Common use of Amendments or Supplements Without Consent of Holders Clause in Contracts

Amendments or Supplements Without Consent of Holders. In addition to any permitted amendment or supplement to the Indenture pursuant to Section 9.1 of the Original Indenture, the Company and the Trustee may amend or supplement the Indenture or the Notes without notice to or the consent of any Holder of the Notes: (a) to comply with Section 4.02 hereof; (b) to add Guarantees with respect to the Notes or to secure the Notes; (c) to add to the covenants of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (d) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture as of the Issue Date; (e) to conform the text of the Indenture or the Notes to the section entitled “Description of the Notes” as set forth in the Prospectus Supplement, to the extent that such provision of the of the Indenture or the Notes was intended to be a verbatim recitation of such provision of the “Description of the Notes”; or (f) to make any amendment to the provisions of the Indenture relating to the transfer and legending of the Notes; provided, however, that (a) compliance with the Indenture as so amended would not result in the 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 the Notes.

Amendments or Supplements Without Consent of Holders. In addition to any permitted amendment or supplement to the Indenture pursuant to Section 9.1 of the Original Indenture, the Company and the Trustee may amend or supplement the Indenture or the Notes without notice to or the consent of any Holder of the Notes: (a) to comply with Section 4.02 hereof; (b) to add Guarantees with respect to the Notes or to secure the Notes; (c) to add to the covenants of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (d) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture as of the Issue Date; (e) to conform the text of the Indenture or the Notes to the section entitled “Description of the Notes” as set forth in the Prospectus Supplement, to the extent that such provision of the of the Indenture or the Notes was intended to be a verbatim recitation of such provision of the “Description of the Notes”; ;” or (f) to make any amendment to the provisions of the Indenture relating to the transfer and legending of the Notes; provided, however, that (a) compliance with the Indenture as so amended would not result in the 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 the Notes.

Amendments or Supplements Without Consent of Holders. (a) In addition to any permitted amendment or supplement to the Indenture pursuant to Section 9.1 10.01 of the Original Indenture, the Company and the Trustee may amend or supplement the Indenture or the Notes without notice to or the consent of any Holder of the Notes: (a) to comply with Section 4.02 hereof; (b) to add Guarantees with respect to the Notes or to secure the Notes; (ci) to add to the covenants of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (dii) to appoint a successor trustee with respect to the Notes; or (iii) to provide for the issuance assumption by a Successor of Additional Notes in accordance with the limitations Company’s obligations under the Indenture as described under Section 5.01 of the Original Indenture or Section 4.07 of this Supplemental Indenture, including to provide for the adjustments to the Conversion Rate as set forth in the Indenture as Section 4.07 of this Supplemental Indenture. (b) The below specified subclauses of Section 10.01 of the Issue Date;Original Indenture shall be modified in their application to the Notes as follows: (ei) to conform the text of the phrase “in this Indenture or the Notes to the section entitled “Description of the Notes” as set forth in the Prospectus Supplement, to the extent a manner that such provision of the of the Indenture or the Notes was intended to be a verbatim recitation of such provision of the “Description of the Notes”; or (f) to make any amendment to the provisions of the Indenture relating to the transfer and legending of the Notes; provided, however, that (a) compliance with the Indenture as so amended would not result in the 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 to a material extent the rights of Holders any Holder” shall be added after “cure any ambiguity, omission, defect or inconsistency” in subclause (1) of Section 10.01 of the Original Indenture; and (ii) in applying subclause (11) of Section 10.01 of the Original Indenture to transfer the Notes, the reference therein to the “final offering memorandum” shall be deemed to be to the prospectus dated June 21, 2013, as supplemented by the Supplemental Prospectus dated February 6, 2014 with respect to the Notes.