Common use of Amendments or Supplemental Indentures Without Consent of Holders Clause in Contracts

Amendments or Supplemental Indentures Without Consent of Holders. The Company and the Guarantor, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may amend or supplement this Indenture or the Securities or the Guarantees without the consent of any Holder, so long as such changes (other than those in clause (1), (2) or (7)) do not materially and adversely affect the interests of the Holder: (1) to cure any ambiguity, omission, defect or inconsistency; or (2) to make any modifications or amendments that do not, in the good faith opinion of the Company’s and the Guarantor’s respective Board of Directors and the Trustee, adversely affect the interests of the Holders in any material respect; or (3) to provide for the assumption of the Company’s or the Guarantor’s obligations under this Indenture by a successor upon any merger, consolidation or asset transfer as permitted by and in compliance with Article Eight of this Indenture; or

Appears in 2 contracts

Sources: Indenture (Arch Capital Group (U.S.) Inc.), Indenture (Arch Capital Group Ltd.)