that such action shall not adversely affect the interests of the Holders in any material respect.

Amendment Without Consent of Holders. Without the consent of any Holders, the Company, Company (when duly authorizedauthorized by a Board Resolution), the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Purchase Contract Agent, at any time and from time to time, may amend this Agreement, in form satisfactory to the Company, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Purchase Contract Agent, to: (a1) evidence the succession of another Person to the Company Company, and the assumption to by any such successor of the covenants of the Company; (b2) evidence and provide for the acceptance of appointment hereunder by a successor Collateral Agent, Custodial Collateral. Agent, Securities Intermediary or Purchase Contract Agent; (c3) add to the covenants of the Company for the benefit of the Holders, or to surrender any right or power herein conferred upon the Company, provided that such covenants or such surrender do not adversely affect the validity, perfection or priority of the Pledge created hereunder;; or (d4) cure any ambiguity (or formal defect), correct or to corrector supplement any provisions herein which may be inconsistent with any other such provisions herein; or (e) , or to make any other provisions with respect to such matters or questions arising under this Agreement, provided that such action shall not adversely affect the interests of the Holders in any material respectHolders.

Amendment Without Consent of Holders. Without the consent of any Holders, the Company, when duly authorizedauthorized by a Board Resolution, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Purchase Contract Agent, at any time and from time to time, may amend this Agreement, in form satisfactory to the Company, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Purchase Contract Agent, to: (a) evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company; (b) evidence and provide for the acceptance of appointment hereunder by a successor Collateral Agent, Custodial Agent, Securities Intermediary or Purchase Contract Agent; (c) add to the covenants of the Company for the benefit of the Holders, or surrender any right or power herein conferred upon the Company, provided that such covenants or such surrender do not adversely affect the validity, perfection or priority of the Pledge created hereunder;; or (d) cure any ambiguity (or formal defect), correct or supplement any provisions herein which may be inconsistent with any other such provisions herein; or (e) , or make any other provisions with respect to such matters or questions arising under this Agreement, provided that such action shall not adversely affect the interests of the Holders in any material respect.]

Amendment Without Consent of Holders. Without the consent of any Holders, the Company, when duly authorized, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Purchase Contract Agent, at any time and from time to time, may amend this Agreement, in form satisfactory to the Company, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Purchase Contract Agent, tofor any of the following purposes: (a1) to evidence the succession of another Person to the Company Company, and the assumption by any such successor of the covenants and agreements of the Company; (b2) evidence and provide for the acceptance of appointment hereunder by a successor Collateral Agent, Custodial Agent, Securities Intermediary or Purchase Contract Agent; (c) to add to the covenants of the Company for the benefit of the Holders, or to surrender any right or power herein conferred upon the CompanyCompany in this Agreement, provided that so long as such covenants or such surrender do does not adversely affect the validity, perfection or priority of the Pledge created hereunderPledge; (d3) to evidence and provide for the acceptance of appointment by a successor Collateral Agent, Securities Intermediary or Purchase Contract Agent; or (4) to cure any ambiguity (or formal defect), to correct or supplement any provisions herein in this Agreement which may be inconsistent incon- sistent with any other such provisions herein; or (e) in this Agreement, or to make any other provisions with respect to such matters or questions arising under this Agreement, provided that PROVIDED such action shall not adversely affect the interests of the Holders in any material respectHolders.

Amendment Without Consent of Holders. Without the consent of any HoldersHolders or the holders of any Separate Senior Notes, the Company, Company when duly authorizedauthorized by or pursuant to a Board Resolution, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Purchase Contract Agent, at any time and from time to time, may amend this Agreement, in form satisfactory to the Company, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Purchase Contract Agent, tofor any of the following purposes: (a) to evidence the succession of another Person to the Company Company, and the assumption by any such successor of the covenants of the Company; (b) to add to the covenants of the Company for the benefit of the Holders, or to surrender any right or power herein conferred upon the Company; (c) to evidence and provide for the acceptance of appointment hereunder by a successor Collateral Agent, Custodial Agent, Securities Intermediary or Purchase Contract Agent; (c) add to the covenants of the Company for the benefit of the Holders, or surrender any right or power herein conferred upon the Company, provided that such covenants or such surrender do not adversely affect the validity, perfection or priority of the Pledge created hereunder;; or (d) to cure any ambiguity (or formal defect)ambiguity, to correct or supplement any provisions herein which may be inconsistent with any other such provisions herein; or (e) , or to make any other provisions with respect to such matters or questions arising under this Agreement, provided that such action shall not adversely affect the interests of the Holders in any material respect.

Amendment Without Consent of Holders. Without the consent of any Holders, the Company, when duly authorized, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Purchase Contract Agent, at any time and from time to time, may amend this Agreement, in form satisfactory to the Company, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Purchase Contract Agent, tofor any of the following purposes: (a1) to evidence the succession of another Person to the Company Company, and the assumption by any such successor of the covenants of the Company; (b2) evidence and provide for the acceptance of appointment hereunder by a successor Collateral Agent, Custodial Agent, Securities Intermediary or Purchase Contract Agent; (c) to add to the covenants of the Company for the benefit of the Holders, or to surrender any right or power herein conferred upon the Company, provided that Company so long as such covenants or such surrender do not adversely affect the validity, perfection or priority of the Pledge created hereunder; (d3) to evidence and provide for the acceptance of appointment hereunder by a successor Collateral Agent, Securities Intermediary or Purchase Contract Agent; or (4) to cure any ambiguity (or formal defect), to correct or supplement any provisions herein which may be inconsistent with any other such provisions herein; or (e) , or to make any other provisions with respect to such matters or questions arising under this Agreement, provided that such action shall not adversely affect the interests of the Holders in any material respectHolders.

Amendment Without Consent of Holders. Without the consent of any HoldersHolders or the holders of any Separate Senior Notes, the Company, Company when duly authorizedauthorized by or pursuant to a Board Resolution, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Purchase Contract Agent, at any time and from time to time, may amend this Agreement, in form satisfactory to the Company, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Purchase Contract Agent, tofor any of the following purposes: (a) to evidence the succession of another Person to the Company Company, and the assumption by any such successor of the covenants of the Company;; or (b) to add to the covenants of the Company for the benefit of the Holders, or to surrender any right or power herein conferred upon the Company; or (c) to evidence and provide for the acceptance of appointment hereunder by a successor Collateral Agent, Custodial Agent, Securities Intermediary or Purchase Contract Agent; (c) add to the covenants of the Company for the benefit of the Holders, or surrender any right or power herein conferred upon the Company, provided that such covenants or such surrender do not adversely affect the validity, perfection or priority of the Pledge created hereunder;; or (d) to cure any ambiguity (or formal defect)ambiguity, to correct or supplement any provisions herein which may be inconsistent with any other such provisions herein; or (e) , or to make any other provisions with respect to such matters or questions arising under this Agreement, provided that such action shall not adversely affect the interests of the Holders in any material respect.