Common use of Amendment Without Consent of Holders Clause in Contracts

Amendment Without Consent of Holders. Without the consent of any Holders, the Company, 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, for any of the following purposes: (a) to evidence the succession of another Person to the 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; or (d) to cure any ambiguity, to correct or supplement any provisions herein which may be inconsistent with any other provisions herein, or to make any other provisions with respect to such matters or questions arising under this Agreement, provided 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 , relating to the Equity Units will not be deemed to adversely affect the interests of the Holders.

Amendment Without Consent of Holders. Without The Company and the Trustee may amend or supplement this Indenture or the Notes without the consent of any Holders, the Company, 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, for any of the following purposesHolder: (a) to evidence the succession of another Person add guarantees with respect to the Company, and Notes or secure the assumption by any such successor of the covenants of the CompanyNotes; (b) to add to evidence the covenants assumption of the Company Company’s obligations by a successor Person under Section 6.1; (c) to surrender any of the Company’s rights or powers under this Indenture; (d) to add covenants or Events of Default for the benefit of the Holders of Notes; (e) to cure any ambiguity or to surrender correct any right or power herein conferred upon the Company inconsistency in this Indenture, so long as such covenants or such surrender do action will not materially adversely affect the validity, perfection or priority interests of the security interests granted or created hereunderHolders; (cf) to modify or amend this Indenture to permit the qualification of this Indenture or any supplemental indenture under the Trust Indenture Act as then in effect; (g) to establish the forms or terms of the Notes in accordance with Section 3.1 of the Base Indenture; (h) to evidence and provide for the acceptance of appointment hereunder by a successor Collateral AgentTrustee; (i) to provide for uncertificated Notes in addition to or in place of Certificated Securities; provided, Custodial Agenthowever, Securities Intermediary that the uncertificated Notes are issued in registered form for purposes of Section 163(f) of the Code or Purchase Contract Agentin a manner such that the uncertificated Notes are described in Section 163(f)(2)(B) of the Code; (j) to conform the text of the Indenture or the Notes to any provision of the “Description of Notes” as set forth in the Prospectus Supplement to the extent that such text was intended to be a substantially verbatim recitation of a provision of the “Description of Notes”; or (dk) to cure any ambiguity, to correct or supplement any provisions herein which may be inconsistent with any other provisions herein, or to make any other provisions with respect change to this Indenture or forms or terms of the Notes so long as such matters or questions arising under this Agreement, provided such action shall change will 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 UnitsNotes. After an amendment under this Section 9.2 becomes effective, the Purchase Contracts and the other components of the Equity Units contained in the prospectus supplementCompany shall mail to Holders a notice briefly describing such amendment. The failure to give such notice to all such Holders, dated or any defect therein, relating to the Equity Units will shall not be deemed to adversely impair or affect the interests validity of the Holdersan amendment under this Section 9.2.

Amendment Without Consent of Holders. Without the consent of any Holders, the Company, 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, for any of the following purposes: (a) to evidence the succession of another Person to the 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; or (d) to cure any ambiguity, to correct or supplement any provisions herein which may be inconsistent with any other provisions herein, or to make any other provisions with respect to such matters or questions arising under this Agreement, provided such action shall not adversely affect the interests of the Holders in any material respect, provided further 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 ________________, 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, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Purchase Contract SQUARZ 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 SQUARZ Agent, for any of the following purposes: (a) to evidence the succession of another Person to the 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 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 (c) to evidence and provide for the acceptance of appointment hereunder by a successor Collateral Agent, Custodial Agent, Securities Intermediary or Purchase Contract SQUARZ Agent; or (d) to add, amend, or supplement procedures and procedural matters by which the transactions contemplated by and other actions provided for in this Agreement are effectuated, including forms of notices, request, instructions, and the like. (e) to cure any ambiguityambiguity or potential ambiguity or to correct, to correct amend, or supplement any provisions herein which may be defective or inconsistent with any other such provisions herein, herein or with complementary provisions in the SQUARZ Agreement; or (f) to make any other provisions with respect to such matters or questions arising under this Agreement, provided 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 , 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, 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, for any of the following purposes: (a) to evidence the succession of another Person to the 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; or (d) to cure any ambiguity, to correct or supplement any provisions herein which may be inconsistent with any other provisions herein, or to make any other provisions with respect to such matters or questions arising under this Agreement, provided such action shall not adversely affect the interests of the Holders in any material respect, provided further 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 ________________, and the accompanying prospectus dated ____________, relating to the Equity Units will not be deemed to adversely affect the interests of the Holders.

Amendment Without Consent of Holders. SECTION 901 of the Base Indenture shall be superseded by this Section 2.11(a). Without the consent of any Holders, the Company, the Collateral Agentwhen authorized by a Board Resolution, 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, for any of the following purposesDebentures to: (ai) provide for uncertificated Debentures in addition to evidence the succession or in place of another Person to the Company, and the assumption by any such successor of the covenants of the Companycertificated Debentures; (bii) make any change that would provide any additional rights or benefits to the Holders or that does not adversely affect such Holders' legal rights under the Indenture; (iii) add a guarantor under the Indenture; (iv) evidence and provide for the acceptance of the appointment of a successor Trustee under the Indenture; (v) add to the covenants of the Company for the benefit of the Holders or Holders; (vi) add to the Events of Default under the Indenture; (vii) 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 hereunderCompany; (cviii) mortgage, pledge, hypothecate or grant a security interest in favor of the Trustee for the benefit of the Holders as additional security for the payment and performance of the Company's obligations under the Indenture, in any property or assets; (ix) add to, change or eliminate any provisions of the Indenture, provided that, any such addition, change or elimination (a) shall neither (x) apply to evidence any Debentures issued prior to the execution of this Third Supplemental Indenture and entitled to the benefit of such provision nor (y) modify the rights of Holders with respect to such provisions, or (b) shall become effective only when there is no such outstanding Debentures; (x) provide for the acceptance assumption of appointment hereunder by the Company's obligations to the Holders in the case of a successor Collateral Agentmerger, Custodial Agentconsolidation, conveyance, transfer or lease pursuant to Article 8 of the Base Indenture; (xi) comply with the requirements of the Securities Intermediary or Purchase Contract AgentExchange Commission in order to maintain the qualification of the Indenture under the Trust Indenture Act; (xii) establish the form and terms of Debentures as permitted under the Indenture; or (dxiii) to cure any ambiguity, to correct or supplement any provisions provision herein which may be inconsistent with any other provisions hereinprovision herein or which is otherwise defective, or to 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 provided, that such action shall pursuant to this clause (vi) does not adversely affect the interests of the Holders in any material respect, provided further that any amendment made solely to conform the provisions of 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 , 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, 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, for any of the following purposes: (a) to evidence the succession of another Person to the 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; or (d) to cure any ambiguity, to correct or supplement any provisions herein which may be inconsistent with any other provisions herein, or to make any other provisions with respect to such matters or questions arising under this Agreement, provided 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 May 20, 2009, 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, 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, for any of the following purposes: (a) to evidence the succession of another Person to the 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; or (d) to cure any ambiguity, to correct or supplement any provisions herein which may be inconsistent with any other provisions herein, or to make any other provisions with respect to such matters or questions arising under this Agreement, provided 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 May 1, 2012, 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, 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, for any of the following purposes: (a) to evidence the succession of another Person to the 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; or (d) to cure any ambiguity, to correct or supplement any provisions herein which may be inconsistent with any other provisions herein, or to make any other provisions with respect to such matters or questions arising under this Agreement, provided 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 September 14, 2010, relating to the Equity Units will not be deemed to adversely affect the interests of the Holders.