Common use of Certain Amendments to the Indenture Clause in Contracts

Certain Amendments to the Indenture. The Indenture with respect to the Notes is hereby amended as follows: (a) Section 3.5 (Certificate of the Issuer); Section 3.9 (Limitation on Liens); Section 3.10 (Limitation on Sale and Lease-Back); and Section 8.1 of the Base Indenture (Issuer May Consolidate, etc. on Certain Terms) of the Base Indenture shall no longer apply to the Notes; Section 4.1 (Change of Control) of the Existing Supplemental Indenture shall no longer apply to the Notes; (c) The failure to comply with the terms of any of the Sections of the Base Indenture and Existing Supplemental Indenture set forth in clauses (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 with respect to the Notes; (d) Section 3.7 of the Base Indenture (Reports by the Issuer) is hereby amended by adding the following as the new penultimate paragraph: “Notwithstanding anything to the contrary contained herein, so long as Becton, ▇▇▇▇▇▇▇▇▇ and Company (“BD”) continues to own, directly or indirectly, at least 50% of the Voting Stock of the Issuer, the filing by BD of its quarterly reports on Form 10-Q, annual reports on Form 10-K and current reports on Form 8-K with the Commission or on BD’s website will be deemed to satisfy the obligations of the Issuer under this reporting covenant”; (e) Clause (d) of Section 4.1 (Events of Default) of the Base Indenture and all references thereto in the Indenture shall no longer apply to the Notes and the occurrence of the events described in clause (d) of Section 4.1 of the Base Indenture shall no longer constitute an Event of Default with respect to the Notes; (f) all definitions set forth in Section 1.1 of the Base Indenture and Section 1.1 of the Existing Supplemental Indenture that relate to defined terms used solely in sections that are no longer applicable to the Notes are also no longer applicable to the Notes; (g) all references to Sections of the Indenture amended by this Supplemental Indenture shall be to such Sections as amended by this Supplemental Indenture.

Appears in 1 contract

Sources: Supplemental Indenture (Becton Dickinson & Co)

Certain Amendments to the Indenture. The Indenture with respect to the each series of Notes is hereby amended as follows: (a) Section 3.5 (Certificate of the Issuer); Section 3.9 (Limitation on Liens); Section 3.10 (Limitation on Sale and Lease-Back); and Section 8.1 of the Base Indenture (Issuer May Consolidate, etc. on Certain Terms) of the Base Indenture shall no longer apply to the Notes; Section 4.1 (Change of Control) of the each Existing Supplemental Indenture shall no longer apply to the applicable Notes; (c) The failure to comply with the terms of any of the Sections of the Base Indenture and each Existing Supplemental Indenture set forth in clauses (a) and (b) above shall no longer constitute a Default or Event of Default under the Indenture with respect to the applicable series of Notes and shall no longer have any consequence under the Indenture with respect to the such series of Notes; (d) Section 3.7 of the Base Indenture (Reports by the Issuer) is hereby amended by adding the following as the new penultimate paragraph: “Notwithstanding anything to the contrary contained herein, so long as Becton, ▇▇▇▇▇▇▇▇▇ and Company (“BD”) continues to own, directly or indirectly, at least 50% of the Voting Stock of the Issuer, the filing by BD of its quarterly reports on Form 10-Q, annual reports on Form 10-K and current reports on Form 8-K with the Commission or on BD’s website will be deemed to satisfy the obligations of the Issuer under this reporting covenant”; (e) Clause (d) of Section 4.1 (Events of Default) of the Base Indenture and all references thereto in the Indenture shall no longer apply to the any series of Notes and the occurrence of the events described in clause (d) of Section 4.1 of the Base Indenture shall no longer constitute an Event of Default with respect to the such Notes; (f) all definitions set forth in Section 1.1 of the Base Indenture and Section 1.1 of each of the Existing Supplemental Indenture Indentures that relate to defined terms used solely in sections that are no longer applicable to the any series of Notes are also no longer applicable to the such Notes; (g) all references to Sections of the Indenture amended by this Fourth Supplemental Indenture shall be to such Sections as amended by this Fourth Supplemental Indenture.

Appears in 1 contract

Sources: Fourth Supplemental Indenture (Becton Dickinson & Co)

Certain Amendments to the Indenture. The Indenture Solely with respect to the Notes Notes, the Indenture is hereby amended as follows: (a) each of Section 3.5 4.06 (Certificate of the IssuerRestrictions on Secured Debt); , Section 3.9 4.07 (Limitation on Liens); Section 3.10 (Limitation Restrictions on Sale and Lease-BackBack Transactions); , Section 4.08 (Reports to Holders), Section 4.09 (Statement by Officers as to Default), clause (a) of Section 5.01 (Consolidation, Merger and Sale of Assets), and clauses (d) and (e) of Section 8.1 of 9.02 (Conditions to Defeasance) in the Base Indenture (Issuer May Consolidate, etc. on Certain Terms) of the Base Indenture shall no longer apply to the Notes; Section 4.1 (Change of Control) of the Existing Supplemental Indenture shall no longer apply to the Notesis hereby deleted in its entirety and replaced with “[Intentionally Omitted]”; (cb) The the failure to comply with the terms of any of the Sections of the Base Indenture and Existing Supplemental Indenture provisions set forth in clauses clause (a) and (b) above shall no longer constitute a Default or an Event of Default under the Indenture with respect to the Notes and shall no longer have any other consequence under the Indenture with respect to the NotesIndenture; (dc) Section 3.7 each of the Base Indenture clauses (Reports by the Issuer3), (4) is hereby amended by adding the following as the new penultimate paragraph: “Notwithstanding anything to the contrary contained herein, so long as Becton, ▇▇▇▇▇▇▇▇▇ and Company (“BD”) continues to own, directly or indirectly, at least 50% of the Voting Stock of the Issuer, the filing by BD of its quarterly reports on Form 10-Q, annual reports on Form 10-K and current reports on Form 8-K with the Commission or on BD’s website will be deemed to satisfy the obligations of the Issuer under this reporting covenant”; (e) Clause (d5) of Section 4.1 6.01 (Events of Default) of in the Base Indenture is hereby deleted in its entirety and all references thereto in the Indenture shall no longer apply to the Notes replaced with “[Intentionally Omitted]” and the occurrence of the events described in clause such clauses (d3), (4) of Section 4.1 of the Base Indenture and (5) shall no longer constitute an Event Events of Default with respect to the NotesDefault; (fd) all definitions set forth in Section 1.1 1.01 of the Base Indenture and Section 1.1 of the Existing Supplemental Indenture that relate to defined terms used solely in sections that deleted by this Eleventh Supplemental Indenture are no longer applicable to the Notes are also no longer applicable to the Noteshereby deleted in their entirety; (ge) all references to Sections of the Indenture amended by this Eleventh Supplemental Indenture shall be to mean such Sections Section as amended by this Eleventh Supplemental Indenture; (f) all references to Sections of the Indenture deleted pursuant to this Eleventh Supplemental Indenture are hereby deleted in their entirety in the Indenture; and (g) all references to or descriptions of Sections of the Indenture deleted pursuant to this Eleventh Supplemental Indenture are hereby deleted in their entirety from the Notes.

Appears in 1 contract

Sources: Eleventh Supplemental Indenture (RR Donnelley & Sons Co)

Certain Amendments to the Indenture. The Indenture with respect to the Notes is hereby amended as follows: (a) Section 3.5 (Certificate of the Issuer); Section 3.9 (Limitation on Liens); Section 3.10 (Limitation on Sale and Lease-Back); and Section 8.1 of the Base Indenture (Issuer May Consolidate, etc. on Certain Terms) of the Base Indenture shall no longer apply to the Notes; Section 4.1 (Change of Control) of the Existing Supplemental Indenture shall no longer apply to the Notes; (c) The failure to comply with the terms of any of the Sections of the Base Indenture and Existing Supplemental Indenture set forth in clauses (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 with respect to the Notes; (d) Section 3.7 of the Base Indenture (Reports by the Issuer) is hereby amended by adding the following as the new penultimate paragraph: “Notwithstanding anything to the contrary contained herein, so long as Becton, ▇▇▇▇▇▇▇▇▇ and Company (“BD”) continues to own, directly or indirectly, at least 50% of the Voting Stock of the Issuer, the filing by BD of its quarterly reports on Form 10-Q, annual reports on Form 10-K and current reports on Form 8-K with the Commission or on BD’s website will be deemed to satisfy the obligations of the Issuer under this reporting covenant”; (e) Clause (d) of Section 4.1 (Events of Default) of the Base Indenture and all references thereto in the Indenture shall no longer apply to the Notes and the occurrence of the events described in clause (d) of Section 4.1 of the Base Indenture shall no longer constitute an Event of Default with respect to the Notes; (f) all definitions set forth in Section 1.1 of the Base Indenture and Section 1.1 of the Existing Supplemental Indenture that relate to defined terms used solely in sections that are no longer applicable to the Notes are also no longer applicable to the Notes; (g) all references to Sections of the Indenture amended by this Supplemental Indenture shall be to such Sections as amended by this Supplemental Indenture.

Appears in 1 contract

Sources: Supplemental Indenture (Becton Dickinson & Co)