Amendments to the Indenture Clause Samples
Amendments to the Indenture. (a) The Indenture shall hereby be amended by deleting the following Sections or clauses of the Indenture and all references and definitions related thereto in their entirety, except to the extent otherwise provided below, and these Sections and clauses shall be of no further force and effect, and shall no longer apply to the Notes, and the words “[INTENTIONALLY DELETED]” shall be inserted, in each case, in place of the deleted text: Clauses (5), (6) and (7) of Section 501 (Events of Default) Section 1005 and Section 2.13(h) of the Second Supplemental Indenture (Reports) Section 1006 (Limitation on Liens) Section 1007 (Additional Subsidiary Guarantees) Section 1008 (Limitation on Sale and Leasebacks) Section 1010 (Organizational Existence) Section 2.8(b) of the First Supplemental Indenture and Second Supplemental Indenture (Rights of Holders to Require Repurchase of Notes) (relating to change of control and ratings decline)
(b) Section 801 of the Indenture (Merger or Transfer of Assets Only on Certain Terms) is hereby deleted and replaced in its entirety by the following: “The Company shall not consolidate or merge with or into another Person unless the Person formed by or surviving any such consolidation or merger (if other than the Company) assumes all the obligations of the Company pursuant to a supplemental indenture in form reasonably satisfactory to the Trustee, under the Notes and this Indenture.”
(c) The failure to comply with the terms of any of the Sections or Clauses of the Indenture set forth in clause (a) and (b) above shall no longer constitute a Default or Event of Default under the Indenture with respect to the Notes and shall no longer have any consequence under the Indenture.
(d) For the avoidance of doubt, Clauses (5), (6) and (7) of Section 501 (Events of Default) of the Indenture shall no longer apply to the Notes and the occurrence of the events described in Sections 501(5), (6) and (7) of the Indenture shall no longer constitute an Event of Default with respect to the Notes.
Amendments to the Indenture. The Indenture is hereby amended by:
(i) deleting the following sections of the Indenture and all references thereto in the Indenture in their entirety:
Amendments to the Indenture. The Indenture is hereby amended by:
a. adding the following new definitions to Section 1.01 in appropriate alphabetical order:
Amendments to the Indenture. SECTION 201.
Amendments to the Indenture. The Indenture is hereby amended as it relates to the Notes to delete the following sections in their entirety, and, in the case of each such section, insert in lieu thereof the phrase “[Intentionally Omitted]” and any and all references thereto (including any definitions the references to which would be eliminated as a result of such deletions), and any and all obligations thereunder, and any events of default related thereto are hereby deleted throughout the Indenture as they relate to the Notes and such sections and references shall be of no further force or effect as they relate to the Notes:
(1) Section 4.03 entitled “Reports”;
(2) Section 4.07 entitled “Restricted Payments”;
(3) Section 4.08 entitled “Dividend and Other Payment Restrictions Affecting Subsidiaries”;
(4) Section 4.09 entitled “Incurrence of Indebtedness and Issuance of Disqualified Equity”;
(5) Section 4.10 entitled “Asset Sales”;
(6) Section 4.11 entitled “Transactions with Affiliates”;
(7) Section 4.12 entitled “Liens”;
(8) Section 4.13 entitled “Limitations on Finance Corp. Activities”;
(9) Section 4.15 entitled “Offer to Repurchase Upon Change of Control;
(10) Section 4.16 entitled “Additional Guarantees”;
(11) Clause (4) of Section 5.01 entitled “Merger, Consolidation or Sale of Assets”; and
(12) Clauses (3), (4), (5), (6), (7) and (10) of Section 6.01 entitled “Events of Default”.
Amendments to the Indenture. As of the date hereof, the Indenture is hereby amended to delete the stricken text (indicated textually in the same manner as the following example: stricken text) and to add the bold and double-underlined text (indicated textually in the same manner as the following example: bold and double-underlined text) as set forth on the Indenture attached as Appendix A hereto.
Amendments to the Indenture. (a) The Indenture shall hereby be amended by deleting the following Sections or clauses of the Indenture and all references and definitions related thereto in their entirety, except to the extent otherwise provided below, and these Sections and clauses shall be of no further force and effect, and shall no longer apply to the Notes, and the words “[INTENTIONALLY DELETED]” shall be inserted, in each case, in place of the deleted text:
Amendments to the Indenture. On the Operative Date (as hereinafter defined) the Indenture is amended as set forth herein with respect to the Series A Notes.
(a) Section 3.1 of the Indenture is hereby amended by deleting it in its entirety and inserting in lieu thereof “[Intentionally Deleted.]”.
(b) Section 3.2 of the Indenture is hereby amended by deleting it in its entirety and inserting in lieu thereof “[Intentionally Deleted.]”.
(c) Section 3.3 of the Indenture is hereby amended by deleting it in its entirety and inserting in lieu thereof “[Intentionally Deleted.]”.
(d) Section 3.4 of the Indenture is hereby amended by deleting it in its entirety and inserting in lieu thereof “[Intentionally Deleted.]”.
(e) Section 3.5 of the Indenture is hereby amended by deleting it in its entirety and inserting in lieu thereof “[Intentionally Deleted.]”.
(f) Section 3.6 of the Indenture is hereby amended by deleting it in its entirety and inserting in lieu thereof “[Intentionally Deleted.]”.
(g) Section 3.7 of the Indenture is hereby amended by deleting it in its entirety and inserting in lieu thereof “[Intentionally Deleted.]”.
(h) Section 3.8 of the Indenture is hereby amended by deleting it in its entirety and inserting in lieu thereof “[Intentionally Deleted.]”.
(i) Section 3.9 of the Indenture is hereby amended by deleting it in its entirety and inserting in lieu thereof “[Intentionally Deleted.]”.
(j) Section 3.13 of the Indenture is hereby amended by deleting it in its entirety and inserting in lieu thereof “[Intentionally Deleted.]”.
(k) Section 3.14 of the Indenture is hereby amended by deleting it in its entirety and inserting in lieu thereof “[Intentionally Deleted.]”.
(l) Section 3.15 of the Indenture is hereby amended by deleting it in its entirety and inserting in lieu thereof “[Intentionally Deleted.]”.
(m) Section 3.16 of the Indenture is hereby amended by deleting it in its entirety and inserting in lieu thereof “[Intentionally Deleted.]”.
(n) Section 3.17 of the Indenture is hereby amended by deleting it in its entirety and inserting in lieu thereof “[Intentionally Deleted.]”.
(o) Section 3.18 of the Indenture is hereby amended by deleting it in its entirety and inserting in lieu thereof “[Intentionally Deleted.]”.
(p) Section 3.19 of the Indenture is hereby amended by deleting it in its entirety and inserting in lieu thereof “[Intentionally Deleted.]”.
(q) Section 3.20 of the Indenture is hereby amended by deleting it in its entirety and inserting in lieu thereof “[Intentiona...
Amendments to the Indenture. (a) Section 1.01 of the Indenture is amended to replace the definition of “Guarantor” and add the new defined term “Parent Guarantor” in its proper alphabetical location as follows:
Amendments to the Indenture. The Indenture is hereby amended by:
(i) deleting the following sections of the Indenture and all references thereto in the Indenture in their entirety: · Section 4.03 (Reports) · Section 4.04 (Compliance Certificate) · Section 4.05 (Taxes) · Section 4.06 (Stay, Extension and Usury Laws) [[NYCORP:3025596v2:4635A:10/22/07--10:57 a]] · Section 4.07 (Restricted Payments) · Section 4.08 (Dividend and Other Payment Restrictions Affecting Subsidiaries) · Section 4.09 (Incurrence of Indebtedness and Issuance of Preferred Stock) · Section 4.10 (Asset Sales) · Section 4.11 (Transactions with Affiliates) · Section 4.12 (Liens) · Section 4.13 (Business Activities) · Section 4.14 (Corporate Existence) · Section 4.15 (Offer to Repurchase Upon Change of Control) · Section 4.16 (Limitation on Sale and Leaseback Transactions) · Section 4.17 (Payments for Consents) · Section 4.18 (Future Subsidiary Guarantees) · Section 4.19 (Designation of Restricted and Unrestricted Securities) · Section 4.20 (Changes in Covenants when Notes Rated Investment Grade) · Section 5.01 (Exchange, Consolidation or Sale of Assets) · Section 5.02 (Successor Corporation Substituted) · Section 10.04 (Guarantors May Consolidate, etc. on Certain Terms) · Section 6.01(3), Section 6.01(4), Section 6.01(5), Section 6.01(6), Section 6.01(7), Section 6.01(8), Section 6.01(9) and Section 6.01(10) (Events of Default).