Common use of Certain References and Obligations Clause in Contracts

Certain References and Obligations. Notwithstanding ---------------------------------- any provision to the contrary contained herein, (a) Sections 8.02 and 8.03 shall be deemed amended to provide that any reference to, or right or obligation of the Owner Trustee contained in any such Section shall after the Relevant Date be deemed to be a reference to, or right or obligation of MTFC and (b) Section 8.02 shall be deemed amended to provide that any reference to the Charterer or the Owner Participant contained in such Section shall be deemed to be deleted. (I) (I) Sections 9.02(a), 9.02(b) and 9.02(c) of the Indenture shall read as follows: (a) [Intentionally Omitted] (b) Except as provided in Section 9.01 or 9.02(c) or 9.02(d), at any time and from time to time, with the written consent of a Majority in Interest of Holders of Notes and, whether or not an Indenture Event of Default exists, upon the written consent of MTFC, the Indenture Trustee (x) shall execute an amendment or supplement to this Indenture for the purpose of adding provisions to, or changing in any manner or eliminating any of the provisions of, this Indenture or (y) shall execute an amendment or supplement to, or give a consent, waiver, authorization or approval, for the purposes of adding any provisions to or changing in any manner or eliminating any of the provisions of, the Participation Agreement; provided, however, that no such amendment or -------- ------- supplement to this Indenture, or consent, waiver, authorization, approval, amendment or supplement to the Participation Agreement shall, without the consent of each Holder of a Secured Note then Outstanding: (i) change the stated maturity of the principal of, or any installment of interest on, or the amount of any payment upon any mandatory or optional repayment, purchase or redemption of any Secured Note, or change the principal amount thereof or any other amount payable in respect thereof or reduce the Make-Whole Amount, if any, or interest thereon, or change the place of payment where, or the coin or currency in which, any Secured Note or the interest thereon is payable; (ii) permit the creation of any Lien on the Indenture Estate not otherwise permitted hereunder or deprive any Holder of the benefit of the Lien of this Indenture upon the Indenture Estate, or any portion thereof, for the security of its Secured Notes; (iii) change the percentage of the aggregate principal amount of Secured Notes required to take or approve any action hereunder or any other Operative Document or to waive compliance therewith; (iv) modify the definitions of "Indenture Default", "Indenture Event of Default" or "Majority in Interest of Holders of Notes";

Certain References and Obligations. Notwithstanding ---------------------------------- any provision to the contrary contained herein, (a) Sections 8.02 and 8.03 shall be deemed amended to provide that any reference to, or right or obligation of the Owner Trustee contained in any such Section shall after the Relevant Date be deemed to be a reference to, or right or obligation of MTFC MCFT and (b) Section 8.02 shall be deemed amended to provide that any reference to the Charterer Lessee or the Owner Participant contained in such Section shall be deemed to be deleted. (I) (I) Sections 9.02(a), 9.02(b) and 9.02(c) of the Indenture shall read as follows: (a) [Intentionally Omitted] (b) Except as provided in Section 9.01 or 9.02(c) or 9.02(d), at any time and from time to time, with the written consent of a Majority in Interest of Holders of Notes and, whether or not an Indenture Event of Default exists, upon the written consent of MTFCMCFT, the Indenture Trustee (x) shall execute an amendment or supplement to this Indenture for the purpose of adding provisions to, or changing in any manner or eliminating any of the provisions of, this Indenture or (y) shall execute an amendment or supplement to, or give a consent, waiver, authorization or approval, for the purposes of adding any provisions to or changing in any manner or eliminating any of the provisions of, the Participation Agreement; provided, -------- however, that no such amendment or -------- ------- supplement to this Indenture, or consent, ------- waiver, authorization, approval, amendment or supplement to the Participation Agreement shall, without the consent of each Holder of a Secured Note then Outstanding: (i) change the stated maturity of the principal of, or any installment of interest on, or the amount of any payment upon any mandatory or optional repayment, purchase or redemption of any Secured Note, or change the principal amount thereof or any other amount payable in respect thereof or reduce the Make-Whole Amount, if any, or interest thereon, or change the place of payment where, or the coin or currency in which, any Secured Note or the interest thereon is payable; (ii) permit the creation of any Lien on the Indenture Estate not otherwise permitted hereunder or deprive any Holder of the benefit of the Lien of this Indenture upon the Indenture Estate, or any portion thereof, for the security of its Secured Notes; (iii) change the percentage of the aggregate principal amount of Secured Notes required to take or approve any action hereunder or any other Operative Document or to waive compliance therewithDocument; (iv) modify the definitions of "Indenture Default", "Indenture Event of Default" or "Majority in Interest of Holders of Notes";