Common use of AMENDMENTS OF ORIGINAL INDENTURE Clause in Contracts

AMENDMENTS OF ORIGINAL INDENTURE. (a) The first paragraph of Section 4.04 is amended to read as follows: "If less than all the Securities of any series are to be redeemed, the particular Securities of such series to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Company, or, if the Company shall so designate, by the Trustee, from the Outstanding Securities of such series not previously called for redemption, by a method which shall be fair and appropriate in accordance with methods generally used at the time of selection by fiduciaries in similar circumstances and which may provide for the selection for redemption of portions of the principal of Securities of a denomination larger than the authorized minimum denomination of the Securities of such series, The portions of the principal of Securities so selected for partial redemption shall be equalto such minimum denomination or an integral multiple thereof. (b) The third paragraph of Section 9.05 is amended to read as follows: "At any meeting each Securityholder of a series or proxy shall be entitled to one vote for each principal amount constituting the author i zed minimum denomination of Securities of such series held or represented by him; provided, however, that no vote shall be cast or counted at any meeting in respect of any Security challenged as not Outstanding and ruled by the chairman of the meeting to be not Outstanding. The chairman of the meeting shall have no right to vote other than by virtue of Securities of such series held by him or instruments in writing as aforesaid duly designating him as the Person to vote on behalf of other Securityholders of such series. Any meeting of Securityholders duly called pursuant to the provisions of Section 9.02 or 9.03 may be adjourned from time to time, and the meeting may be held as so adjourned without further notice."

Appears in 2 contracts

Sources: Third Supplemental Indenture (J C Penney Co Inc), Third Supplemental Indenture (J C Penney Co Inc)