Common use of Revocation and Effect of Consents and Waivers Clause in Contracts

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date the amendment or waiver becomes effective. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the Trustee. (b) The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.

Appears in 10 contracts

Sources: Indenture (MSCI Inc.), Indenture (MSCI Inc.), Indenture (MSCI Inc.)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment amendment, supplement or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date the amendment amendment, supplement or waiver becomes effective. After an amendment amendment, supplement or waiver becomes effective, it shall bind every Holder, except as otherwise provided in this Article IX. An amendment amendment, supplement or waiver becomes shall become effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the Trusteewritten consents under Section 9.2. (b) The Company may, but shall not be obligated to, fix a record date, which need not be the date provided in TIA § 316(c) to the extent it would otherwise be applicable, for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 90 days after such record date.

Appears in 9 contracts

Sources: Indenture (Homex Development Corp.), Indenture (Homex Development Corp.), Indenture (Southwestern Energy Co)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date the amendment or waiver becomes effective. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the Trustee. (b) . The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. Such record date shall be a date not more than 30 days prior to the first solicitation of Holders generally in connection therewith and no later than the date such solicitation is completed. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 180 days after such record date. For all purposes of this Indenture, all Initial Notes and Additional Notes shall vote together as one series of Notes under this Indenture.

Appears in 7 contracts

Sources: Indenture (Amc Entertainment Holdings, Inc.), Indenture (Amc Entertainment Holdings, Inc.), Indenture (Amc Entertainment Holdings, Inc.)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment amendment, supplement or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date the amendment amendment, supplement or waiver becomes effective. After an amendment amendment, supplement or waiver becomes effective, it shall bind every Holder, except as otherwise provided in this Article IX. An amendment amendment, supplement or waiver becomes under Section 9.2 shall become effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the Trusteewritten consents under Section 9.2. (b) The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 90 days after such record date.

Appears in 6 contracts

Sources: Indenture (Arcos Dorados Holdings Inc.), Indenture (Andina Bottling Co Inc), Indenture (VM Holding S.A.)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note Security shall bind the Holder and every subsequent Holder of that Note Security or portion of the Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent or waiver is not made on the NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note Security or portion of the Note Security if the Trustee receives the notice of revocation before the date the amendment or waiver becomes effective. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the Trustee. (b) The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraphSection 9.03(a), those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.

Appears in 6 contracts

Sources: Indenture (NCR Corp), Indenture (NCR Corp), Indenture (NCR Corp)

Revocation and Effect of Consents and Waivers. (a) A written consent to an amendment or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note Notes that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the its Note if the Trustee receives the written notice of revocation before the date the amendment amendment, supplement or waiver becomes effective. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Company Issuer or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreementsupplemental indenture) by the Company Issuer and the Trustee. (b) The Company Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their written consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraphSection 9.03(a) hereof, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.

Appears in 5 contracts

Sources: Indenture (Altice USA, Inc.), Indenture (Altice USA, Inc.), Indenture (Altice USA, Inc.)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the Trustees receive written notice of revocation at the Corporate Trust Office of the U.S. Trustee before the date the amendment or waiver becomes effective. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Company or the Trustee Trustees of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the TrusteeTrustees. (b) The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.

Appears in 5 contracts

Sources: Indenture (Open Text Corp), Indenture (Open Text Corp), Indenture (Open Text Corp)

Revocation and Effect of Consents and Waivers. (a) A Until an amendment, waiver, modification or supplement becomes effective, a consent to an amendment or a waiver it by a Holder of is a Note shall bind continuing consent by the Holder and every subsequent Holder of that a Note or portion of the a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent amendment, waiver, modification or waiver supplement is not made on the any Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s its Note or any portion of the its Note if by notice to the Trustee receives and the notice of revocation Parent Guarantor received before the date the amendment on which such amendment, supplement, modification or waiver becomes effective. After an amendment or waiver becomes effectiveAn amendment, it shall bind every Holder. An amendment supplement, modification or waiver becomes effective upon in accordance with the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the Trustee. (b) terms thereof. The Company Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above in this Article 9 or required or otherwise permitted to be given or taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at the close of business on such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such any consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent or action shall be valid or effective for more than 120 days after such record date. After an amendment, supplement, modification or waiver becomes effective, it shall be conclusive and binding on every Holder.

Appears in 5 contracts

Sources: Indenture (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Indenture (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Indenture (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment amendment, supplement or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date the amendment amendment, supplement or waiver becomes effective. After an amendment amendment, supplement or waiver becomes effective, it shall bind every Holder, except as otherwise provided in this Article IX. An amendment amendment, supplement or waiver becomes shall become effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the Trusteewritten consents under Section 9.2. (b) The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 90 days after such record date.

Appears in 4 contracts

Sources: Indenture (Cemex Sab De Cv), Indenture (Cemex Sab De Cv), Indenture (Cemex Sab De Cv)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment amendment, supplement or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date the amendment amendment, supplement or waiver becomes effective. After an amendment or waiver becomes effective, it shall bind every HolderNoteholder. An amendment amendment, supplement or waiver becomes effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the Trustee. (b) . The Company Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders Noteholders entitled to give their consent or take any other action described above in this Section 9.04 or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders Noteholders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.

Appears in 4 contracts

Sources: Indenture (MARRIOTT VACATIONS WORLDWIDE Corp), Indenture (MARRIOTT VACATIONS WORLDWIDE Corp), Indenture (MARRIOTT VACATIONS WORLDWIDE Corp)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date the amendment or waiver becomes effective. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes made pursuant to Section 8.02(l) shall become effective upon the (i) receipt by the Company or the Trustee of the requisite number of written consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the Trustee. (b) . The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this the Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be become valid or effective for more than 120 days after such record date.

Appears in 4 contracts

Sources: Supplemental Indenture, Supplemental Indenture, Supplemental Indenture (Prospect Capital Corp)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a supplement or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s 's Note or portion of the Note if the Trustee receives the notice of revocation before the date the amendment amendment, a supplement or waiver becomes effective. After an amendment amendment, a supplement or waiver becomes effective, it shall bind every Holder. An amendment amendment, a supplement or waiver becomes shall become effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the Trusteewritten consents under Section 9.2. (b) The Company may, but shall not be obligated to, fix a record date, which need not be the date provided in 316(c) of the TIA to the extent it would otherwise be applicable, for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be become valid or effective for more than 120 90 days after such record datedate or, if none is set, after the date given.

Appears in 4 contracts

Sources: Indenture (Baron Wire & Cable Corp.), Indenture (CCI International, Inc.), Indenture (Movie Gallery Inc)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note Security shall bind the Holder and every subsequent Holder of that Note Security or portion of the Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent or waiver is not made on the NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note Security or portion of the Note Security if the Trustee receives the notice of revocation before the date the amendment or waiver becomes effective. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the once (i) receipt the requisite number of consents have been received by the Company or the Trustee of the requisite number of consents, and (ii) satisfaction in the case of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing an amendment, such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) has been executed by the Company and the Trustee. (b) . The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record datedate unless consents from holders of the principal amount of Securities required hereunder to give such consent or take such action shall have also been given and not revoked within such 120-day period.

Appears in 4 contracts

Sources: Indenture (Viavi Solutions Inc.), Indenture (Viavi Solutions Inc.), Indenture (Viavi Solutions Inc.)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment amendment, supplement or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the such Note if the Trustee receives the notice of revocation before the date the amendment amendment, supplement or waiver becomes effective. After an amendment amendment, supplement or waiver becomes effective, it shall bind every Holder, except as otherwise provided in this Article IX. An amendment amendment, supplement or waiver becomes shall become effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the Trusteewritten consents under Section 9.2. (b) The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 90 days after such record date.

Appears in 3 contracts

Sources: Indenture (Stagwell Inc), Indenture (MDC Partners Inc), Indenture (MDC Partners Inc)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment amendment, supplement or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any Any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date the amendment amendment, supplement or waiver becomes effectiveeffective or otherwise in accordance with any related solicitation documents. After an amendment amendment, supplement or waiver becomes effective, it shall bind every Noteholder unless it makes a change described in any of clauses (1) through (8) of Section 9.2, and in that case the amendment, supplement, waiver or other action shall bind each Noteholder who has consented to it and every subsequent Noteholder that evidences the same debt as the consenting Holder’s Notes. An amendment amendment, supplement or waiver becomes under Section 9.2 shall become effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction and in relation to any Notes evidenced by Global Notes, such consents need not be in written form and may be evidenced by any electronic transmissions that comport with the applicable procedures of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the Trustee. (b) DTC. The Company Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders Noteholders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders Noteholders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be become valid or effective for more than 120 days after such record date.

Appears in 3 contracts

Sources: Indenture (ANTERO RESOURCES Corp), Indenture (ANTERO RESOURCES Corp), Indenture (ANTERO RESOURCES Corp)

Revocation and Effect of Consents and Waivers. (a) A written consent to an amendment or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note Notes that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the its Note if the Trustee receives the written notice of revocation before the date the amendment amendment, supplement or waiver becomes effective. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Company Issuers or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreementsupplemental indenture) by the Company Issuers and the Trustee. (b) The Company Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their written consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraphSection 9.03(a) hereof, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.

Appears in 3 contracts

Sources: Indenture (Altice USA, Inc.), Indenture (Altice USA, Inc.), Indenture (Altice USA, Inc.)

Revocation and Effect of Consents and Waivers. (a) A Until an amendment, waiver, modification or supplement becomes effective, a consent to an amendment or a waiver it by a Holder of is a Note shall bind continuing consent by the Holder and every subsequent Holder of that a Note or portion of the a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent amendment, waiver, modification or waiver supplement is not made on the any Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s its Note or any portion of the its Note if by written notice to the Trustee receives and the notice of revocation Company received before the date the amendment on which such amendment, supplement, modification or waiver becomes effective. After an amendment or waiver becomes effectiveAn amendment, it shall bind every Holder. An amendment supplement, modification or waiver becomes effective upon in accordance with the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the Trustee. (b) terms thereof. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above in this Article 9 or required or otherwise permitted to be given or taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at the close of business on such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such any consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent or action shall be valid or effective for more than 120 days after such record date. After an amendment, supplement, modification or waiver becomes effective, it shall be conclusive and binding on every Holder.

Appears in 3 contracts

Sources: Indenture (Rithm Capital Corp.), Indenture (Rithm Capital Corp.), Indenture (New Residential Investment Corp.)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment amendment, supplement or a waiver by a Holder of a Note Security shall bind the Holder and every subsequent Holder of that Note Security or portion of the Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent or waiver is not made on the NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note Security or portion of the Note Security if the Trustee receives the notice of revocation before the date the amendment amendment, supplement or waiver becomes effective. After an amendment or waiver becomes effective, it shall bind every HolderSecurityholder unless it makes a change described in clauses (1) through (9) of Section 9.2, in which case the amendment, supplement or waiver or other action shall bind each Securityholder who has consented to it and every subsequent Securityholder that evidences the same debt as the consenting Securityholder’s Securities. An amendment or waiver becomes made pursuant to Section 9.2 shall become effective upon the (i) receipt by the Company or the Trustee of the requisite number of written consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the Trustee. (b) . The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders Securityholders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders Securityholders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be become valid or effective for more than 120 days after such record date.

Appears in 3 contracts

Sources: Indenture (NBC Acquisition Corp), Indenture (New Nebraska Book Company, Inc.), Indenture (Nebraska Book Co)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date on which the amendment or waiver becomes effectiveTrustee receives an Officers’ Certificate from the Company certifying that the requisite number of consents have been received. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreementsupplemental indenture) by the Company and the Trustee. (b) The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.

Appears in 3 contracts

Sources: Indenture (Cincinnati Bell Inc), Indenture (Cincinnati Bell Inc), Indenture (Cincinnati Bell Inc)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note Security shall bind the Holder and every subsequent Holder of that Note Security or portion of the Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent or waiver is not made on the NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note Security or portion of the Note Security if the Trustee receives the notice of revocation before the date the amendment or waiver becomes effective. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the Trustee. (b) The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraphSection 9.04(a), those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.

Appears in 3 contracts

Sources: Indenture (Neustar Inc), Indenture (NCR Corp), Indenture (NCR Corp)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s 's Note or portion of the Note if the Trustee receives the notice of revocation before the date the amendment or waiver becomes effective. After an amendment or waiver becomes effective, it shall bind every HolderNoteholder. An amendment or waiver becomes effective upon the once both (i) receipt the requisite number of consents have been received by the Company or the Trustee of the requisite number of consents, and (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) has been executed by the Company and the Trustee. (b) . The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders Noteholders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders Noteholders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.

Appears in 3 contracts

Sources: Indenture (Magellan Health Services Inc), Indenture (Magellan Health Services Inc), Indenture (Magellan Health Services Inc)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment amendment, supplement or a waiver by a Holder of a Note Security shall bind the Holder and every subsequent Holder of that Note Security or portion of the Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent or waiver is not made on the NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note Security or portion of the Note Security if the Trustee receives the notice of revocation before the date the amendment amendment, supplement or waiver becomes effective. After an amendment amendment, supplement or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the Holder unless it makes a change described in clauses (i) through (x) of Section 9.2, in which case the amendment, supplement or waiver or other action shall bind each Holder who has consented to it and every subsequent Holder that evidences the same debt as the consenting Holder’s Securities. An amendment, supplement or waiver made pursuant to Section 9.2 shall become effective upon receipt by the Company or the Trustee of the requisite number of written consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the Trustee. (b) . The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be become valid or effective for more than 120 days after such record date.

Appears in 3 contracts

Sources: Indenture (Pico Holdings Inc /New), Indenture (UCP, Inc.), Indenture (Brunswick Corp)

Revocation and Effect of Consents and Waivers. (a) A Until an amendment, supplement, waiver or other action becomes effective, a consent to an amendment or a waiver it by a Holder of a Note shall bind the is a continuing consent conclusive and binding upon such Holder and every subsequent Holder of that the same Note or portion thereof, and of any Note issued upon the Note that evidences the same debt as the consenting Holder’s Notetransfer thereof or in exchange therefor or in place thereof, even if notation of the consent or waiver is not made on the any such Note. However, any Any such Holder or subsequent Holder Holder, however, may revoke the consent or waiver as to such Holder’s his Note or portion of the Note a Note, if the Trustee receives the written notice of revocation before the date the amendment amendment, supplement, waiver or waiver other action becomes effective. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the Trustee. (b) The Company Issuers may, but shall not be obligated to, fix a record date, which need not be the date provided in TIA § 316(c) to the extent it would otherwise be applicable, for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 90 days after such record date. (c) After an amendment, supplement, waiver or other action becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (9) of Section 9.2(a) hereof. In that case, the amendment, supplement, waiver or other action shall bind each Holder who has consented to it and every subsequent Holder or portion of a Note that evidences the same debt as the consenting Holder’s Note.

Appears in 3 contracts

Sources: Indenture (Elan Corp PLC), Indenture (Elan Corp PLC), Indenture (Elan Corp PLC)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date the amendment or waiver becomes effective. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes shall become effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the Trusteewritten consents under Section 9.2. (b) The Company may, but shall not be obligated to, fix a record date, which need not be the date provided for in Section 3.16(c) of the TIA to the extent it would otherwise be applicable, for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be become valid or effective for more than 120 90 days after such record date.

Appears in 3 contracts

Sources: Indenture (Alliance One International, Inc.), Indenture (Alliance One International, Inc.), Indenture (Alliance One International, Inc.)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder holder of a Note shall bind the Holder holder and every subsequent Holder holder of that Note or portion of the Note that evidences the same debt as the consenting Holderholder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder holder or subsequent Holder holder may revoke the consent or waiver as to such Holderholder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date on which the amendment or waiver becomes effectiveTrustee receives an Officer’s Certificate from the Company certifying that the requisite principal amount of Notes have consented. After an amendment or waiver becomes effective, it shall bind every Holderholder. An amendment or waiver becomes effective upon the (i) receipt by the Company or the Trustee of consents by the holders of the requisite number principal amount of consentssecurities, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreementsupplemental indenture) by the Company and the Trustee. (b) The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders holders entitled to give their its consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders holders at such record date (or their its duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.

Appears in 3 contracts

Sources: Indenture (Caesars Entertainment, Inc.), Indenture (Caesars Entertainment, Inc.), Indenture (Caesars Entertainment, Inc.)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment amendment, supplement or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date the amendment amendment, supplement or waiver becomes effective. After an amendment amendment, supplement or waiver becomes effective, it shall bind every Holder, except as otherwise provided in this Article IX. An amendment amendment, supplement or waiver becomes shall become effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the Trusteewritten consents under Section 9.2. (b) The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 180 days after such record datedate if the requisite consent is not obtained from Holders of the applicable principal amount of Notes.

Appears in 3 contracts

Sources: Indenture, Indenture, Indenture

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date on which the amendment consent or waiver becomes effective. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Company Issuer or the Trustee of consents by the Holders of the requisite number principal amount of consentssecurities, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreementsupplemental indenture) by the Company Issuer and the Trustee. (b) The Company Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record datedate unless the consent of the requisite number of Holders has been obtained.

Appears in 3 contracts

Sources: Indenture (Capmark Finance Inc.), Indenture (Capmark Finance Inc.), Indenture (Capmark Finance Inc.)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date the amendment or waiver becomes effective. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Company Issuer or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company Issuer and the Trustee. (b) The Company Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraphSection 9.04(a), those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.

Appears in 3 contracts

Sources: Indenture (Western Digital Corp), Indenture (Western Digital Corp), Indenture

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment amendment, supplement or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date on which the amendment consent or waiver becomes effective. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment amendment, supplement or waiver becomes effective upon the (i) receipt execution of such amendment, supplement or waiver by the Company or Issuer, the Trustee of and the requisite number of consentsCollateral Agent, (ii) satisfaction of the provided that all conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing in such amendment amendment, supplement or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the Trusteehave been satisfied. (b) The Company Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record datedate unless the consent of the requisite number of Holders has been obtained.

Appears in 3 contracts

Sources: Indenture (Capmark Affordable Properties LLC), Indenture (Capmark Financial Group Inc.), Indenture

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date on which the amendment or waiver becomes effectiveTrustee receives an Officers’ Certificate from the Company certifying that the requisite number of consents have been received. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreementsupplemental indenture) by the Company and the Trustee. (b) The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraphSection 8.04(a), those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.

Appears in 2 contracts

Sources: Second Supplemental Indenture (Alliant Techsystems Inc), Supplemental Indenture (Alliant Techsystems Inc)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date the amendment or waiver becomes effective. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the once both (i) receipt by the Company or the Trustee of the requisite number of consents, consents have been received by the Issuer or the Trustee and (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) has been executed by the Company Issuer, the Guarantor and the Trustee. (b) . The Company Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 calendar days after such record date.

Appears in 2 contracts

Sources: Indenture (Nabors Industries LTD), Indenture (Nabors Industries LTD)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note Security shall bind the Holder and every subsequent Holder of that Note Security or portion of the Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent or waiver is not made on the NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note Security or portion of the Note Security if the Trustee receives the notice of revocation before the date on which the amendment or waiver becomes effectiveTrustee receives an Officers’ Certificate from the Company certifying that the requisite number of consents have been received. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreementsupplemental indenture) by the Company and the Trustee. (b) The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.

Appears in 2 contracts

Sources: Indenture (Graftech International LTD), Indenture (TRW Automotive Holdings Corp)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date the amendment or waiver becomes effective. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the Trustee. (b) . The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. Such record date shall be a date not more than 30 days prior to the first solicitation of Holders generally in connection therewith and no later than the date such solicitation is completed. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 180 days after such record date. For all purposes of this Indenture, all Notes shall vote together as one series of Notes under this Indenture.

Appears in 2 contracts

Sources: Transaction Agreement (Quantum Corp /De/), Indenture (Amc Entertainment Holdings, Inc.)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder holder of a Note shall bind the Holder holder and every subsequent Holder holder of that Note or portion of the Note that evidences the same debt as the consenting Holderholder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder holder or subsequent Holder holder may revoke the consent or waiver as to such Holderholder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date on which the amendment or waiver becomes effective. After an amendment or waiver becomes effective, it shall bind every Holderholder. An amendment or waiver becomes effective upon the (i) receipt by the Company or the Trustee of consents by the holders of the requisite number principal amount of consentssecurities, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreementsupplemental indenture) by the Company Company, the Guarantors and the Trustee. (b) The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.

Appears in 2 contracts

Sources: Indenture (WABASH NATIONAL Corp), Indenture (Wabash National Corp /De)

Revocation and Effect of Consents and Waivers. (a) Any amendment to this Agreement or the Notes shall become effective in accordance with its terms when executed and delivered by the Company provided that the Company has received the requisite consents prior thereto. The Company shall not be obligated to execute any such amendment regardless of whether such consents have been received. Any waiver shall become effective when the requisite consents have been received or such later time as the Company may elect. A consent to an amendment or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt Debt as the consenting Holder’s 's Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s 's Note or portion of the Note if the Trustee Company receives the notice of revocation before the date the amendment or waiver becomes effective. After an amendment or waiver becomes effective, it shall bind every HolderHolder of a Note. An amendment or waiver becomes effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the Trustee. (b) The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders of Notes entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this IndentureAgreement. If a record date is fixed, then then, notwithstanding the immediately preceding paragraph, those Persons persons who were Holders of Notes at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.

Appears in 2 contracts

Sources: Subordinated Note Agreement (Mobile Services Group Inc), Subordinated Note Agreement (Financial Pacific Co)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment amendment, supplement or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any Any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives and the Issuer receive the notice of revocation before the date the amendment amendment, supplement or waiver becomes effectiveeffective or otherwise in accordance with any related solicitation documents. After an amendment amendment, supplement or waiver becomes effective, it shall bind every Noteholder unless it makes a change described in any of clauses (1) through (10) of Section 9.2, and in that case the amendment, supplement, waiver or other action shall bind each Noteholder who has consented to it and every subsequent Noteholder that evidences the same debt as the consenting Holder’s Notes. An amendment amendment, supplement or waiver becomes under Section 9.2 shall become effective upon the (i) receipt by the Company or the Trustee Issuer of the requisite number of consents, (ii) satisfaction and in relation to any Notes evidenced by Global Notes, such consents need not be in written form and may be evidenced by any electronic transmissions that comport with the applicable procedures of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the Trustee. (b) DTC. The Company Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders Noteholders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders Noteholders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be become valid or effective for more than 120 days after such record date.

Appears in 2 contracts

Sources: Indenture (Ultra Petroleum Corp), Exchange Agreement (Ultra Petroleum Corp)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date on which the amendment or waiver becomes effectiveTrustee receives an Officers’ Certificate from the Company certifying that the requisite number of consents have been received. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreementsupplemental indenture) by the Company and the Trustee. (b) The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraphSection 9.04(a), those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.

Appears in 2 contracts

Sources: Indenture (Orbital Atk, Inc.), Indenture (Alliant Techsystems Inc)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment (pursuant to Section 10.02) or a waiver (pursuant to Section 7.04) by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s 's Note or portion of the Note if the Trustee receives the notice of revocation before the date on which the relevant amendment or waiver becomes effective. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Company Issuer or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreementsupplemental indenture) by the Company Issuer and the Trustee. A waiver becomes effective upon receipt by the Trustee of the notice described in Section 7.04. (b) The Company Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.

Appears in 2 contracts

Sources: Indenture (Memc Electronic Materials Inc), Indenture (Memc Electronic Materials Inc)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment amendment, supplement or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date the amendment amendment, supplement or waiver becomes effective. After an amendment or waiver becomes effective, it shall bind every HolderNoteholder. An amendment amendment, supplement or waiver becomes effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the Trustee. (b) . The Company Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders Noteholders entitled to give their consent or take any other action described above in this Section 9.04 or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders Noteholders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.

Appears in 2 contracts

Sources: Indenture (MARRIOTT VACATIONS WORLDWIDE Corp), Indenture (MARRIOTT VACATIONS WORLDWIDE Corp)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment amendment, supplement or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s 's Note or portion of the Note if the Trustee receives the notice of revocation before the date the amendment amendment, supplement or waiver becomes effective. After an amendment amendment, supplement or waiver becomes effective, it shall bind every Holder, except as otherwise provided in this Article IX. An amendment amendment, supplement or waiver becomes shall become effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the Trusteewritten consents under Section 9.2. (b) The Company may, but shall not be obligated to, fix a record date, which need not be the date provided in TIA Section 316(c) to the extent it would otherwise be applicable, for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 90 days after such record date.

Appears in 2 contracts

Sources: Indenture (Covanta Energy Corp), Indenture (Covanta Energy Corp)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment amendment, supplement or a waiver by a Holder of a Note Security shall bind the Holder and every subsequent Holder of that Note Security or portion of the Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent or waiver is not made on the NoteSecurity. However, any Any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note Security or portion of the Note Security if the Trustee receives the notice of revocation before the date the amendment amendment, supplement or waiver becomes effectiveeffective or otherwise in accordance with any related solicitation documents. After an amendment amendment, supplement or waiver becomes effective, it shall bind every Holder unless it makes a change described in any of clauses (a) through (h) of Section 10.2, in which case the amendment, supplement, waiver or other action shall bind each Holder who has consented to it and every subsequent Holder that evidences the same debt as the consenting Holder’s Securities. An amendment amendment, supplement or waiver becomes shall become effective upon the (i) receipt by the Company or the Trustee of the requisite number of consentswritten consents under Section 10.1 or Section 10.2, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the Trustee. (b) applicable. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be become valid or effective for more than 120 days after such record date.

Appears in 2 contracts

Sources: Indenture (Deluxe Corp), Indenture (Deluxe Corp)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note Security shall bind the Holder and every subsequent Holder of that Note Security or any portion of the Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent or waiver is not made on the NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note 's Security or such portion of the Note Security if the Trustee receives the notice of revocation before the date on which the amendment or waiver becomes effectiveTrustee receives an Officers' Certificate from the Company certifying that the requisite number of consents have been received. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreementsupplemental indenture) by the Company and the Trustee. (b) The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixedfixed then, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.

Appears in 2 contracts

Sources: Indenture (Kansas City Southern), Indenture (Kansas City Southern)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment amendment, supplement or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date the amendment amendment, supplement or waiver becomes effective. After an amendment amendment, supplement or waiver becomes effective, it shall bind every Holder, except as otherwise provided in this Article IX. An amendment amendment, supplement or waiver becomes shall become effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the Trusteewritten consents under Section 9.2. (b) The Company may, but shall not be obligated to, fix a record date, which need not be the date provided in Section 316(c) of the TIA to the extent it would otherwise be applicable, for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 90 days after such record date.

Appears in 2 contracts

Sources: Indenture (Mexican Cellular Holding, Inc.), Indenture (Grupo Iusacell Sa De Cv)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment amendment, supplement or a waiver by a Holder of a Note Security shall be in writing and bind the Holder and every subsequent Holder of that Note Security or portion of the Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent or waiver is not made on the NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note Security or portion of the Note Security if the Trustee receives the notice of revocation before the date the amendment amendment, supplement or waiver becomes effective. After an amendment amendment, supplement or waiver becomes effectiveeffective with respect to a series of Securities, it shall bind every HolderHolder of Securities of such series. An amendment or waiver becomes effective upon For purposes of this Indenture, the (i) receipt by the Company or the Trustee written consent of the requisite number Holder of consentsa Global Security shall be deemed to include any consent delivered by an Agent Member by electronic means in accordance with the Automated Tender Offer Procedures system or other customary procedures of, (ii) satisfaction of the conditions and pursuant to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the Trustee. (b) authorization by, DTC. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. The Trustee may, but shall not be obligated to, fix a record date for the purpose of determining the Holders of Securities of any series entitled to join in the giving, making or taking of (i) any notice pursuant to clause (4) of Section 6.01 of any Default, (ii) any declaration of acceleration pursuant to Section 6.02, (iii) any request to institute proceedings pursuant to clause (2) Section 6.06 or (iv) any direction referred to in Section 6.05, in each case with respect to such series. If a record date is so fixed, then notwithstanding the immediately second preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be become valid or effective for more than 120 180 days after such record date.

Appears in 2 contracts

Sources: Senior Indenture (Ingersoll Rand Inc.), Senior Indenture (Ingersoll Rand Inc.)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment amendment, supplement or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that such Note or portion of the such Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent or waiver is not made on the such Note. However, any ; provided that such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s 's Note or portion of the such Note if the Trustee receives the notice of revocation before the date the amendment amendment, supplement or waiver becomes effective. After an amendment amendment, supplement or waiver becomes effectiveeffective pursuant to this Article IX, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the Trustee. (b) The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 calendar days after such record date.

Appears in 2 contracts

Sources: Indenture (PLD Telekom Inc), Indenture (PLD Telekom Inc)

Revocation and Effect of Consents and Waivers. (a) A ---------------------------------------------- consent to an amendment or a waiver by a Holder of a Note Security shall bind the Holder and every subsequent Holder of that Note Security or portion of the Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent or waiver is not made on the NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note 's Security or portion of the Note Security if the Trustee receives the notice of revocation before the date on which the amendment or waiver becomes effectiveTrustee receives an Officers' Certificate from the Company certifying that the requisite number of consents have been received. After an amendment or waiver becomes effective, it shall bind every HolderSecurityholder. An amendment or waiver becomes effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreementsupplemental indenture) by the Company and the Trustee. (b) . The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders Securityholders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders Securityholders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.

Appears in 2 contracts

Sources: Indenture (Telecorp Tritel Holding Co), Indenture (Telecorp PCS Inc)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment amendment, supplement or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s 's Note or portion of the Note if the Trustee receives the notice of revocation before the date the amendment amendment, supplement or waiver becomes effective. After an amendment amendment, supplement or waiver becomes effective, it shall bind every Holder, except as otherwise provided in this Article IX. An amendment amendment, supplement or waiver becomes shall become effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the Trusteewritten consents under Section 9.2. (b) The Company may, but shall not be obligated to, fix a record date, which need not be the date provided in TIA ss. 316(c) to the extent it would otherwise be applicable, for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 90 days after such record date.

Appears in 2 contracts

Sources: Indenture (Grupo Iusacell Sa De Cv), Indenture (Grupo Iusacell Sa De Cv)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment amendment, supplement or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date the amendment amendment, supplement or waiver becomes effective. After an amendment amendment, supplement or waiver becomes effective, it shall bind every Holder. An amendment amendment, supplement or waiver becomes effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment amendment, supplement or waiver and (iii) execution of such amendment amendment, supplement or waiver (or Guarantee Agreementsupplemental indenture) by the Company and Company, the TrusteeTrustee and, as applicable, the Collateral Agent. (b) The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above in Section 9.02 or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraphSection 9.03(a), those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.

Appears in 2 contracts

Sources: Indenture (Beacon Roofing Supply Inc), Indenture (Beacon Roofing Supply Inc)

Revocation and Effect of Consents and Waivers. (a) A --------------------------------------------- consent to an amendment or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s 's Note or portion of the Note if the Trustee receives the notice of revocation before the date the amendment or waiver becomes effective. After an amendment or waiver becomes effective, it shall bind every HolderNoteholder. An amendment or waiver becomes shall become effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness written consents under Section 9.1 or 9.2 as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the Trustee. (b) applicable. ----------- --- The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders Noteholders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders Noteholders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be become valid or effective for more than 120 90 days after such record date.

Appears in 2 contracts

Sources: Indenture (Global Imaging Systems Inc), Indenture (BGF Industries Inc)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s ▇▇▇▇▇▇'s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s 's Note or portion of the Note if the Trustee receives the notice of revocation before the date the amendment or waiver becomes effective. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes shall become effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the Trusteewritten consents under Section 9.2. (b) The Company may, but shall not be obligated to, fix a record date, which need not be the date provided for in Section 3.16(c) of the TIA to the extent it would otherwise be applicable, for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be become valid or effective for more than 120 90 days after such record date.

Appears in 1 contract

Sources: Indenture Agreement (Dimon Inc)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent or waiver is not made on ▇▇▇▇ ▇n the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s 's Note or portion of the Note if the Trustee receives the notice of revocation before the date the amendment or waiver becomes effective. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes shall become effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the Trusteewritten consents under Section 9.2. (b) The Company may, but shall not be obligated to, fix a record date, which need not be the date provided for in Section 3.16(c) of the TIA to the extent it would otherwise be applicable, for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be become valid or effective for more than 120 90 days after such record date.

Appears in 1 contract

Sources: Indenture (Dimon Inc)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s NoteHold▇▇'▇ ▇ote, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s 's Note or portion of the Note if the Trustee receives the notice of revocation before the date on which the amendment or waiver becomes effectiveTrustee receives an Officers' Certificate from Holdings certifying that the requisite number of consents have been received. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Company Holdings or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreementsupplemental indenture) by the Company Holdings and the Trustee. (b) The Company Holdings may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.

Appears in 1 contract

Sources: Indenture (Maxxim Medical Inc/Tx)

Revocation and Effect of Consents and Waivers. (a) A written consent to an amendment or a waiver by a Holder of a Note holder shall bind the Holder and every subsequent Holder of that Note or portion of the Note Notes that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the written consent or waiver waivers as to such Holder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date on which the amendment or waiver becomes effectiveTrustee receives an Officer’s Certificate from the Issuer certifying that the requisite number of consents have been received. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Company Issuers or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreementsupplemental indenture) by the Company Issuers and the Trustee. (b) The Company Issuers may, but shall not be obligated obliged to, fix a record date for the purpose of determining the Holders entitled to give their written consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraphSection 9.03(a), those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.

Appears in 1 contract

Sources: Senior Secured Indenture (NXP Manufacturing (Thailand) Co., Ltd.)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note Security shall bind the Holder and every subsequent Holder of that Note Security or portion of the Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent or waiver is not made on the NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note 's Security or portion of the Note Security if the Trustee receives the notice of revocation before the date on which the amendment or waiver becomes effectiveTrustee receives an Officers' Certificate from the Company certifying that the requisite number of consents have been received. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreementsupplemental indenture) by the Company and the Trustee. (b) The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be 76 Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.

Appears in 1 contract

Sources: Indenture (Sea Coast Foods, Inc.)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment amendment, supplement or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the | consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any Any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date the amendment amendment, supplement or waiver becomes effectiveeffective or as otherwise provided in any related solicitation documents. After an amendment amendment, supplement or waiver becomes effective, it shall bind every Holder unless it makes a change described in any of clauses (1) through (10) of Section 9.2, and in that case the amendment, supplement, waiver or other action shall bind each Holder who has consented to it and every subsequent Holder that evidences the same debt as the consenting Holder’s Notes. An amendment Any consent to an amendment, supplement or waiver becomes under Section 9.2 shall become effective upon the (i) receipt by the Company or the Trustee of the requisite number amount of consents, (ii) satisfaction and in relation to any Notes evidenced by Global Notes, such consents need not be in written form and may be evidenced by any electronic transmissions that comport with the applicable procedures of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the Trustee. (b) DTC. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be become valid or effective for more than 120 days after such record date.

Appears in 1 contract

Sources: Indenture (Earthstone Energy Inc)

Revocation and Effect of Consents and Waivers. (a) A Until an amendment, supplement, waiver or other action becomes effective, a consent to an amendment or a waiver it by a Holder of a Note shall bind the is a continuing consent conclusive and binding upon such Holder and every subsequent Holder of that the same Note or portion thereof, and of any Note issued upon the Note that evidences the same debt as the consenting Holder’s Notetransfer thereof or in exchange therefor or in place thereof, even if notation of the consent or waiver is not made on the any such Note. However, any Any such Holder or subsequent Holder Holder, however, may revoke the consent or waiver as to such Holder’s his Note or portion of the Note a Note, if the Trustee receives the written notice of revocation before the date the amendment amendment, supplement, waiver or waiver other action becomes effective. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the Trustee. (b) The Company Issuers may, but shall not be obligated to, fix a record date, which need not be the date provided in TIA ss. 316(c) to the extent it would otherwise be applicable, for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 90 days after such record date. (c) After an amendment, supplement, waiver or other action becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (9) of Section 9.2(a) hereof. In that case, the amendment, supplement, waiver or other action shall bind each Holder who has consented to it and every subsequent Holder or portion of a Note that evidences the same debt as the consenting Holder's Note.

Appears in 1 contract

Sources: Indenture (Elan Corp PLC)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment amendment, supplement or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date the amendment amendment, supplement or waiver becomes effective. After an amendment amendment, supplement or waiver becomes effective, it shall bind every Holder, except as otherwise provided in this Article IX. An amendment amendment, supplement or waiver becomes under Section 9.2 shall become effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the Trusteewritten consents under Section 9.2. (b) The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 90 days after such record datedate unless the relevant action for which such consent was granted was effectively taken.

Appears in 1 contract

Sources: Indenture (Grupo Financiero Galicia Sa)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment amendment, supplement or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the such Note if the Trustee receives the notice of revocation before the date the amendment amendment, supplement or waiver becomes effective. After an amendment amendment, supplement or waiver becomes effective, it shall bind every Holder, except as otherwise provided in this Article IX. An amendment amendment, supplement or waiver becomes shall become effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the Trusteewritten consents under Section 9.2. (b) The Company may, but shall not be obligated to, fix a record date, which need not be the date provided in TIA § 316(c) to the extent it would otherwise be applicable, for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 90 days after such record date.

Appears in 1 contract

Sources: Indenture (MDC Partners Inc)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment amendment, supplement or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date the amendment amendment, supplement or waiver becomes effective. After an amendment amendment, supplement or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness except as set forth otherwise provided in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the TrusteeARTICLE IX. (b) The Company Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 90 days after such record datedate unless the relevant action for which such consent was granted was effectively taken.

Appears in 1 contract

Sources: Indenture (Grupo Financiero Galicia Sa)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment a supplemental indenture or a waiver by a Holder of a Note shall bind the such Holder and every subsequent Holder of that such Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the written notice of revocation before the date the amendment supplemental indenture or waiver becomes effective. After an amendment a supplemental indenture or waiver becomes effective, it shall bind every HolderNoteholder. An amendment Except if otherwise specified in such supplemental indenture or waiver, a supplemental indenture or waiver becomes effective upon the (i) receipt by the Company or the Trustee of once the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) consents are received by the Company and Issuer or the Trustee. (b) . The Company Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding anything to the immediately preceding paragraphcontrary in this Section 9.04, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.

Appears in 1 contract

Sources: Merger Agreement (Watson Wyatt Worldwide, Inc.)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or supplement or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date the amendment amendment, supplement or waiver becomes effective. After an amendment amendment, supplement or waiver becomes effective, it shall bind every Holder. An amendment amendment, supplement or waiver becomes effective upon the once both (i) receipt the requisite number of consents have been received by the Company or the Trustee of the requisite number of consents, and (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment amendment, supplement or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) has been executed by the Company and the Trustee. (b) The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.

Appears in 1 contract

Sources: Indenture (Advance Auto Parts Inc)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment amendment, supplement or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent or waiver is not made on the Note. However, any Any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s 's Note or portion of the Note if the Trustee receives the notice of revocation before the date the amendment amendment, supplement or waiver becomes effectiveeffective or otherwise in accordance with any related solicitation documents. After an amendment amendment, supplement or waiver becomes effective, it shall bind every Holder unless it makes a change described in any of clauses (1) through (10) of Section 9.2, in which case the amendment, supplement, waiver or other action shall bind each Holder who has consented to it and every subsequent Holder that evidences the same debt as the consenting Holder's Notes. An amendment amendment, supplement or waiver becomes shall become effective upon the (i) receipt by the Company Trustee or the Trustee Company of the requisite number of written consents, (ii) satisfaction of the conditions to effectiveness if any, under Section 9.1 or 9.2 as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the Trustee. (b) applicable. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.

Appears in 1 contract

Sources: Indenture (Columbus Energy Corp)

Revocation and Effect of Consents and Waivers. (a) A --------------------------------------------- consent to an amendment amendment, supplement or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that such Note or portion of the such Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent or waiver is not made on the such Note. However, ; provided that any such Holder or -------- subsequent Holder may revoke the consent or waiver as to such Holder’s 's Note or portion of the such Note if the Trustee receives the notice of revocation before the date the amendment amendment, supplement or waiver becomes effective. After an amendment amendment, supplement or waiver becomes effectiveeffective pursuant to this Article IX, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the Trustee. (b) The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 calendar days after such record date.

Appears in 1 contract

Sources: Indenture (Gorges Quik to Fix Foods Inc)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment amendment, supplement or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any Any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date the amendment amendment, supplement or waiver becomes effectiveeffective or otherwise in accordance with any related solicitation documents. After an amendment amendment, supplement or waiver becomes effective, it shall bind every Holder unless it makes a change described in any of clauses (1) through (8) of Section 9.2, in which case the amendment, supplement, waiver or other action shall bind each Holder who has consented to it and every subsequent Holder that evidences the same debt as the consenting Holder’s Notes. An amendment amendment, supplement or waiver becomes shall become effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness written consents under Section 9.1 or 9.2 as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the Trustee. (b) applicable. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be become valid or effective for more than 120 days after such record date.

Appears in 1 contract

Sources: Indenture (Palace Entertainment Holdings, Inc.)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or supplement or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date the amendment amendment, supplement or waiver becomes effective. After an amendment amendment, supplement or waiver becomes effective, it shall bind every Holder. An amendment amendment, supplement or waiver becomes effective upon the once both (i) receipt the requisite number of consents have been received by the Company or the Trustee of the requisite number of consents, and (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment amendment, supplement or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) has been executed by the Company and the Trustee. (b) The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this the Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.

Appears in 1 contract

Sources: Indenture (Advance Auto Parts Inc)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the Trustees receive written notice of revocation at the Corporate Trust Office of the U.S. Trustee before the date the amendment or waiver becomes effective. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Company Issuer or the Trustee Trustees of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company Issuer and the TrusteeTrustees. (b) The Company Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.

Appears in 1 contract

Sources: Indenture (Open Text Corp)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a supplement or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s 's Note or portion of the Note if the Trustee receives the notice of revocation before the date the amendment amendment, a supplement or waiver becomes effective. After an amendment amendment, a supplement or waiver becomes effective, it shall bind every Holder. An amendment amendment, a supplement or waiver becomes shall become effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the Trusteewritten consents under Section 8.2. (b) The Company may, but shall not be obligated to, fix a record date, which need not be the date provided in 316(c) of the TIA to the extent it would otherwise be applicable, for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be become valid or effective for more than 120 90 days after such record datedate or, if none is set, after the date given.

Appears in 1 contract

Sources: Indenture (JLG Industries Inc)

Revocation and Effect of Consents and Waivers. (a) A --------------------------------------------- consent to an amendment or a supplement to or waiver of this Indenture by a Holder of a Note shall bind the such Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the any consent or waiver as to such Holder’s 's Note or portion of the Note if the Trustee receives the notice of revocation before the date the amendment applicable amendment, supplement or waiver becomes effective. After an amendment amendment, supplement or waiver becomes effective, it shall bind every HolderNoteholder. An amendment amendment, supplement or waiver becomes effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment amendment, supplement or waiver (or Guarantee Agreement) by the Company and the Trustee. (b) . The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders Noteholders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders Noteholders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date. After an amendment, supplement or waiver becomes effective, it shall bind every Holder of Notes, unless it makes a change described in the second sentence of the first paragraph of Section 9.02 or the second paragraph of Section 9.02, in which case the amendment, supplement or waiver shall bind only those Noteholders which consented to it and every subsequent Holder of a Note or portion thereof which evidences the same debt as a consenting Holder's Note.

Appears in 1 contract

Sources: Indenture (Iron Age Corp)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date the amendment or waiver becomes effective. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the Trustee. (ba) The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.

Appears in 1 contract

Sources: Indenture (Verisign Inc/Ca)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note Security shall bind the Holder and every subsequent Holder of that Note Security or any portion of the Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent or waiver is not made on the NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note Security or such portion of the Note Security if the Trustee receives the notice of revocation before the date on which the amendment or waiver becomes effectiveTrustee receives an Officers’ Certificate from the Company certifying that the requisite number of consents have been received. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreementsupplemental indenture) by the Company and the Trustee. (b) The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixedfixed then, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.

Appears in 1 contract

Sources: Indenture (Kansas City Southern)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date the amendment or waiver becomes effective. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee AgreementSupplemental Indenture) by the Company and the Trustee. (b) The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraphSection 9.03(a), those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.

Appears in 1 contract

Sources: Indenture (Qnity Electronics, Inc.)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment amendment, supplement or a waiver by a Holder of a Note Security shall bind the Holder and every subsequent Holder of that Note Security or portion of the Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent or waiver is not made on the NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note Security or portion of the Note Security if the Trustee receives the notice of revocation before the date the amendment amendment, supplement or waiver becomes effective. After an amendment or waiver becomes effective, it shall bind every Holder unless it makes a change described in clauses (i) through (x) of Section 9.2, in which case the amendment, supplement or waiver or other action shall bind each Holder who has consented to it and every subsequent Holder that evidences the same debt as the consenting Holder’s Securities. An amendment or waiver becomes made pursuant to Section 9.2 shall become effective upon the (i) receipt by the Company or the Trustee of the requisite number of written consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the Trustee. (b) . The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be become valid or effective for more than 120 days after such record date.

Appears in 1 contract

Sources: Indenture (Brunswick Corp)

Revocation and Effect of Consents and Waivers. (a) A written consent to an amendment or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note Notes that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the written consent or waiver as to such Holder▇▇▇▇▇▇’s Note or portion of the Note if the Trustee receives the notice of revocation before the date on which the amendment or waiver becomes effectiveTrustee receives an Officer’s Certificate from the Company certifying that the requisite number of consents have been received. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Company Issuers or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreementsupplemental indenture) by the Company Issuers and the Trustee. (b) The Company Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their written consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraphSection 9.03(a), those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.

Appears in 1 contract

Sources: Senior Indenture (NXP Semiconductors N.V.)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment amendment, supplement or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any Any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date the amendment amendment, supplement or waiver becomes effectiveeffective or otherwise in accordance with any related solicitation documents. After an amendment amendment, supplement or waiver becomes effective, it shall bind every Holder unless it makes a change described in any of clauses (1) through (8) of Section 9.2, in which case the amendment, supplement, waiver or other action shall bind each Holder who has consented to it and every subsequent Holder of the Note(s) that evidence(s) the same debt as the consenting Holder’s Note(s). An amendment amendment, supplement or waiver becomes shall become effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness written consents under Section 9.1 or 9.2 as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the Trustee. (b) applicable. The Company Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be become valid or effective for more than 120 days after such record date.

Appears in 1 contract

Sources: Indenture (Quiksilver Inc)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date the amendment or waiver becomes effective. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the once both (i) receipt by the Company or the Trustee of the requisite number of consents, consents have been received by the Issuer or the Trustee and (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) has been executed by the Company Issuer, the Guarantors and the Trustee. (b) . The Company Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 calendar days after such record date.

Appears in 1 contract

Sources: Indenture (Spansion Inc.)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date the amendment or waiver becomes effective. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes shall become effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the Trusteewritten consents under Section 9.2. (b) The Company Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be become valid or effective for more than 120 90 days after such record date.

Appears in 1 contract

Sources: Indenture (Glaxosmithkline PLC)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment amendment, supplement or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date the amendment amendment, supplement or waiver becomes effective. After an amendment amendment, supplement or waiver becomes effective, it shall bind every Holder. An amendment amendment, supplement or waiver becomes effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment amendment, supplement or waiver and (iii) execution of such amendment amendment, supplement or waiver (or Guarantee Agreementsupplemental indenture) by the Company and the Trustee. (ba) The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above in Section 9.02 or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraphSection 9.03(a), those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.

Appears in 1 contract

Sources: Indenture (Beacon Roofing Supply Inc)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a supplement or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date the amendment amendment, a supplement or waiver becomes effective. After an amendment amendment, a supplement or waiver becomes effective, it shall bind every Holder. An amendment amendment, a supplement or waiver becomes shall become effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the Trusteewritten consents under Section 9.2. (b) The Company may, but shall not be obligated to, fix a record date, which need not be the date provided in 316(c) of the TIA to the extent it would otherwise be applicable, for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be become valid or effective for more than 120 90 days after such record datedate or, if none is set, after the date given.

Appears in 1 contract

Sources: Indenture (Coleman Cable, Inc.)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment amendment, supplement or a waiver by a Holder of a Note Security shall bind the Holder and every subsequent Holder of that Note Security or portion of the Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent or waiver is not made on the NoteSecurity. However, any Any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note Security or portion of the Note Security if the Trustee receives the notice of revocation before the date the amendment amendment, supplement or waiver becomes effectiveeffective or prior to a date otherwise specified in any related documents pursuant to which such consent or waiver was solicited. After an amendment amendment, supplement or waiver becomes effectiveeffective (whether or not all provisions contained in such amendment, supplement or waiver are thereby operative), it shall bind every Securityholder unless it makes a change described in any of clauses (1) through (9) of Section 9.2, in which case the amendment, supplement, waiver or other action shall bind each Securityholder who has consented to it and every subsequent Securityholder that evidences the same Indebtedness as the consenting Holder’s Securities. An amendment amendment, supplement or waiver becomes shall become effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness written consents under Section 9.1 or 9.2 as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the Trusteeapplicable. (b) The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders Securityholders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraphSection 9.4(a), those Persons who were Holders Securityholders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be become valid or effective for more than 120 days after such record date.

Appears in 1 contract

Sources: Indenture (Eye Care Centers of America Inc)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment amendment, supplement or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent or waiver is not made on the Note. However, any Any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s 's Note or portion of the Note if the Trustee receives the notice of revocation before the date the amendment amendment, supplement or waiver becomes effectiveeffective or otherwise in accordance with any related solicitation documents. After an amendment amendment, supplement or waiver becomes effective, it shall bind every Holder unless it makes a change described in any of clauses (1) through (10) of Section 9.2, in which case the amendment, supplement, waiver or other action shall bind each Holder who has consented to it and every subsequent Holder that evidences the same debt as the consenting Holder's Notes. An amendment amendment, supplement or waiver becomes shall become effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness written consents under Section 9.1 or 9.2 as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the Trustee. (b) applicable. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be become valid or effective for more than 120 days after such record date.

Appears in 1 contract

Sources: Indenture (Quiksilver Inc)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment amendment, supplement or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date the amendment amendment, supplement or waiver becomes effective. After an amendment amendment, supplement or waiver becomes effective, it shall bind every Holder, except as otherwise provided in this ARTICLE IX. An amendment amendment, supplement or waiver becomes under Section 9.2 shall become effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the Trusteewritten consents under Section 9.2. (b) The Company Bank may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 90 days after such record datedate unless the relevant action for which such consent was granted was effectively taken.

Appears in 1 contract

Sources: Indenture (Grupo Financiero Galicia Sa)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment amendment, supplement or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date the amendment amendment, supplement or waiver becomes effective. After an amendment amendment, supplement or waiver becomes effective, it shall bind every Holder, except as otherwise provided in this Article ‎IX. An amendment amendment, supplement or waiver becomes under Section 9.2 shall become effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the Trusteewritten consents under ‎Section 9.2. (b) The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 90 days after such record date.

Appears in 1 contract

Sources: Indenture (Arcos Dorados Holdings Inc.)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date on which the amendment or waiver becomes effectiveTrustee receives an Officer’s Certificate from the Issuer certifying that the requisite number of consents have been received. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Company Issuer or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreementsupplemental indenture) by the Company Issuer and the Trustee. (b) The Company Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraphSection 9.04(a), those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.only

Appears in 1 contract

Sources: Indenture (Graftech International LTD)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date the amendment or waiver becomes effective. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the Trustee. (b) . The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. Such record date shall be a date not more than thirty (30) days prior to the first solicitation of Holders generally in connection therewith and no later than the date such solicitation is completed. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 one hundred eighty (180) days after such record date. For all purposes of this Indenture, all Notes shall vote together as one series of Notes under this Indenture.

Appears in 1 contract

Sources: Indenture (Amc Entertainment Holdings, Inc.)

Revocation and Effect of Consents and Waivers. (a) A An amendment or waiver becomes effective on the date on which the Trustee received an Officers' Certificate certifying that the Holders of the requisite principal amount of Securities have consented to the amendment or waiver. Until an amendment or waiver becomes effective, a consent to an amendment amendment, supplement or a waiver by a Holder of a Note Security shall bind the Holder and every subsequent Holder of that Note Security or portion of the Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent consent, supplement or waiver is not made on the NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent that consent, supplement or waiver as to such Holder’s Note Holder s Security or portion of the Note Security if the Trustee receives the notice of revocation before the date the amendment or waiver becomes effective. After an amendment amendment, supplement or waiver becomes effective, it shall bind every HolderSecurityholder. An amendment or waiver becomes effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the Trustee. (b) The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders Securityholders entitled to give their consent to any amendment, supplement, or waiver or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons persons who were Holders Securityholders at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to give such consent to any amendment, supplement, or waiver or to revoke any such consent previously given or to take any such action, whether or not such Persons persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 90 days after such record date.

Appears in 1 contract

Sources: Indenture (Town & Country Corp)

Revocation and Effect of Consents and Waivers. (a) A Until an amendment, waiver, modification or supplement becomes effective, a consent to an amendment or a waiver it by a Holder of is a Note shall bind continuing consent by the Holder and every subsequent Holder of that a Note or portion of the a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent amendment, waiver, modification or waiver supplement is not made on the any Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s its Note or any portion of the its Note if by written notice to the Trustee receives and the notice of revocation Issuers received before the date the amendment on which such amendment, supplement, modification or waiver becomes effective. After an amendment or waiver becomes effectiveAn amendment, it shall bind every Holder. An amendment supplement, modification or waiver becomes effective upon in accordance with the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the Trustee. (b) terms thereof. The Company Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above in this Article 9 or required or otherwise permitted to be given or taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at the close of business on such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such any consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent or action shall be valid or effective for more than 120 days after such record date. After an amendment, supplement, modification or waiver becomes effective, it shall be conclusive and binding on every Holder.

Appears in 1 contract

Sources: Indenture (Ellington Financial Inc.)

Revocation and Effect of Consents and Waivers. (a) A Until an amendment, supplement or waiver becomes effective, a consent to an amendment or a waiver it by a Holder of a Note shall bind is a continuing consent by the Holder of a Note and every subsequent Holder of that a Note or portion of the a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent or waiver as to such Holder’s Note or portion of the its Note if the Trustee receives the written notice of revocation before the date the amendment amendment, supplement or waiver becomes effective. After an amendment or waiver becomes effectiveAn amendment, it shall bind every Holder. An amendment supplement or waiver becomes effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture accordance with its terms and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the Trustee. (b) thereafter binds every Holder. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date. Notation on or Exchange of Notes. The Trustee may place an appropriate notation about an amendment, supplement or waiver on any Note thereafter authenticated. The Company in exchange for all Notes may issue and the Trustee shall, upon receipt of an Issuer Order, authenticate new Notes that reflect the amendment, supplement or waiver. Failure to make the appropriate notation or issue a new Note will not affect the validity and effect of such amendment, supplement or waiver.

Appears in 1 contract

Sources: Indenture (CHURCHILL DOWNS Inc)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment amendment, supplement or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any Any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date the amendment amendment, supplement or waiver becomes effectiveeffective or otherwise in accordance with any related solicitation documents. After an amendment amendment, supplement or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the Holder unless it makes a change described in any of clauses (a) through (i) of Section 9.2, in which case the amendment, supplement, waiver or other action shall bind each Holder who has consented to it and every subsequent Holder that evidences the same debt as the consenting Holder’s Notes. An amendment, supplement or waiver shall become effective upon receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness written consents under Section 9.1 or Section 9.2 as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the Trustee. (b) applicable. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be become valid or effective for more than 120 days after such record date.

Appears in 1 contract

Sources: Indenture (Conexant Systems Inc)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s 's Note or portion of the Note if the Trustee receives the notice of revocation before the date on which the amendment or waiver becomes effectiveTrustee receives an Officer's Certificate from the Company certifying that the requisite number of consents have been received. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreementsupplemental indenture) by the Company and the Trustee. (b) The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.

Appears in 1 contract

Sources: Indenture (Cricket Communications Inc)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note Security shall bind the Holder and every subsequent Holder of that Note Security or portion of the Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent or waiver is not made on the NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note 's Security or portion of the Note Security if the Trustee receives the notice of revocation before the date on which the amendment Trustee or waiver becomes effectivethe Company receives the requisite number of consents. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreementsupplemental indenture) by the Company and the Trustee. (b) The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.

Appears in 1 contract

Sources: Indenture (Land O Lakes Inc)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment amendment, supplement or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any Any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date the amendment amendment, supplement or waiver becomes effectiveeffective or otherwise in accordance with any related solicitation documents. After an amendment amendment, supplement or waiver becomes effective, it shall bind every Holder unless it makes a change described in any of clauses (1) through (10) of Section 9.2, in which case the amendment, supplement, waiver or other action shall bind each Holder who has consented to it and every subsequent Holder that evidences the same debt as the consenting Holder’s Notes. An amendment amendment, supplement or waiver becomes shall become effective upon the (i) receipt by the Company Trustee or the Trustee Company of the requisite number of written consents, (ii) satisfaction of the conditions to effectiveness if any, under Section 9.1 or 9.2 as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the Trustee. (b) applicable. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.

Appears in 1 contract

Sources: Indenture (Cimarex Energy Co)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date the amendment or waiver becomes effectiveeffective or otherwise in accordance with any related solicitation documents. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes shall become effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction written or electronic consents under Section 902 of the conditions to effectiveness Base Indenture or Section 9.02 of this First Supplemental Indenture, as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the Trustee. (b) applicable. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this the Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be become valid or effective for more than 120 days after such record date.

Appears in 1 contract

Sources: First Supplemental Indenture (Goodrich Petroleum Corp)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment amendment, supplement or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date the amendment amendment, supplement or waiver becomes effective. After an amendment amendment, supplement or waiver becomes effective, it shall bind every Holder, except as otherwise provided in this Article Ten. An amendment amendment, supplement or waiver becomes requiring the consent of the Holders shall become effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the Trusteewritten consents specified under Section 10.2. (b) The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above in Section 10.4 or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraphSection 10.4(a), those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 90 days after such record date.

Appears in 1 contract

Sources: Indenture (Yojne S.A.)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note Notes that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent or waiver is not made on the NoteNotes. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s 's Note or portion of the Note Notes if the Trustee receives the notice of revocation before the date on which the amendment or waiver becomes effectiveTrustee receives an Officers' Certificate from the Company certifying that the requisite number of consents have been received. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreementsupplemental indenture) by the Company and the Trustee. (ba) The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.

Appears in 1 contract

Sources: Indenture (Reptron Electronics Inc)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date the amendment or waiver becomes effective. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the once both (i) receipt the requisite number of consents have been received by the Company or the Trustee of the requisite number of consents, and (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) has been executed by the Company Company, the Subsidiary Guarantors and the Trustee. (b) . The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 calendar days after such record date.

Appears in 1 contract

Sources: Indenture (Stone Energy Corp)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, unless otherwise provided in the relevant consent solicitation documentation, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date the amendment or waiver becomes effective. After an amendment or waiver becomes effective, it shall bind every HolderNoteholder. An For this purpose, an amendment or waiver becomes effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the Trustee. (b) . The Company Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders Noteholders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraphparagraph but subject to any contrary provisions in the relevant consent solicitation documentation, those Persons who were Holders Noteholders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date, unless otherwise provided in the relevant consent solicitation documentation.

Appears in 1 contract

Sources: Indenture (Associated Materials, LLC)

Revocation and Effect of Consents and Waivers. (a) A written consent to an amendment or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note Notes that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the its Note if the Trustee receives the written notice of revocation before the date the amendment amendment, supplement or waiver becomes effective. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Company Issuer or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this LEGAL_EU # 16733244.6 123 Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreementsupplemental indenture) by the Company Issuer and the Trustee. (b) The Company Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their written consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraphSection 9.03(a) hereof, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.

Appears in 1 contract

Sources: Indenture

Revocation and Effect of Consents and Waivers. (a) A consent to --------------------------------------------- an amendment amendment, supplement or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that such Note or portion of the such Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent or waiver is not made on the such Note. However, ; provided that any such Holder or subsequent Holder may revoke the consent or -------- waiver as to such Holder’s 's Note or portion of the such Note if the Trustee receives the notice of revocation before at least one day prior to the date the amendment amendment, supplement or waiver becomes effective. After an amendment amendment, supplement or waiver becomes effectiveeffective pursuant to this Article IX, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the Trustee. (b) The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 calendar days after such record date.

Appears in 1 contract

Sources: Indenture (McLeodusa Inc)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment amendment, supplement or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date the amendment amendment, supplement or waiver becomes effective. After an amendment amendment, supplement or waiver becomes effective, it shall bind every HolderHolder of each Series affected by such amendment, supplement or waiver. An amendment amendment, supplement or waiver becomes effective upon the once both (i) receipt the requisite number of consents have been received by the Company or the Trustee of the requisite number of consents, and (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) has been executed by the Company and the Trustee. (b) . The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than unless it shall become effective pursuant to the provisions of this Indenture within 120 days after such record date.

Appears in 1 contract

Sources: Indenture (UL Solutions Inc.)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment amendment, supplement or a waiver by a Holder of a Note Security shall bind the Holder and every subsequent Holder of that Note Security or portion of the Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent or waiver is not made on the NoteSecurity. However, any Any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note Security or portion of the Note Security if the Trustee receives the notice of revocation before the date the amendment amendment, supplement or waiver becomes effectiveeffective or otherwise in accordance with any related solicitation documents. After an amendment amendment, supplement or waiver becomes effective, it shall bind every Holder unless it makes a change described in any of clauses (a) through (j) of Section 10.2, in which case the amendment, supplement, waiver or other action shall bind each Holder who has consented to it and every subsequent Holder that evidences the same debt as the consenting Holder’s Securities. An amendment amendment, supplement or waiver becomes shall become effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness written consents under Section 10.1 or Section 10.2 as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the Trustee. (b) applicable. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be become valid or effective for more than 120 days after such record date.

Appears in 1 contract

Sources: Indenture (Deluxe Corp)