Common use of Supplemental Indentures Without Consent of Securityholders Clause in Contracts

Supplemental Indentures Without Consent of Securityholders. Except as otherwise set forth in an indenture supplemental hereto or Board Resolution creating such series of Securities or in the form of Security for such series, without the consent of the Holders of any Securities, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental hereto, in form reasonably satisfactory to the Trustee, for any of the following purposes: (a) to evidence the succession of another corporation or Person to the Company or any Guarantor, if any, and the assumption by any such successor of the respective covenants of the Company or any Guarantor herein and in the Securities contained; or (b) to add to the covenants of the Company or any Guarantor, if any, or to surrender any right or power herein conferred upon the Company or any Guarantor, for the benefit of the Holders of the Securities of any or all series (and if such covenants or the surrender of such right or power are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included or such surrenders are expressly being made solely for the benefit of one or more specified series); or (c) to cure any ambiguity, to correct or supplement any provision herein which may be inconsistent with any other provision herein, or to make any other provisions with respect to matters or questions arising under this Indenture; or (d) to add to this Indenture such provisions as may be expressly permitted by the TIA, excluding, however, the provisions referred to in Section 3 16(a)(2) of the TIA as in effect at the date as of which this instrument was executed or any corresponding provision in any similar federal statute hereafter enacted; or (e) to establish any form of Security, as provided in Article II, to provide for the issuance of any series of Securities as provided in Article III and to set forth the terms thereof, and/or to add to the rights of the Holders of the Securities of any series; or (f) evidence and provide for the acceptance of appointment by another corporation as a successor Trustee hereunder with respect to one or more series of Securities and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, pursuant to Section 6.11; or (g) to add any additional Events of Default in respect of the Securities of any or all series (and if such additional Events of Default are to be in respect of less than all series of Securities, stating that such Events of Default are expressly being included solely for the benefit of one or more specified series); or (h) to provide for uncertificated Securities in addition to or in place of certificated Securities and to provide for bearer Securities; provided that uncertificated Securities are issued in registered form for purposes of Section 163(f) of the Internal Revenue Code of 1986, as amended, or in a manner such that the uncertificated Securities are described in Section 163(f)(2)(B) of such Internal Revenue Code; or (i) to provide for the terms and conditions of conversion into Common Stock or other Marketable Securities of the Securities of any series which are convertible into Common Stock or other Marketable Securities, if any; or (j) to secure the Securities of any series; or (k) to add Guarantees in respect of any series or all of the Securities; or (l) to make any other change that does not adversely affect the rights of the Holders of any or all series of Securities; or (m) to make any change necessary to comply with any requirement of the Commission in connection with the qualification of this Indenture or any supplemental indenture under the Trust Indenture Act. No supplemental indenture for the purposes identified in clauses (b), (c) or (e) above may be entered into if to do so would adversely affect the rights of the Holders of Outstanding Securities of any series in any material respect.

Appears in 9 contracts

Sources: Indenture (HIVE Digital Technologies Ltd.), Indenture (HIVE Digital Technologies Ltd.), Indenture (HIVE Digital Technologies Ltd.)

Supplemental Indentures Without Consent of Securityholders. Except as otherwise set forth in an indenture supplemental hereto or Board Resolution creating such series of Securities or in the form of Security for such series, without Without the consent of the Holders of any Securities, the Company, when authorized by a Board Resolution, Company and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental heretohereto (which shall conform to the provisions of the Trust Indenture Act as in force at the date of execution thereof), in form reasonably satisfactory to the Trustee, for any of the following purposes: (a) to evidence the succession of another corporation or Person to the Company Company, or any Guarantor, if anysuccessive successions, and the assumption by any such successor of the respective covenants covenants, agreements and obligations of the Company or any Guarantor herein and in the Securities containedpursuant to Article 8 hereof; or (b) to add to the covenants of the Company such further covenants, restrictions or conditions for the protection of the Holders of the Securities of any Guarantor, if any, or all series as the Company and the Trustee shall consider to be for the protection of the Holders of the Securities of any or all series or to surrender any right or power herein conferred upon the Company or any Guarantor, for the benefit of the Holders of the Securities of any or all series (and if such covenants or the surrender of such right or power are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included or such surrenders are expressly being made solely for the benefit of one or more specified series); or (c) to cure any ambiguity, to correct or supplement any provision herein which may be inconsistent with any other provision hereinherein or in any supplemental indenture, or to make any other provisions with respect to matters or questions arising under this Indenture; or (d) to add to this Indenture such provisions as may be expressly permitted by that do not adversely affect the TIA, excluding, however, the provisions referred to in Section 3 16(a)(2) of the TIA as in effect at the date as of which this instrument was executed or any corresponding provision in any similar federal statute hereafter enacted; or (e) to establish any form of Security, as provided in Article II, to provide for the issuance of any series of Securities as provided in Article III and to set forth the terms thereof, and/or to add to the rights interests of the Holders of the Securities of any series; or (f) evidence and provide for the acceptance of appointment by another corporation as a successor Trustee hereunder with respect to one or more series of Securities and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, pursuant to Section 6.11; or (g) to add any additional Events of Default in respect of the Securities of any or all series (and if such additional Events of Default are to be in respect of less than all series of Securities, stating that such Events of Default are expressly being included solely for the benefit of one or more specified series); or (h) to provide for uncertificated Securities in addition to or in place of certificated Securities and to provide for bearer Securities; provided that uncertificated Securities are issued in registered form for purposes of Section 163(f) of the Internal Revenue Code of 1986, as amended, or in a manner such that the uncertificated Securities are described in Section 163(f)(2)(B) of such Internal Revenue Code; or (i) to provide for the terms and conditions of conversion into Common Stock or other Marketable Securities of the Securities of any series which are convertible into Common Stock or other Marketable Securities, if any; or (j) to secure the Securities of any series; or (k) to add Guarantees in respect of any series or all of the Securities; or (l) to make any other change that does not adversely affect the rights of the Holders of any or all series of Securities; or (m) to make any change necessary to comply with any requirement of the Commission in connection with the qualification of this Indenture or any supplemental indenture under the Trust Indenture Act. No supplemental indenture for the purposes identified in clauses (b), (c) or (e) above may be entered into if to do so would adversely affect the rights of the Holders of Outstanding Securities of any series in any material respect.; or

Appears in 5 contracts

Sources: Subordinated Indenture (Pinnacle Financial Partners Inc), Senior Indenture (Commerce Union Bancshares, Inc.), Subordinated Indenture (Engility Holdings, Inc.)

Supplemental Indentures Without Consent of Securityholders. Except as otherwise set forth in an indenture supplemental hereto or Board Resolution creating such series of Securities or in the form of Security for such series, without the consent of the Holders of any Securities, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental hereto, in form reasonably satisfactory to the Trustee, for any of the following purposes: (a1) to evidence the succession of another corporation or Person to the Company or any Guarantor, if any, and the assumption by any such successor of the respective covenants of the Company or any Guarantor herein and in the Securities contained; or (b2) to add to the covenants of the Company or any Guarantor, if any, or to surrender any right or power herein conferred upon the Company or any Guarantor, for the benefit of the Holders of the Securities of any or all series (and if such covenants or the surrender of such right or power are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included or such surrenders are expressly being made solely for the benefit of one or more specified series); or (c3) to cure any ambiguity, to correct or supplement any provision herein which may be inconsistent with any other provision herein, or to make any other provisions with respect to matters or questions arising under this Indenture; or (d4) to add to this Indenture such provisions as may be expressly permitted by the TIA, excluding, however, the provisions referred to in Section 3 16(a)(2) of the TIA as in effect at the date as of which this instrument was executed or any corresponding provision in any similar federal statute hereafter enacted; or (e5) to establish any form of Security, as provided in Article II, to provide for the issuance of any series of Securities as provided in Article III II vI and to set forth the terms thereof, and/or to add to the rights of the Holders of the Securities of any series; or (f6) to evidence and provide for the acceptance of appointment by another corporation as a successor Trustee hereunder with respect to one or more series of Securities and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, pursuant to Section 6.11; or (g7) to add any additional Events of Default in respect of the Securities of any or all series (and if such additional Events of Default are to be in respect of less than all series of Securities, stating that such Events of Default are expressly being included solely for the benefit of one or more specified series); or (h) 8) to provide for uncertificated Securities in addition to or in place of certificated Securities and to provide for bearer Securities; provided that uncertificated Securities are issued in registered form for purposes of Section 163(f) of the Internal Revenue Code of 1986, as amended, or in a manner such that the uncertificated Securities are described in Section 163(f)(2)(B) of such Internal Revenue Code; or (i9) to provide for the terms and conditions of conversion into Common Stock or other Marketable Securities of the Securities of any series which are convertible into Common Stock or other Marketable Securities, if any; or (j10) to secure the Securities of any series; or (k11) to add Guarantees in respect of any series or all of the Securities; or (l12) to make any other change that does not adversely affect the rights of the Holders of any or all series of Securities; or (m13) to make any change necessary to comply with any requirement of the Commission in connection with the qualification of this Indenture or any supplemental indenture under the Trust Indenture Act. No supplemental indenture for the purposes identified in clauses (b2), (c3) or (e5) above may be entered into if to do so would adversely affect the rights of the Holders of Outstanding Securities of any series in any material respect.

Appears in 5 contracts

Sources: Indenture (Xenetic Biosciences, Inc.), Indenture (Xenetic Biosciences, Inc.), Indenture (Cleanspark, Inc.)

Supplemental Indentures Without Consent of Securityholders. Except as otherwise set forth in an indenture supplemental hereto or Board Resolution creating such series of Securities or in the form of Security for such series, without Without the consent of the Holders of any Securities, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental hereto, in form reasonably satisfactory to the Trustee, for any of the following purposes: (a1) to evidence the succession of another corporation or Person to the Company or any Guarantor, if anyCompany, and the assumption by any such successor of the respective covenants of the Company or any Guarantor herein and in the Securities contained; or (b2) to add to the covenants of the Company or any Guarantor, if anyCompany, or to surrender any right or power herein conferred upon the Company or any GuarantorCompany, for the benefit of the Holders of the Securities of any or all series (and if such covenants or the surrender of such right or power are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included or such surrenders are expressly being made solely for the benefit of one or more specified series); or (c3) to cure any ambiguity, to correct or supplement any provision herein which that may be inconsistent with any other provision herein, or to make any other provisions with respect to matters or questions arising under this Indenture; or (d4) to add to this Indenture such provisions as may be expressly permitted by the TIA, excluding, however, the provisions referred to in TIA Section 3 16(a)(2316(a)(2) of the TIA as in effect at the date as of which this instrument was executed or any corresponding provision in any similar federal statute hereafter enacted; or (e5) to establish any form of Security, as provided in Article II, to provide for the issuance of any series of Securities as provided in Article III and to set forth the terms thereof, and/or to add to the rights of the Holders of the Securities of any series; or (f6) to evidence and provide for the acceptance of appointment by another corporation as a successor Trustee hereunder with respect to one or more series of Securities and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, pursuant to Section 6.11; or (g7) to add any additional Events of Default in respect of the Securities of any or all series (and if such additional Events of Default are to be in respect of less than all series of Securities, stating that such Events of Default are expressly being included solely for the benefit of one or more specified series); or (h) 8) to provide for uncertificated Securities in addition to or in place of certificated Securities and to provide for bearer Securities; provided that uncertificated Securities are issued in registered form for purposes of Section 163(f) of the Internal Revenue Code of 1986, as amended, or in a manner such that the uncertificated Securities are described in Section 163(f)(2)(B) of such Internal Revenue Code; or (i9) to provide for the terms and conditions of conversion into Common Stock or other Marketable Securities of the Securities of any series which that are convertible into Common Stock or other Marketable Securities, if anydifferent from those set forth in Article XII; or (j10) to secure the Securities of any series; or (k11) to add Guarantees guarantors in respect of any series or all of the Securities; or (l12) to make any other change that does not adversely affect the rights of the Holders of any or all series of Securities; or (m13) to make any change necessary to comply with any requirement of the Commission in connection with the qualification of this Indenture or any supplemental indenture under the Trust Indenture ActAct or to comply with the rules of any applicable securities depositary. No supplemental indenture for the purposes identified in clauses Clauses (b2), (c3), (5) or (e7) above may be entered into if to do so would adversely affect the rights of the Holders of Outstanding Securities of any series in any material respect.

Appears in 4 contracts

Sources: Indenture (Revlon Inc /De/), Indenture (Revlon Inc /De/), Indenture (Taylor Morrison Home Corp)

Supplemental Indentures Without Consent of Securityholders. Except as otherwise set forth in an indenture supplemental hereto or Board Resolution creating such series of Securities or in the form of Security for such series, without Without the consent of the Holders of any Securities, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental hereto, in form reasonably satisfactory to the Trustee, for any of the following purposes: (a1) to evidence the succession of another corporation or Person to the Company or any Guarantor, if anyCompany, and the assumption by any such successor of the respective covenants of the Company or any Guarantor herein and in the Securities contained; or (b2) to add to the covenants of the Company or any Guarantor, if anyCompany, or to surrender any right or power herein conferred upon the Company or any GuarantorCompany, for the benefit of the Holders of the Securities of any or all series (and if such covenants or the surrender of such right or power are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included or such surrenders are expressly being made solely for the benefit of one or more specified series); or (c3) to cure any ambiguity, to correct or supplement any provision herein which may be inconsistent with any other provision herein, or to make any other provisions with respect to matters or questions arising under this Indenture; or (d4) to add to this Indenture such provisions as may be expressly permitted by the TIA, excluding, however, the provisions referred to in Section 3 16(a)(2316(a)(2) of the TIA as in effect at the date as of which this instrument was executed or any corresponding provision in any similar federal statute hereafter enacted; or (e5) to establish any form of Security, as provided in Article IITwo, and to provide for the issuance of any series of Securities as provided in Article III Three and to set forth the terms thereof, and/or to add to the rights of the Holders of the Securities of any series; or (f6) to evidence and provide for the acceptance of appointment by another corporation as a successor Trustee hereunder with respect to one or more series of Securities and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, pursuant to Section 6.11611; or (g7) to add any additional Events of Default in respect of the Securities of any or all series (and if such additional Events of Default are to be in respect of less than all series of Securities, stating that such Events of Default are expressly being included solely for the benefit of one or more specified series); or (h) to provide for uncertificated Securities in addition to or in place of certificated Securities and to provide for bearer Securities; provided that uncertificated Securities are issued in registered form for purposes of Section 163(f) of the Internal Revenue Code of 1986, as amended, or in a manner such that the uncertificated Securities are described in Section 163(f)(2)(B) of such Internal Revenue Code; or (i) 8) to provide for the terms and conditions issuance of conversion into Common Stock or other Marketable Securities of the Securities of any series which are convertible into Common Stock or other Marketable Securities, if any; or (j) to secure the Securities of any series; or (k) to add Guarantees in respect of any series or all of the Securities; or (l) to make any other change that does not adversely affect the rights of the Holders of any or all series of Securities; or (m) to make any change necessary to comply with any requirement of the Commission in connection with the qualification of this Indenture or any supplemental indenture under the Trust Indenture Actcoupon as well as fully registered form. No supplemental indenture for the purposes identified in clauses Clauses (b2), (c3), (5) or (e7) above may be entered into if to do so would adversely affect the rights interest of the Holders of Outstanding Securities of any series in any material respectseries.

Appears in 3 contracts

Sources: Senior Indenture (Clear Channel Communications Inc), Indenture (Union Pacific Corp), Senior Indenture (Heftel Capital Trust Ii)

Supplemental Indentures Without Consent of Securityholders. Except as otherwise set forth in an indenture supplemental hereto or Board Resolution creating such series of Securities or in the form of Security for such series, without the consent of the Holders of any Securities, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental hereto, in form reasonably satisfactory to the Trustee, for any of the following purposes: (a1) to evidence the succession of another corporation or Person to the Company or any Guarantor, if any, and the assumption by any such successor of the respective covenants of the Company or any Guarantor herein and in the Securities contained; or (b2) to add to the covenants of the Company or any Guarantor, if any, or to surrender any right or power herein conferred upon the Company or any Guarantor, for the benefit of the Holders of the Securities of any or all series (and if such covenants or the surrender of such right or power are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included or such surrenders are expressly being made solely for the benefit of one or more specified series); or (c3) to cure any ambiguity, to correct or supplement any provision herein which may be inconsistent with any other provision herein, or to make any other provisions with respect to matters or questions arising under this Indenture; or (d4) to add to this Indenture such provisions as may be expressly permitted by the TIA, excluding, however, the provisions referred to in Section 3 16(a)(2316(a)(2) of the TIA as in effect at the date as of which this instrument was executed or any corresponding provision in any similar federal statute hereafter enacted; or (e5) to establish any form of Security, as provided in Article II, to provide for the issuance of any series of Securities as provided in Article III and to set forth the terms thereof, and/or to add to the rights of the Holders of the Securities of any series; or (f6) to evidence and provide for the acceptance of appointment by another corporation as a successor Trustee hereunder with respect to one or more series of Securities and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, pursuant to Section 6.11; or (g7) to add any additional Events of Default in respect of the Securities of any or all series (and if such additional Events of Default are to be in respect of less than all series of Securities, stating that such Events of Default are expressly being included solely for the benefit of one or more specified series); or (h) 8) to provide for uncertificated Securities in addition to or in place of certificated Securities and to provide for bearer Securities; provided that uncertificated Securities are issued in registered form for purposes of Section 163(f) of the Internal Revenue Code of 1986, as amended, or in a manner such that the uncertificated Securities are described in Section 163(f)(2)(B) of such Internal Revenue Code; or (i9) to provide for the terms and conditions of conversion into Common Stock or other Marketable Securities of the Securities of any series which are convertible into Common Stock or other Marketable Securities, if anydifferent from those set forth in Article XII; or (j10) to secure the Securities of any series; or (k11) to add Guarantees in respect of any series or all of the Securities; or (l12) to make any other change that does not adversely affect the rights of the Holders of any or all series of Securities; or (m13) to make any change necessary to comply with any requirement of the Commission in connection with the qualification of this Indenture or any supplemental indenture under the Trust Indenture Act. No supplemental indenture for the purposes identified in clauses (b2), (c3) or (e5) above may be entered into if to do so would adversely affect the rights of the Holders of Outstanding Securities of any series in any material respect.

Appears in 3 contracts

Sources: Indenture (Great Wolf Resorts, Inc.), Indenture (Wendy's/Arby's Group, Inc.), Indenture (Dana Holding Corp)

Supplemental Indentures Without Consent of Securityholders. Except as otherwise set forth in an indenture supplemental hereto or Board Resolution creating such series of Securities or in the form of Security for such series, without the consent of the Holders of any Securities, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental hereto, in form reasonably satisfactory to the Trustee, for any of the following purposes: (a1) to evidence the succession of another corporation or Person to the Company or any Guarantor, if any, and the assumption by any such successor of the respective covenants of the Company or any Guarantor herein and in the Securities contained; or (b2) to add to the covenants of the Company or any Guarantor, if any, or to surrender any right or power herein conferred upon the Company or any Guarantor, for the benefit of the Holders of the Securities of any or all series (and if such covenants or the surrender of such right or power are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included or such surrenders are expressly being made solely for the benefit of one or more specified series); or (c3) to cure any ambiguity, to correct or supplement any provision herein which may be inconsistent with any other provision herein, or to make any other provisions with respect to matters or questions arising under this Indenture; or (d4) to add to this Indenture such provisions as may be expressly permitted by the TIA, excluding, however, the provisions referred to in Section 3 16(a)(2316(a)(2) of the TIA as in effect at the date as of which this instrument was executed or any corresponding provision in any similar federal statute hereafter enacted; or (e5) to establish any form of Security, as provided in Article II, to provide for the issuance of any series of Securities as provided in Article III and to set forth the terms thereof, and/or to add to the rights of the Holders of the Securities of any series; or (f6) to evidence and provide for the acceptance of appointment by another corporation as a successor Trustee hereunder with respect to one or more series of Securities and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, pursuant to Section 6.11; or (g7) to add any additional Events of Default in respect of the Securities of any or all series (and if such additional Events of Default are to be in respect of less than all series of Securities, stating that such Events of Default are expressly being included solely for the benefit of one or more specified series); or (h) 8) to provide for uncertificated Securities in addition to or in place of certificated Securities and to provide for bearer Securities; provided that uncertificated Securities are issued in registered form for purposes of Section 163(f) of the Internal Revenue Code of 1986, as amended, or in a manner such that the uncertificated Securities are described in Section 163(f)(2)(B) of such Internal Revenue Code; or (i9) to provide for the terms and conditions of conversion into Common Stock Class A Shares or other Marketable Securities of the Securities of any series which are convertible into Common Stock Class A Shares or other Marketable Securities, if anydifferent from those set forth in Article XII ; or (j10) to secure the Securities of any series; or (k11) to add Guarantees in respect of any series or all of the Securities; or (l12) to make any other change that does not adversely affect the rights of the Holders of any or all series of Securities; or (m13) to make any change necessary to comply with any requirement of the Commission in connection with the qualification of this Indenture or any supplemental indenture under the Trust Indenture Act. No supplemental indenture for the purposes identified in clauses (b2), (c3), (5) or (e7) above may be entered into if to do so would adversely affect the rights of the Holders of Outstanding Securities of any series in any material respect.

Appears in 3 contracts

Sources: Indenture (Apollo Global Management LLC), Indenture (Apollo Global Management LLC), Indenture (Apollo Global Management LLC)

Supplemental Indentures Without Consent of Securityholders. Except as otherwise set forth in an indenture supplemental hereto or Board Resolution creating such series of Securities or in the form of Security for such series, without the consent of the Holders of any Securities, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental hereto, in form reasonably satisfactory to the Trustee, for any of the following purposes: (a1) to evidence the succession of another corporation or Person to the Company or any Guarantor, if any, and the assumption by any such successor of the respective covenants of the Company or any Guarantor herein and in the Securities contained; or (b2) to add to the covenants of the Company or any Guarantor, if any, or to surrender any right or power herein conferred upon the Company or any Guarantor, for the benefit of the Holders of the Securities of any or all series (and if such covenants or the surrender of such right or power are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included or such surrenders are expressly being made solely for the benefit of one or more specified series); or (c3) to cure any ambiguity, to correct or supplement any provision herein which may be inconsistent with any other provision herein, or to make any other provisions with respect to matters or questions arising under this Indenture; or (d4) to add to this Indenture such provisions as may be expressly permitted by the TIA, excluding, however, the provisions referred to in Section 3 16(a)(2316(a)(2) of the TIA as in effect at the date as of which this instrument was executed or any corresponding provision in any similar federal statute hereafter enacted; or (e5) to establish any form of Security, as provided in Article II, to provide for the issuance of any series of Securities as provided in Article III and to set forth the terms thereof, and/or to add to the rights of the Holders of the Securities of any series; or (f6) to evidence and provide for the acceptance of appointment by another corporation as a successor Trustee hereunder with respect to one or more series of Securities and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, pursuant to Section 6.11; or (g7) to add any additional Events of Default in respect of the Securities of any or all series (and if such additional Events of Default are to be in respect of less than all series of Securities, stating that such Events of Default are expressly being included solely for the benefit of one or more specified series); or (h) 8) to provide for uncertificated Securities in addition to or in place of certificated Securities and to provide for bearer Securities; provided that uncertificated Securities are issued in registered form for purposes of Section 163(f) of the Internal Revenue Code of 1986, as amended, or in a manner such that the uncertificated Securities are described in Section 163(f)(2)(B) of such Internal Revenue Code; or (i9) to provide for the terms and conditions of conversion into Common Stock or other Marketable Securities of the Securities of any series which are convertible into Common Stock or other Marketable Securities, if anydifferent from those set forth in Article XIII; or (j10) to secure the Securities of any series; or (k11) to add Guarantees in respect of any series or all of the Securities; or (l12) to make any other change that does not adversely affect the rights of the Holders of any or all series of Securities; or (m13) to make any change necessary to comply with any requirement of the Commission in connection with the qualification of this Indenture or any supplemental indenture under the Trust Indenture Act. No supplemental indenture for the purposes identified in clauses (b2), (c3) or (e5) above may be entered into if to do so would adversely affect the rights of the Holders of Outstanding Securities of any series in any material respect.

Appears in 3 contracts

Sources: Indenture (Great Wolf Resorts, Inc.), Indenture (Wendy's/Arby's Group, Inc.), Indenture (Dana Holding Corp)

Supplemental Indentures Without Consent of Securityholders. Except as otherwise set forth in an indenture supplemental hereto or Board Resolution creating such series of Securities or in the form of Security for such series, without Without the consent of the Holders of any Securities, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental hereto, in form reasonably satisfactory to the Trustee, for any of the following purposes: (a1) to evidence the succession of another corporation or Person to the Company or any Guarantor, if any, and the assumption by any such successor of the respective covenants of the Company or any Guarantor herein and in the Securities containedSecurities; or (b2) to add to the covenants of the Company or any Guarantor, if any, or to surrender any right or power herein conferred upon the Company or any Guarantor, for the benefit of the Holders of the Securities of any or all series (and if such covenants or the surrender of such right or power are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included or such surrenders are expressly being made solely for the benefit of one or more specified series); or (c3) to cure any ambiguity, to correct or supplement any provision herein which may be inconsistent with any other provision herein, or to make any other provisions with respect to matters or questions arising under this Indenture; or (d4) to add to this Indenture such provisions as may be expressly permitted by the TIA, excluding, however, the provisions referred to in Section 3 16(a)(2316(a)(2) of the TIA as in effect at the date as of which this instrument was executed or any corresponding provision in any similar federal statute hereafter enacted; or (e5) to establish any form of Security, as provided in Article II, to provide for the issuance of any series of Securities as provided in Article III and to set forth the terms thereof, and/or to add to the rights of the Holders of the Securities of any series; or (f6) to evidence and provide for the acceptance of appointment by another corporation as a successor Trustee hereunder with respect to one or more series of Securities and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, pursuant to Section 6.11; or (g7) to add any additional Events of Default in respect of the Securities of any or all series (and if such additional Events of Default are to be in respect of less than all series of Securities, stating that such Events of Default are expressly being included solely for the benefit of one or more specified series); or (h) 8) to provide for uncertificated Securities in addition to or in place of certificated Securities and to provide for bearer Securities; provided that uncertificated Securities are issued in registered form for purposes of Section 163(f) of the Internal Revenue Code of 1986, as amended, or in a manner such that the uncertificated Securities are as described in Section 163(f)(2)(B) of such Internal Revenue Code; or (i9) to provide for the terms and conditions of conversion into Common Stock or other Marketable Securities of the Securities of any series which are convertible into Common Stock or other Marketable Securities, if anydifferent from those set forth in Article XII; or (j10) to secure the Securities of any seriesseries pursuant to Section 10.06 or otherwise; or (k11) to add Guarantees additional guarantors in respect of any series or all of the Securities; or (l) to make any other change that does not adversely affect the rights of the Holders of any or all series of Securities; or (m12) to make any change necessary to comply with any requirement of the Commission in connection with the qualification of this Indenture or any supplemental indenture under the Trust Indenture Act. No supplemental indenture for the purposes identified in clauses Clauses (b2), (c3), (5) or (e7) above may be entered into if to do so would adversely affect the rights of the Holders of Outstanding Securities of any series in any material respect.

Appears in 3 contracts

Sources: Indenture (Home Box Office, Inc.), Indenture (Time Warner Inc.), Indenture (Home Box Office, Inc.)

Supplemental Indentures Without Consent of Securityholders. Except as otherwise set forth in an indenture supplemental hereto or Board Resolution creating such series of Securities or in the form of Security for such series, without Without the consent of the Holders of any Securities, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental hereto, in form reasonably satisfactory to the Trustee, for any of the following purposes: (a1) to evidence the succession of another corporation or Person to the Company or any Guarantor, if anyCompany, and the assumption by any such successor of the respective covenants of the Company or any Guarantor herein and in the Securities contained; or (b2) to add to the covenants of the Company or any Guarantor, if anyCompany, or to surrender any right or power herein conferred upon the Company or any GuarantorCompany, for the benefit of the Holders of the Securities of any or all series (and if such covenants or the surrender of such right or power are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included or such surrenders are expressly being made solely for the benefit of one or more specified series); or (c3) to cure any ambiguityambiguity or defect, to correct or supplement any provision herein which may be inconsistent with any other provision herein, or to make any other provisions with respect to matters or questions arising under this IndentureIndenture or the Securities or make any other changes herein or therein; or (d4) to add to this Indenture such provisions as may be expressly permitted by the TIA, excluding, however, the provisions referred to in Section 3 16(a)(2316(a)(2) of the TIA as in effect at the date as of which this instrument was executed or any corresponding provision in any similar federal statute hereafter enacted; or (e5) to establish any form of Security, as provided in Article IITwo, to provide for the issuance of any series of Securities as provided in and subject to the terms of Article III Three (including the issuance of further securities having identical terms to the series of any Securities so that the further issue is consolidated and forms a single series with the Securities), to set forth the terms thereof, thereof and/or to add to the rights of the Holders of the Securities of any series; or (f6) to evidence and provide for the acceptance of appointment by another corporation as a successor Trustee hereunder with respect to one or more series of Securities and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, pursuant to Section 6.11611; or (g7) to add any additional Events of Default in respect of the Securities of any or all series (and if such additional Events of Default are to be in respect of less than all series of Securities, stating that such Events of Default are expressly being included solely for the benefit of one or more specified series); or (h) to provide for uncertificated Securities in addition to or in place of certificated Securities and to provide for bearer Securities; provided that uncertificated Securities are issued in registered form for purposes of Section 163(f) of the Internal Revenue Code of 1986, as amended, or in a manner such that the uncertificated Securities are described in Section 163(f)(2)(B) of such Internal Revenue Code; or (i) 8) to provide for the terms and conditions issuance of conversion into Common Stock or other Marketable Securities of in bearer form, to the Securities of any series which are convertible into Common Stock or other Marketable Securitiesextent permitted by law, if any; or (j) to secure the Securities of any series; or (k) to add Guarantees in respect of any series or all of the Securities; or (l) to make any other change that does not adversely affect the rights of the Holders of any or all series of Securities; or (m) to make any change necessary to comply with any requirement of the Commission in connection with the qualification of this Indenture or any supplemental indenture under the Trust Indenture Actcoupons as well as fully registered form. No supplemental indenture for the purposes identified in clauses (b2), (c3), (5) or (e7) above may be entered into if to do so would adversely affect the rights interests of the Holders of Outstanding the Securities of any series in any material respect.

Appears in 2 contracts

Sources: Indenture (Arauco & Constitution Pulp Inc), Indenture (Arauco & Constitution Pulp Inc)

Supplemental Indentures Without Consent of Securityholders. Except as otherwise set forth in an indenture supplemental hereto or Board Resolution creating such series of Securities or in the form of Security for such series, without Without the consent of the Holders of any Securities, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental hereto, in form reasonably satisfactory to the Trustee, for any of the following purposes: (a1) to evidence the succession of another corporation or Person to the Company or any Guarantor, if any, and the assumption by any such successor of the respective covenants of the Company or any Guarantor herein and in the Securities contained; or (b2) to add to the covenants of the Company or any Guarantor, if any, or to surrender any right or power herein conferred upon the Company or any Guarantor, for the benefit of the Holders of the Securities of any or all series (and if such covenants or the surrender of such right or power are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included or such surrenders are expressly being made solely for the benefit of one or more specified series); or (c3) to cure any ambiguity, to correct or supplement any provision herein which may be inconsistent with any other provision herein, or to make any other provisions with respect to matters or questions arising under this Indenture; or (d4) to add to this Indenture such provisions as may be expressly permitted by the TIA, excluding, however, the provisions referred to in Section 3 16(a)(2316(a)(2) of the TIA as in effect at the date as of which this instrument was executed or any corresponding provision in any similar federal statute hereafter enacted; or (e5) to establish any form of Security, as provided in Article II, to provide for the issuance of any series of Securities as provided in Article III and to set forth the terms thereof, and/or to add to the rights of the Holders of the Securities of any series; or (f6) to evidence and provide for the acceptance of appointment by another corporation as a successor Trustee hereunder with respect to one or more series of Securities and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, pursuant to Section 6.11; or (g7) to add any additional Events of Default in respect of the Securities of any or all series (and if such additional Events of Default are to be in respect of less than all series of Securities, stating that such Events of Default are expressly being included solely for the benefit of one or more specified series); or (h) 8) to provide for uncertificated Securities in addition to or in place of certificated Securities and to provide for bearer Securities; provided that uncertificated Securities are issued in registered form for purposes of Section 163(f) of the Internal Revenue Code of 1986, as amended, or in a manner such that the uncertificated Securities are described in Section 163(f)(2)(B) of such Internal Revenue Code; or (i9) to provide for the terms and conditions of conversion into Common Stock or other Marketable Securities of the Securities of any series which are convertible into Common Stock or other Marketable Securities, if anydifferent from those set forth in Article XII; or (j10) to secure the Securities of any seriesseries pursuant to Section 10.06 or otherwise; or (k11) to add Guarantees additional guarantors in respect of any series or all of the Securities; or (l) to make any other change that does not adversely affect the rights of the Holders of any or all series of Securities; or (m12) to make any change necessary to comply with any requirement of the Commission in connection with the qualification of this Indenture or any supplemental indenture under the Trust Indenture Act. No supplemental indenture for the purposes identified in clauses Clauses (b2), (c3), (5) or (e7) above may be entered into if to do so would adversely affect the rights of the Holders of Outstanding Securities of any series in any material respect.

Appears in 2 contracts

Sources: Indenture (Turner Broadcasting System Inc), Indenture (Time Warner Inc)

Supplemental Indentures Without Consent of Securityholders. Except as otherwise set forth in an indenture supplemental hereto or Board Resolution creating such series of Securities or in the form of Security for such series, without Without the consent of the Holders of any Securities, the Company, when authorized by a Board Resolution, the Guarantor, when authorized by a Guarantor's Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental hereto, in form reasonably satisfactory to the Trustee, for any of the following purposes: (a1) to evidence the succession of another corporation or Person to the Company or any the Guarantor, if any, and the assumption by any such successor of the respective covenants of the Company or any Guarantor herein and in the Securities contained; or (b2) to add to the covenants of the Company or any the Guarantor, if any, or to surrender any right or power herein conferred upon the Company or any the Guarantor, for the benefit of the Holders of the Securities of any or all series (and if such covenants or the surrender of such right or power are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included or such surrenders are expressly being made solely for the benefit of one or more specified series); or (c3) to cure any ambiguity, to correct or supplement any provision herein which may be inconsistent with any other provision herein, or to make any other provisions with respect to matters or questions arising under this Indenture; or (d4) to add to this Indenture such provisions as may be expressly permitted by the TIA, excluding, however, the provisions referred to in Section 3 16(a)(2316(a)(2) of the TIA as in effect at the date as of which this instrument was executed or any corresponding provision in any similar federal statute hereafter enacted; or (e5) to establish any form of Security, as provided in Article IITwo, and to provide for the issuance of any series of Securities as provided in Article III Three and to set forth the terms thereof, and/or to add to the rights of the Holders of the Securities of any series; or (f6) to evidence and provide for the acceptance of appointment by another corporation as a successor Trustee hereunder with respect to one or more series of Securities and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, pursuant to Section 6.11611; or (g7) to add any additional Events of Default in respect of the Securities of any or all series (and if such additional Events of Default are to be in respect of less than all series of Securities, stating that such Events of Default are expressly being included solely for the benefit of one or more specified series); or (h) to provide for uncertificated Securities in addition to or in place of certificated Securities and to provide for bearer Securities; provided that uncertificated Securities are issued in registered form for purposes of Section 163(f) of the Internal Revenue Code of 1986, as amended, or in a manner such that the uncertificated Securities are described in Section 163(f)(2)(B) of such Internal Revenue Code; or (i) 8) to provide for the terms and conditions issuance of conversion into Common Stock or other Marketable Securities of the Securities of any series which are convertible into Common Stock or other Marketable Securities, if any; or (j) to secure the Securities of any series; or (k) to add Guarantees in respect of any series or all of the Securities; or (l) to make any other change that does not adversely affect the rights of the Holders of any or all series of Securities; or (m) to make any change necessary to comply with any requirement of the Commission in connection with the qualification of this Indenture or any supplemental indenture under the Trust Indenture Actcoupon as well as fully registered form. No supplemental indenture for the purposes identified in clauses Clauses (b2), (c3), (5) or (e7) above may be entered into if to do so would adversely affect the rights interest of the Holders of Outstanding Securities of any series in any material respectseries.

Appears in 2 contracts

Sources: Junior Subordinated Indenture (Fund American Co Inc/New), Junior Subordinated Indenture (Fund American Co Inc/New)

Supplemental Indentures Without Consent of Securityholders. Except as otherwise set forth in an indenture supplemental hereto or Board Resolution creating such series of Securities or in the form of Security for such series, without Without the consent of the Holders of any Securities, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental hereto, in form reasonably satisfactory to the Trustee, for any of the following purposes: (a1) to evidence the succession of another corporation or Person to the Company or any Guarantor, if any, and the assumption by any such successor of the respective covenants of the Company or any Guarantor herein and in the Securities contained; or (b2) to add to the covenants of the Company or any Guarantor, if any, or to surrender any right or power herein conferred upon the Company or any Guarantor, for the benefit of the Holders of the Securities of any or all series (and if such covenants or the surrender of such right or power are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included or such surrenders are expressly being made solely for the benefit of one or more specified series); or (c3) to cure any ambiguity, to correct or supplement any provision herein which may be inconsistent with any other provision herein, or to make any other provisions with respect to matters or questions arising under this Indenture; or (d4) to add to this Indenture such provisions as may be expressly permitted by the TIA, excluding, however, the provisions referred to in Section 3 16(a)(2316(a)(2) of the TIA as in effect at the date as of which this instrument was executed or any corresponding provision in any similar federal statute hereafter enacted; or (e5) to establish any form of Security, as provided in Article II, to provide for the issuance of any series of Securities as provided in Article III and to set forth the terms thereof, and/or to add to the rights of the Holders of the Securities of any series; or (f6) to evidence and provide for the acceptance of appointment by another corporation as a successor Trustee hereunder with respect to one or more series of Securities and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, pursuant to Section 6.11; or (g7) to add any additional Events of Default in respect of the Securities of any or all series (and if such additional Events of Default are to be in respect of less than all series of Securities, stating that such Events of Default are expressly being included solely for the benefit of one or more specified series); or (h) 8) to provide for uncertificated Securities in addition to or in place of certificated Securities and to provide for bearer Securities; provided that uncertificated Securities are issued in registered form for purposes of Section 163(f) of the Internal Revenue Code of 1986, as amended, or in a manner such that the uncertificated Securities are described in Section 163(f)(2)(B) of such Internal Revenue Code; or (i9) to provide for the terms and conditions of conversion into Common Stock or other Marketable Securities of the Securities of any series which are convertible into Common Stock or other Marketable Securities, if anydifferent from those set forth in Article XIII; or (j10) to secure the Securities of any seriesseries pursuant to Section 10.06 or otherwise; or (k11) to add Guarantees additional guarantors in respect of any series or all of the Securities; or (l12) to make any other change that does not adversely affect the rights of the Holders of any or all series of Securities; or (m13) to make any change necessary to comply with any requirement of the Commission in connection with the qualification of this Indenture or any supplemental indenture under the Trust Indenture Act. No supplemental indenture for the purposes identified in clauses Clauses (b2), (c3), (5) or (e7) above may be entered into if to do so would adversely affect the rights of the Holders of Outstanding Securities of any series in any material respect.

Appears in 2 contracts

Sources: Indenture (Time Warner Cable Internet Holdings II LLC), Indenture (Time Warner Cable Inc.)

Supplemental Indentures Without Consent of Securityholders. Except as otherwise set forth in an indenture supplemental hereto or Board Resolution creating such series of Securities or in the form of Security for such series, without Without the consent of the Holders of any Securities, the Company, when authorized by a Board Resolution, Company and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental heretohereto (which shall conform to the provisions of the Trust Indenture Act as in force at the date of execution thereof), in form reasonably satisfactory to the Trustee, for any of the following purposes: (a) to evidence the succession of another corporation or Person to the Company Company, or any Guarantor, if anysuccessive successions, and the assumption by any such successor of the respective covenants covenants, agreements and obligations of the Company or any Guarantor herein and in the Securities containedpursuant to Article 8 hereof; or (b) to add to the covenants of the Company such further covenants, restrictions or conditions for the protection of the Holders of the Securities of any Guarantor, if any, or all series as the Company and the Trustee shall consider to be for the protection of the Holders of the Securities of any or all series or to surrender any right or power herein conferred upon the Company or any Guarantor, for the benefit of the Holders of the Securities of any or all series (and if such covenants or the surrender of such right or power are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included or such surrenders are expressly being made solely for the benefit of one or more specified series); or (c) to cure any ambiguity, to correct or supplement any provision herein which may be inconsistent with any other provision hereinherein or in any supplemental indenture, or to make any other provisions with respect to matters or questions arising under this IndentureIndenture that do not adversely affect the interests of the Holders of Securities of any series in any material respect; or (d) to add to this Indenture such provisions as may be expressly permitted by the TIATrust Indenture Act, excluding, however, the provisions referred to in Section 3 16(a)(2316(a)(2) of the TIA Trust Indenture Act as in effect at the date as of which this instrument was is executed or any corresponding provision in any similar federal statute hereafter enacted; or (e) to secure any series of Securities; or (f) to establish any form of Security, as provided in Article II2 hereof, and to provide for the issuance of any series of Securities Securities, as provided in Article III 3 hereof, and to set forth the terms thereof, and/or to add to the rights of the Holders of the Securities of any series; or (fg) to evidence and provide for the acceptance of appointment by another corporation as a successor Trustee hereunder with respect to one or more series of Securities and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, pursuant to Section 6.116.11 hereof; or (gh) to add any additional Events of Default in respect of the Securities of any or all series (and if such additional Events of Default are to be in respect of less than all series of Securities, stating that such Events of Default are expressly being included solely for the benefit of one or more specified series); or (h) to provide for uncertificated Securities in addition to or in place of certificated Securities and to provide for bearer Securities; provided that uncertificated Securities are issued in registered form for purposes of Section 163(f) of the Internal Revenue Code of 1986, as amended, or in a manner such that the uncertificated Securities are described in Section 163(f)(2)(B) of such Internal Revenue Code; or (i) to provide for the terms and conditions of conversion into Common Stock or other Marketable Securities of the Securities of any series which are convertible into Common Stock or other Marketable Securities, if any; or (j) to secure the Securities of any series; or (k) to add Guarantees in respect of any series or all of the Securities; or (l) to make any other change that does not adversely affect the rights of the Holders of any or all series of Securities; or (m) to make any change necessary to comply with any requirement the requirements of the Commission in connection with the qualification of this Indenture or any supplemental indenture under the Trust Indenture Act. No supplemental indenture for the purposes identified ; or (j) to make any change in clauses (b), (c) or (e) above may be entered into if to do so would any series of Securities that does not adversely affect in any material respect the rights interests of the Holders of Outstanding Securities of any series in any material respectsuch Securities.

Appears in 2 contracts

Sources: Subordinated Indenture (Air Industries Group), Subordinated Indenture (Air Industries Group)

Supplemental Indentures Without Consent of Securityholders. Except as otherwise set forth in an indenture supplemental hereto or Board Resolution creating such series of Securities or in the form of Security for such series, without Without the consent of the Holders of any Securities, the CompanyBank, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental hereto, in form reasonably satisfactory to the Trustee, for any of the following purposes: (a) to evidence the succession of another corporation or Person to the Company or any Guarantor, if anyBank, and the assumption by any such successor of the respective covenants of the Company or any Guarantor Bank herein and in the Securities contained; or (b) to add to the covenants of the Company or any Guarantor, if anyBank, or to surrender any right or power herein conferred upon the Company or any GuarantorBank, for the benefit of the Holders of the Securities of any or all series (and if such covenants or the surrender of such right or power are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included or such surrenders are expressly being made solely for the benefit of one or more specified series); or (c) to cure any ambiguityambiguity or defect, to correct or supplement any provision herein which may be inconsistent with any other provision herein, or to make herein so long as it does not have a material adverse effect on the rights of any other provisions with respect to matters or questions arising under this IndentureHolder; or (d) to add to this Indenture such provisions as may be expressly permitted by the TIA, excluding, however, the provisions referred to in Section 3 16(a)(2316(a)(2) of the TIA as in effect at the date as of which this instrument was executed or any corresponding provision in any similar federal Federal statute hereafter enacted; or (e) to establish any form of Security, as provided in Article IITwo, and to provide for the issuance of any series of Securities as provided in Article III Three and to set forth the terms thereof, and/or to add to the rights of the Holders of the Securities of any series; or (f) to evidence and provide for the acceptance of appointment by another corporation as a successor Trustee hereunder with respect to one or more series of Securities securities and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, pursuant to Section 6.11; or (g) to add any additional Events of Default in respect of the Securities of any or all series (and if such additional Events of Default are to be in respect of less than all series of Securities, stating that such Events of Default are expressly being included solely for the benefit of one or more specified series); or (h) to provide for uncertificated the issuance of Securities in addition bearer form, to or in place of certificated Securities and to provide for bearer Securities; provided that uncertificated Securities are issued in the extent permitted by law, with coupons as well as fully registered form for purposes of Section 163(f) of the Internal Revenue Code of 1986, as amended, or in a manner such that the uncertificated Securities are described in Section 163(f)(2)(B) of such Internal Revenue Codeform; or (i) to provide for the terms and conditions of conversion into Common Stock or other Marketable Securities of the Securities of any series which are convertible into Common Stock or other Marketable Securities, if any; or (j) to secure the Securities of any series; or (k) to add Guarantees in respect of any series or all of the Securities; or (l) to make any such other change that does changes to this Indenture as shall not adversely affect the rights interests of the Holders of the Securities in any or all series of Securities; or (m) to make any change necessary to comply with any requirement of the Commission in connection with the qualification of this Indenture or any supplemental indenture under the Trust Indenture Actmaterial respect. No supplemental indenture for the purposes identified in clauses (b), (c) or (e) above may be entered into if unless to do so would not adversely affect the rights interest of the Holders of Outstanding Securities Securityholders of any series series; provided, further, that no supplemental indenture for the purposes identified in clause (i) above may be entered into unless to do so would not, as evidenced by an Opinion of Counsel delivered to the Trustee, adversely affect the interest of the Securityholders of any material respectseries.

Appears in 2 contracts

Sources: Indenture (Corpbanca/Fi), Indenture (Corpbanca/Fi)

Supplemental Indentures Without Consent of Securityholders. Except as otherwise set forth in an indenture supplemental hereto Without notice to or Board Resolution creating such series of Securities or in the form of Security for such series, without the consent of the Holders of any Securities, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental hereto, in form reasonably satisfactory to the Trustee, for any of the following purposes: (a1) to evidence the succession of another corporation or Person to the Company or any Guarantor, if anyCompany, and the assumption by any such successor of the respective covenants of the Company or any Guarantor herein and in the Securities contained; or (b2) to add to the covenants of the Company or any Guarantor, if anyCompany, or to surrender any right or power herein conferred upon the Company or any GuarantorCompany, for the benefit of the Holders of the Securities of any or all series (and if such covenants or the surrender of such right or power are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included or such surrenders are expressly being made solely for the benefit of one or more specified series); or (c3) to cure any ambiguityambiguity or omission herein, to correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, or to make any other provisions with respect to matters or questions arising under this Indenture, which shall not be inconsistent with the provisions of this Indenture; or (d4) to add to this Indenture such provisions as may be expressly permitted by the TIATrust Indenture Act, excluding, however, the provisions referred to in Section 3 16(a)(23.16(a)(2) of the TIA Trust Indenture Act as in effect at the date as of which this instrument was executed or any corresponding provision in any similar federal statute hereafter enactedenacted or to comply with the Securities Act of 1933, as amended, or any requirements of the Securities and Exchange Commission; or (e5) to establish any form of Security, including any convertible securities, as provided in Article IITwo, and to provide for the issuance of any series of Securities as provided in Article III Three and to set forth the terms thereof, and/or to add to the rights of the Holders of the Securities of any series; or (f6) to evidence and provide for the acceptance of appointment by another corporation as a successor Trustee hereunder with respect to one or more series of Securities and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, pursuant to Section 6.11; or; (g7) to add any additional Events of Default in respect of the Securities of any or all series (and if such additional Events of Default are to be in respect of less than all series of Securities, stating that such Events of Default are expressly being included solely for the benefit of one or more specified series); or (h) 8) to provide for uncertificated Securities in addition conform this Indenture to or in place of certificated Securities and to provide for bearer Securities; provided that uncertificated Securities are issued in registered form for purposes of Section 163(f) of the Internal Revenue Code of 1986, as amended, or in a manner such that the uncertificated Securities are described in Section 163(f)(2)(B) of such Internal Revenue Code; or (i) to provide for the terms and conditions of conversion into Common Stock or other Marketable Securities description of the Securities of any series which are convertible into Common Stock or other Marketable Securitiescontained in the Company's prospectus and the applicable prospectus supplement, if any; or (j) relating to secure the Securities of any series; or (k) to add Guarantees in respect of any series or all of the Securities; or (l) to make any other change that does not adversely affect the rights of the Holders of any or all series offering of Securities; or (m) to make any change necessary to comply with any requirement of the Commission in connection with the qualification of this Indenture or any supplemental indenture under the Trust Indenture Act. No supplemental indenture for the purposes identified in clauses clause (b), (c) or (e3) above may be entered into if if, in the good faith opinion of the Board of Directors or the Trustee, to do so would adversely affect the rights interest of the Holders of Outstanding Securities of any series in any material respectseries.

Appears in 2 contracts

Sources: Senior Indenture (Magna Entertainment Corp), Subordinated Indenture (Magna Entertainment Corp)

Supplemental Indentures Without Consent of Securityholders. Except as otherwise set forth in an indenture supplemental hereto or Board Resolution creating such series of Securities or in the form of Security for such series, without Without the consent of the Holders of any Securities, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental hereto, in form reasonably satisfactory to the Trustee, for any of the following purposes: (a1) to evidence the succession of another corporation or Person to the Company or any Guarantor, if anyCompany, and the assumption by any such successor of the respective covenants of the Company or any Guarantor herein and in the Securities contained; or (b2) to add to the covenants of the Company or any Guarantor, if anyCompany, or to surrender any right or power herein conferred upon the Company or any GuarantorCompany, for the benefit of the Holders of the Securities of any or all series (and if such covenants or the surrender of such right or power are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included or such surrenders are expressly being made solely for the benefit of one or more specified series); or (c3) to cure any ambiguityambiguity or defect, to correct or supplement any provision herein which may be inconsistent with any other provision herein, or ; or (4) to make any other provisions with respect to matters or questions arising under this IndentureIndenture or the Securities or make any other changes herein or therein; or (d5) to add to this Indenture such provisions as may be expressly permitted by the TIA, excluding, however, the provisions referred to in Section 3 16(a)(2316(a)(2) of the TIA as in effect at the date as of which this instrument was executed or any corresponding provision in any similar federal statute hereafter enacted; or (e6) to establish any form of Security, as provided in Article IITwo, to provide for the issuance of any series of Securities as provided in and subject to the terms of Article III Three (including the issuance of further securities having identical terms to the series of any Securities so that the further issue is consolidated and forms a single series with the Securities), to set forth the terms thereof, thereof and/or to add to the rights of the Holders of the Securities of any series; or (f7) to evidence and provide for the acceptance of appointment by another corporation as a successor Trustee hereunder with respect to one or more series of Securities and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, pursuant to Section 6.11611; or (g) 8) to add any additional Events of Default in respect of the Securities of any or all series (and if such additional Events of Default are to be in respect of less than all series of Securities, stating that such Events of Default are expressly being included solely for the benefit of one or more specified series); or (h) to provide for uncertificated Securities in addition to or in place of certificated Securities and to provide for bearer Securities; provided that uncertificated Securities are issued in registered form for purposes of Section 163(f) of the Internal Revenue Code of 1986, as amended, or in a manner such that the uncertificated Securities are described in Section 163(f)(2)(B) of such Internal Revenue Code; or (i9) to provide for the terms and conditions issuance of conversion into Common Stock or other Marketable Securities of in bearer form, to the Securities of any series which are convertible into Common Stock or other Marketable Securitiesextent permitted by law, if any; or (j) to secure the Securities of any series; or (k) to add Guarantees in respect of any series or all of the Securities; or (l) to make any other change that does not adversely affect the rights of the Holders of any or all series of Securities; or (m) to make any change necessary to comply with any requirement of the Commission in connection with the qualification of this Indenture or any supplemental indenture under the Trust Indenture Actcoupons as well as fully registered form. No supplemental indenture for the purposes identified in clauses (b2), (c3), (4), (6) or (e) 8) above may be entered into if to do so would adversely affect the rights interests of the Holders of Outstanding the Securities of any series in any material respect.

Appears in 2 contracts

Sources: Indenture (Arauco & Constitution Pulp Inc), Indenture (Arauco & Constitution Pulp Inc)

Supplemental Indentures Without Consent of Securityholders. Except as otherwise set forth in an indenture supplemental hereto or Board Resolution creating such series of Securities or in the form of Security for such series, without Without the consent of the Holders of any Securities, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental hereto, in form reasonably satisfactory to the Trustee, for any of the following purposes: (a1) to evidence the succession of another corporation or Person to the Company or any Guarantor, if anyCompany, and the assumption by any such successor of the respective covenants of the Company or any Guarantor herein and in the Securities contained; or (b2) to add to the covenants of the Company or any Guarantor, if anyCompany, or to surrender any right or power herein conferred upon the Company or any GuarantorCompany, for the benefit of the Holders of the Securities of any or all series (and if such covenants or the surrender of such right or power are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included or such surrenders are expressly being made solely for the benefit of one or more specified series); or (c3) to cure any ambiguity, to correct or supplement any provision herein which may be inconsistent with any other provision herein, or to make any other provisions with respect to matters or questions arising under this Indenture; or (d4) to add to this Indenture such provisions as may be expressly permitted by the TIA, excluding, however, the provisions referred to in Section 3 16(a)(2316(a)(2) of the TIA as in effect at the date as of which this instrument was executed or any corresponding provision in any similar federal Federal statute hereafter enacted; or (e5) to establish any form of Security, as provided in Article IITwo, and to provide for the issuance of any series of Securities securities as provided in Article III Three and to set forth the terms thereof, and/or to add to the rights of the Holders of the Securities of any series; or (f6) to evidence and provide for the acceptance of appointment by another corporation as a successor Trustee hereunder with respect to one or more series of Securities and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, pursuant to Section 6.11611; or (g7) to add any additional Events of Default in respect of the Securities of any or all series (and if such additional Events of Default are to be in respect of less than all series of Securities, stating that such Events of Default are expressly being included solely for the benefit of one or more specified series); or (h) to provide for uncertificated Securities in addition to or in place of certificated Securities and to provide for bearer Securities; provided that uncertificated Securities are issued in registered form for purposes of Section 163(f) of the Internal Revenue Code of 1986, as amended, or in a manner such that the uncertificated Securities are described in Section 163(f)(2)(B) of such Internal Revenue Code; or (i) 8) to provide for the terms and conditions issuance of conversion into Common Stock or other Marketable Securities of the Securities of any series which are convertible into Common Stock or other Marketable Securities, if any; or (j) to secure the Securities of any series; or (k) to add Guarantees in respect of any series or all of the Securities; or (l) to make any other change that does not adversely affect the rights of the Holders of any or all series of Securities; or (m) to make any change necessary to comply with any requirement of the Commission in connection with the qualification of this Indenture or any supplemental indenture under the Trust Indenture Actcoupon as well as fully registered form. No supplemental indenture for the purposes identified in clauses Clauses (b2), (c3), (5) or (e7) above may be entered into if to do so would adversely affect the rights interest of the Holders of Outstanding Securities of any series in any material respectseries.

Appears in 2 contracts

Sources: Indenture (Baker Hughes Inc), Indenture (Baker Hughes Inc)

Supplemental Indentures Without Consent of Securityholders. Except as otherwise set forth in an indenture supplemental hereto or Board Resolution creating such series of Securities or in the form of Security for such series, without Without the consent of the Holders of any Securities, the Company, when authorized by a Board Resolution, Company and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental heretohereto (which shall conform to the provisions of the Trust Indenture Act as in force at the date of execution thereof), in form reasonably satisfactory to the Trustee, for any of the following purposes: (a) to evidence the succession of another corporation or Person to the Company Company, or any Guarantor, if anysuccessive successions, and the assumption by any such successor of the respective covenants covenants, agreements, and obligations of the Company or any Guarantor herein and in the Securities containedpursuant to Article 8 hereof; or (b) to add to the covenants of the Company such further covenants, restrictions or conditions for the protection of the Holders of the Securities of any Guarantor, if any, or all series as the Company and the Trustee shall consider to be for the protection of the Holders of the Securities of any or all series or to surrender any right or power herein conferred upon the Company or any Guarantor, for the benefit of the Holders of the Securities of any or all series (and if such covenants or the surrender of such right or power are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included or such surrenders are expressly being made solely for the benefit of one or more specified series); or (c) to cure any ambiguity, to correct or supplement any provision herein which that may be inconsistent with any other provision hereinherein or in any supplemental indenture, or to make any other provisions with respect to matters or questions arising under this IndentureIndenture that do not adversely affect the interests of the Holders of Securities of any series in any material respect; or (d) to add to this Indenture such provisions as may be expressly permitted by the TIATrust Indenture Act, excluding, however, the provisions referred to in Section 3 16(a)(2316(a)(2) of the TIA Trust Indenture Act as in effect at the date as of which this instrument was is executed or any corresponding provision in any similar federal statute hereafter enacted; or (e) to add guarantors or co-obligors with respect to any series of Securities; or (f) to secure any series of Securities; or (g) to establish any form of Security, as provided in Article II2 hereof, and to provide for the issuance of any series of Securities Securities, as provided in Article III 3 hereof, and to set forth the terms thereof, and/or to add to the rights of the Holders of the Securities of any series; or (fh) to evidence and provide for the acceptance of appointment by another corporation as a successor Trustee hereunder with respect to one or more series of Securities and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, pursuant to Section 6.116.11 hereof; or (gi) to add any additional Events of Default in respect of the Securities of any or all series (and if such additional Events of Default are to be in respect of less than all series of Securities, stating that such Events of Default are expressly being included solely for the benefit of one or more specified series); or (h) to provide for uncertificated Securities in addition to or in place of certificated Securities and to provide for bearer Securities; provided that uncertificated Securities are issued in registered form for purposes of Section 163(f) of the Internal Revenue Code of 1986, as amended, or in a manner such that the uncertificated Securities are described in Section 163(f)(2)(B) of such Internal Revenue Code; or (i) to provide for the terms and conditions of conversion into Common Stock or other Marketable Securities of the Securities of any series which are convertible into Common Stock or other Marketable Securities, if any; or (j) to secure the Securities of any series; or (k) to add Guarantees in respect of any series or all of the Securities; or (l) to make any other change that does not adversely affect the rights of the Holders of any or all series of Securities; or (m) to make any change necessary to comply with any requirement the requirements of the Commission in connection with the qualification of this Indenture or any supplemental indenture under the Trust Indenture Act. No supplemental indenture for the purposes identified ; or (k) to make any change in clauses (b), (c) or (e) above may be entered into if to do so would any series of Securities that does not adversely affect in any material respect the rights interests of the Holders of Outstanding Securities of any series in any material respectsuch Securities.

Appears in 1 contract

Sources: Indenture (Barrett Business Services Inc)

Supplemental Indentures Without Consent of Securityholders. Except as otherwise set forth in an indenture supplemental hereto or Board Resolution creating such series of Securities or in the form of Security for such series, without the consent of the Holders of any Securities, the The Company, when authorized by a resolution of its Board Resolutionof Directors (which resolution may provide general terms or parameters for such action and may provide that the specific terms of such action may be determined in accordance with or pursuant to a Company Order), and the Trustee, Trustee may from time to time and at any time and from time to time, may enter into an indenture or indentures supplemental hereto for one or more indentures supplemental hereto, in form reasonably satisfactory to the Trustee, for any of the following purposes: (a) to cause the Indenture to be qualified under the Trust Indenture Act;or (b) to evidence the succession of another corporation or Person to the Company or any Guarantor, if any, and the assumption by any such successor of the respective covenants of the Company or any Guarantor herein and in the Securities containedNotes; or (bc) to add to the covenants of the Company or any Guarantor, if any, for the benefit of the Holders of Notes or to surrender any right or power herein conferred upon the Company or any Guarantor, for the benefit of the Holders of the Securities of any or all series (and if such covenants or the surrender of such right or power are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included or such surrenders are expressly being made solely for the benefit of one or more specified series); or (c) to cure any ambiguity, to correct or supplement any provision herein which may be inconsistent with any other provision herein, or to make any other provisions with respect to matters or questions arising under this IndentureCompany; or (d) to add to this Indenture such provisions as may be expressly permitted by any additional Events of Default for the TIA, excluding, however, the provisions referred to in Section 3 16(a)(2) benefit of the TIA as in effect at the date as Holders of which this instrument was executed or any corresponding provision in any similar federal statute hereafter enactedNotes; or (e) to establish add to, change or eliminate any form of Securitythe provisions of this Indenture, as provided in Article IIthat any such addition, change or elimination (A) shall neither (i) apply to provide for any Note created prior to the issuance execution of any series such supplemental indenture and entitled to the benefit of Securities as provided in Article III and to set forth the terms thereof, and/or to add to such provision nor (ii) modify the rights of the Holders of the Securities Holder of any seriessuch Note with respect to such provision or (B) shall become effective only when there is no such Note Outstanding; or (f) to secure the Notes pursuant to the requirements of Section 3.10 or otherwise, (g) to evidence and provide for the acceptance of appointment hereunder by another corporation as a successor Trustee hereunder with respect to one or more series of Securities the Notes and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, pursuant to the requirements of Section 6.11; or (g) to add any additional Events of Default in respect of the Securities of any or all series (and if such additional Events of Default are to be in respect of less than all series of Securities, stating that such Events of Default are expressly being included solely for the benefit of one or more specified series); or (h) to provide for uncertificated Securities in addition cure any ambiguity, to correct or supplement any provision herein or in place of certificated Securities and the Security Documents which may be defective or inconsistent with any other provision herein, or to provide for bearer Securities; make any other provisions with respect to matters or questions arising under this Indenture or the Security Documents, provided that uncertificated Securities are issued in registered form for purposes of Section 163(fsuch action pursuant to this clause (i) shall not adversely affect the interests of the Internal Revenue Code Holders of 1986, as amended, or Notes in a manner such that the uncertificated Securities are described in Section 163(f)(2)(B) of such Internal Revenue Codeany material respect; or (i) to provide for the terms and conditions of conversion into Common Stock or other Marketable Securities supplement any of the Securities of any series which are convertible into Common Stock or other Marketable Securities, if any; or (j) to secure the Securities of any series; or (k) to add Guarantees in respect of any series or all provisions of the Securities; or (l) Indenture to make such extent as shall be necessary to permit or facilitate the defeasance and discharge of Notes pursuant to Article X, provided that any other change that does such action shall not adversely affect the rights interests of the Holders of any or all series of Securities; or (m) to make any change necessary to comply with any requirement of the Commission in connection with the qualification of this Indenture or any supplemental indenture under the Trust Indenture Act. No supplemental indenture for the purposes identified in clauses (b), (c) or (e) above may be entered into if to do so would adversely affect the rights of the Holders of Outstanding Securities of any series Notes in any material respect.

Appears in 1 contract

Sources: Indenture (Quadramed Corp)

Supplemental Indentures Without Consent of Securityholders. Except as otherwise set forth in an indenture supplemental hereto or Board Resolution creating such series of Securities or in the form of Security for such series, without Without the consent of the Holders of any Securities, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental hereto, in form reasonably satisfactory to the Trustee, for any of the following purposes: (a1) to evidence the succession of another corporation or Person to the Company or any Guarantor, if any, Guarantor and the assumption by any such successor of the respective covenants of the Company or any Guarantor herein and in the Securities contained; oror the Guarantees relating thereto; (b2) to add to the covenants of the Company or any Guarantor, if anythe Guarantors, or to surrender any right or power herein conferred upon the Company or any Guarantorthe rights or powers of the Guarantors, for the benefit of the Holders of the Securities of any or all series (and if such covenants or the surrender of such right or power are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included or such surrenders are expressly being made solely for the benefit of one or more specified series); or; (c3) to cure any ambiguity, to correct or supplement any provision herein which may be inconsistent with any other provision herein, or to make any other provisions with respect to matters or questions arising under this Indenture; orprovided that any such supplemental indenture shall not materially and adversely affect the interests of the Securityholders of any series; (d4) to add to this Indenture such provisions as may be expressly permitted by the TIA, excluding, however, the provisions referred to in Section 3 16(a)(2316(a)(2) of the TIA as in effect at the date as of which this instrument was executed or any corresponding provision in any similar federal statute hereafter enacted; or; (e5) to establish any form of Security, as provided in Article II2, to provide for the issuance of any series of Securities as provided in Article III 3 and to set forth the terms thereof, and/or to add to the rights of the Holders of the Securities of any series; or; (f6) to evidence and provide for the acceptance of the appointment by another corporation as a successor Trustee hereunder with respect to one or more series of Securities and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, Trustee pursuant to Section 6.11; or; (g7) to add any additional Events of Default in respect of the Securities of any or all series (and if such additional Events of Default are to be in respect of less than all series of Securities, stating that such Events of Default are expressly being included solely for the benefit of one or more specified series); or; (h) to provide for uncertificated Securities in addition to or in place of certificated Securities and to provide for bearer Securities; provided that uncertificated Securities are issued in registered form for purposes of Section 163(f) of the Internal Revenue Code of 1986, as amended, or in a manner such that the uncertificated Securities are described in Section 163(f)(2)(B) of such Internal Revenue Code; or (i) 8) to provide for the terms and conditions issuance of conversion into Common Stock or other Marketable Securities of the Securities of any series which are convertible into Common Stock or other Marketable Securities, if any; orin coupon as well as in fully registered form; (j9) to secure the Securities of any seriesseries pursuant to Section 10.06 or otherwise; or (k10) to add Guarantees in respect evidence the addition of any series or all Subsidiary of the Securities; or (l) to make any other change that does not adversely affect Company as a Guarantor hereunder or the rights of the Holders release of any or all series Guarantor hereunder and any of Securities; or (m) to make any change necessary to comply its obligations hereunder in accordance with any requirement of the Commission in connection with the qualification of this Indenture or any supplemental indenture under the Trust Indenture Act. No supplemental indenture for the purposes identified in clauses (b), (c) or (e) above may be entered into if to do so would adversely affect the rights of the Holders of Outstanding Securities of any series in any material respectArticle 12.

Appears in 1 contract

Sources: Indenture (Gulfstream Aerospace Corp)

Supplemental Indentures Without Consent of Securityholders. Except as otherwise set forth in an indenture supplemental hereto or Board Resolution creating such series of Securities or in the form of Security for such series, without Without the consent of the Holders of any Securities, the Company, when authorized by a Board Resolution, Company and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental heretohereto (which shall conform to the provisions of the Trust Indenture Act as in force at the date of execution thereof), in form reasonably satisfactory to the Trustee, for any of the following purposes: (a) to evidence the succession of another corporation or Person to the Company Company, or any Guarantor, if anysuccessive successions, and the assumption by any such successor of the respective covenants covenants, agreements and obligations of the Company or any Guarantor herein and in the Securities containedpursuant to Article VIII hereof; or (b) to add to the covenants of the Company such further covenants, restrictions or conditions for the protection of the Holders of the Securities of any Guarantor, if any, or all series as the Company and the Trustee shall consider to be for the protection of the Holders of the Securities of any or all series or to surrender any right or power herein conferred upon the Company or any Guarantor, for the benefit of the Holders of the Securities of any or all series (and if such covenants or the surrender of such right or power are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included or such surrenders are expressly being made solely for the benefit of one or more specified series); or (c) to cure any ambiguity, to correct or supplement any provision herein which may be inconsistent with any other provision hereinherein or in any supplemental indenture, or to make any other provisions with respect to matters or questions arising under this IndentureIndenture that do not adversely affect the interests of the Holders of Securities of any series in any material respect; or (d) to add to this Indenture such provisions as may be expressly permitted by the TIATrust Indenture Act, excluding, however, the provisions referred to in Section 3 16(a)(2316(a)(2) of the TIA Trust Indenture Act as in effect at the date as of which this instrument was is executed or any corresponding provision in any similar federal statute hereafter enacted; or (e) to add guarantors or co-obligors with respect to any series of Securities; or (f) to secure any series of Securities; or (g) to establish any form of Security, as provided in Article IIII hereof, and to provide for the issuance of any series of Securities Securities, as provided in Article III hereof, and to set forth the terms thereof, and/or to add to the rights of the Holders of the Securities of any series; or (fh) to evidence and provide for the acceptance of appointment by another corporation as a successor Trustee hereunder with respect to one or more series of Securities and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, pursuant to Section 6.116.11 hereof; or (gi) to add any additional Events of Default in respect of the Securities of any or all series (and if such additional Events of Default are to be in respect of less than all series of Securities, stating that such Events of Default are expressly being included solely for the benefit of one or more specified series); or (h) to provide for uncertificated Securities in addition to or in place of certificated Securities and to provide for bearer Securities; provided that uncertificated Securities are issued in registered form for purposes of Section 163(f) of the Internal Revenue Code of 1986, as amended, or in a manner such that the uncertificated Securities are described in Section 163(f)(2)(B) of such Internal Revenue Code; or (i) to provide for the terms and conditions of conversion into Common Stock or other Marketable Securities of the Securities of any series which are convertible into Common Stock or other Marketable Securities, if any; or (j) to secure the Securities of any series; or (k) to add Guarantees in respect of any series or all of the Securities; or (l) to make any other change that does not adversely affect the rights of the Holders of any or all series of Securities; or (m) to make any change necessary to comply with any requirement the requirements of the Commission in connection with the qualification of this Indenture or any supplemental indenture under the Trust Indenture Act. No supplemental indenture for the purposes identified ; or (k) to make any change in clauses (b), (c) or (e) above may be entered into if to do so would any series of Securities that does not adversely affect in any material respect the rights interests of the Holders of Outstanding Securities of any series in any material respectsuch Securities.

Appears in 1 contract

Sources: Subordinated Indenture (ServisFirst Bancshares, Inc.)

Supplemental Indentures Without Consent of Securityholders. Except as otherwise set forth in an indenture supplemental hereto or Board Resolution creating such series of Securities or in the form of Security for such series, without the consent of the Holders of any Securities, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or 36 more indentures supplemental hereto, in form reasonably satisfactory to the Trustee, for any of the following purposes: (a1) to evidence the succession of another corporation or Person to the Company or any Guarantor, if any, and the assumption by any such successor of the respective covenants of the Company or any Guarantor herein and in the Securities contained; or (b2) to add to the covenants of the Company or any Guarantor, if any, or to surrender any right or power herein conferred upon the Company or any Guarantor, for the benefit of the Holders of the Securities of any or all series (and if such covenants or the surrender of such right or power are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included or such surrenders are expressly being made solely for the benefit of one or more specified series); or (c3) to cure any ambiguity, to correct or supplement any provision herein which may be inconsistent with any other provision herein, or to make any other provisions with respect to matters or questions arising under this Indenture; or (d4) to add to this Indenture such provisions as may be expressly permitted by the TIA, excluding, however, the provisions referred to in Section 3 16(a)(2316(a)(2) of the TIA as in effect at the date as of which this instrument was executed or any corresponding provision in any similar federal statute hereafter enacted; or (e5) to establish any form of Security, as provided in Article II, to provide for the issuance of any series of Securities as provided in Article III and to set forth the terms thereof, and/or to add to the rights of the Holders of the Securities of any series; or (f6) to evidence and provide for the acceptance of appointment by another corporation as a successor Trustee hereunder with respect to one or more series of Securities and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, pursuant to Section 6.11; or (g7) to add any additional Events of Default in respect of the Securities of any or all series (and if such additional Events of Default are to be in respect of less than all series of Securities, stating that such Events of Default are expressly being included solely for the benefit of one or more specified series); or (h) 8) to provide for uncertificated Securities in addition to or in place of certificated Securities and to provide for bearer Securities; provided that uncertificated Securities are issued in registered form for purposes of Section 163(f) of the Internal Revenue Code of 1986, as amended, or in a manner such that the uncertificated Securities are described in Section 163(f)(2)(B) of such Internal Revenue Code; or (i9) to provide for the terms and conditions of conversion into Common Stock or other Marketable Securities of the Securities of any series which are convertible into Common Stock or other Marketable Securities, if anydifferent from those set forth in Article XII; or (j10) to secure the Securities of any series; or (k11) to add Guarantees in respect of any series or all of the Securities; or (l12) to make any other change that does not adversely affect the rights of the Holders of any or all series of Securities; or (m13) to make any change necessary to comply with any requirement of the Commission in connection with the qualification of this Indenture or any supplemental indenture under the Trust Indenture Act. No supplemental indenture for the purposes identified in clauses (b2), (c3) or (e5) above may be entered into if to do so would adversely affect the rights of the Holders of Outstanding Securities of any series in any material respect.. 37

Appears in 1 contract

Sources: Indenture (Dana Holding Corp)

Supplemental Indentures Without Consent of Securityholders. Except as otherwise set forth in an indenture supplemental hereto or Board Resolution creating such series of Securities or in the form of Security for such series, without Without the consent of the Holders of any Securities, the Company, when authorized by a Board Resolution, Resolution and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental hereto, in form reasonably satisfactory to the Trustee, for any of the following purposes: (a1) to evidence the succession of another corporation or Person to the Company or any Guarantor, if anyCompany, and the assumption by any such successor of the respective covenants of the Company or any Guarantor herein and in the Securities contained; or (b2) to add to the covenants of the Company or any Guarantor, if anyCompany, or to surrender any right or power herein conferred upon the Company or any GuarantorCompany, for the benefit of the Holders of the Securities of any or all series (and if such covenants or the surrender of such right or power are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included or such surrenders are expressly being made solely for the benefit of one or more specified series); or (c3) to cure any ambiguity, to correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, or to make any other provisions with respect to matters or questions arising under this Indenture, which shall not be inconsistent with the provisions of this Indenture; or (d4) to add to this Indenture such provisions as may be expressly permitted by the TIA, excluding, however, the provisions referred to in Section 3 16(a)(2316(a)(2) of the TIA as in effect at the date as of which this instrument was executed or any corresponding provision in any similar federal statute hereafter enacted; or (e5) to establish any form of Security, as provided in Article IITwo, and to provide for the issuance of any series of Securities as provided in Article III Three and to set forth the terms thereof, and/or to add to the rights of the Holders of the Securities of any series; or (f6) to evidence and provide for the acceptance of appointment by another corporation as a successor Trustee hereunder with respect to one or more series of Securities and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, pursuant to Section 6.11611; or (g7) to add any additional Events of Default in respect of the Securities of any or all series (and if such additional Events of Default are to be in respect of less than all series of Securities, stating that such Events of Default are expressly being included solely for the benefit of one or more specified series); or (h) to provide for uncertificated Securities in addition to or in place of certificated Securities and to provide for bearer Securities; provided that uncertificated Securities are issued in registered form for purposes of Section 163(f) of the Internal Revenue Code of 1986, as amended, or in a manner such that the uncertificated Securities are described in Section 163(f)(2)(B) of such Internal Revenue Code; or (i) 8) to provide for the terms and conditions issuance of conversion into Common Stock or other Marketable Securities of the Securities of any series which are convertible into Common Stock or other Marketable Securities, if any; or (j) to secure the Securities of any series; or (k) to add Guarantees in respect of any series or all of the Securities; or (l) to make any other change that does not adversely affect the rights of the Holders of any or all series of Securities; or (m) to make any change necessary to comply with any requirement of the Commission in connection with the qualification of this Indenture or any supplemental indenture under the Trust Indenture Actcoupon as well as fully registered form. No supplemental indenture for the purposes identified in clauses Clauses (b2), (c3), (5) or (e7) above may be entered into if to do so would adversely affect the rights interest of the Holders of Outstanding Securities of any series in any material respectseries.

Appears in 1 contract

Sources: Indenture (Union Pacific Corp)

Supplemental Indentures Without Consent of Securityholders. Except as otherwise set forth in an indenture supplemental hereto or Board Resolution creating such series of Securities or in the form of Security for such series, without Without the consent of the Holders of any Securities, the Company, when authorized by a Board Resolution, Company and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental heretohereto (which shall conform to the provisions of the Trust Indenture Act as in force at the date of execution thereof), in form reasonably satisfactory to the Trustee, for any of the following purposes: (a) to evidence the succession of another corporation or Person to the Company Company, or any Guarantor, if anysuccessive successions, and the assumption by any such successor of the respective covenants covenants, agreements and obligations of the Company or any Guarantor herein and in the Securities containedpursuant to ARTICLE VIII hereof; or (b) to add to the covenants of the Company such further covenants, restrictions or conditions for the protection of the Holders of the Securities of any Guarantor, if any, or all series as the Company and the Trustee shall consider to be for the protection of the Holders of the Securities of any or all series or to surrender any right or power herein conferred upon the Company or any Guarantor, for the benefit of the Holders of the Securities of any or all series (and if such covenants or the surrender of such right or power are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included or such surrenders are expressly being made solely for the benefit of one or more specified series); or (c) to cure any ambiguity, to correct or supplement any provision herein which may be inconsistent with any other provision hereinherein or in any supplemental indenture, or to make any other provisions with respect to matters or questions arising under this IndentureIndenture that do not adversely affect the interests of the Holders of Securities of any series in any material respect; or (d) to add to this Indenture such provisions as may be expressly permitted by the TIATrust Indenture Act, excluding, however, the provisions referred to in Section 3 16(a)(2316(a)(2) of the TIA Trust Indenture Act as in effect at the date as of which this instrument was is executed or any corresponding provision in any similar federal statute hereafter enacted; or (e) to add guarantors or co-obligors with respect to any series of Securities; or (f) to secure any series of Securities; or (g) to establish any form of Security, as provided in Article IIARTICLE II hereof, and to provide for the issuance of any series of Securities Securities, as provided in Article ARTICLE III hereof, and to set forth the terms thereof, and/or to add to the rights of the Holders of the Securities of any series; or (fh) to evidence and provide for the acceptance of appointment by another corporation as a successor Trustee hereunder with respect to one or more series of Securities and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, pursuant to Section 6.116.11 hereof; or (gi) to add any additional Events of Default in respect of the Securities of any or all series (and if such additional Events of Default are to be in respect of less than all series of Securities, stating that such Events of Default are expressly being included solely for the benefit of one or more specified series); or (h) to provide for uncertificated Securities in addition to or in place of certificated Securities and to provide for bearer Securities; provided that uncertificated Securities are issued in registered form for purposes of Section 163(f) of the Internal Revenue Code of 1986, as amended, or in a manner such that the uncertificated Securities are described in Section 163(f)(2)(B) of such Internal Revenue Code; or (i) to provide for the terms and conditions of conversion into Common Stock or other Marketable Securities of the Securities of any series which are convertible into Common Stock or other Marketable Securities, if any; or (j) to secure the Securities of any series; or (k) to add Guarantees in respect of any series or all of the Securities; or (l) to make any other change that does not adversely affect the rights of the Holders of any or all series of Securities; or (m) to make any change necessary to comply with any requirement the requirements of the Commission in connection with the qualification of this Indenture or any supplemental indenture under the Trust Indenture Act. No supplemental indenture for the purposes identified ; or (k) to make any change in clauses (b), (c) or (e) above may be entered into if to do so would any series of Securities that does not adversely affect in any material respect the rights interests of the Holders of Outstanding Securities of any series in any material respectsuch Securities.

Appears in 1 contract

Sources: Indenture (Amcol International Corp)

Supplemental Indentures Without Consent of Securityholders. Except as otherwise set forth in an indenture supplemental hereto or Board Resolution creating such series of Securities or in the form of Security for such series, without Without the consent of the Holders of any Securities, the Company, when authorized by a Board Resolution, Company and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental heretohereto (which shall conform to the provisions of the TIA as in force at the date of execution thereof), in form reasonably satisfactory to the Trustee, for any of the following purposes: (a) to evidence the succession of another corporation or Person to the Company Company, or any Guarantor, if anysuccessive successions, and the assumption by any such successor of the respective covenants rights, powers, covenants, agreements and obligations of the Company or any Guarantor herein and in the Securities contained; orpursuant to Article 8 hereof; (b) to add to the covenants of the Company such further covenants, restrictions or conditions for the protection of the Holders of the Securities of any Guarantor, if any, or all series as the Company and the Trustee shall consider to be for the protection of the Holders of the Securities of any or all series or to surrender any right or power herein conferred upon the Company or any Guarantor, for the benefit of the Holders of the Securities of any or all series (and if such covenants or the surrender of such right or power are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included or such surrenders are expressly being made solely for the benefit of one or more specified series); or; (c) to cure any ambiguity, to correct or supplement any provision herein which may be inconsistent with any other provision hereinherein or in any supplemental indenture, or to make any other provisions with respect to matters or questions arising under this Indenture; orIndenture that do not adversely affect the interests of the Holders of Securities of any series in any material respect; (d) to add to this Indenture such provisions as may be expressly permitted by the TIA, excluding, however, the provisions referred to in Section 3 16(a)(2316(a)(2) of the TIA as in effect at the date as of which this instrument was is executed or any corresponding provision in any similar federal statute hereafter enacted; or; (e) to add guarantors or co-obligors with respect to any series of Securities; (f) to secure any series of Securities; (g) to establish any form of Security, as provided in Article II2 hereof, and to provide for the issuance of any series of Securities Securities, as provided in Article III 3 hereof, and to set forth the terms thereof, and/or to add to the rights of the Holders of the Securities of any series; or; (fh) to evidence and provide for the acceptance of appointment by another corporation as a successor Trustee hereunder with respect to one or more series of Securities and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, pursuant to Section 6.11; or6.11 hereof; (gi) to add any additional Events of Default in respect of the Securities of any or all series (and if such additional Events of Default are to be in respect of less than all series of Securities, stating that such Events of Default are expressly being included solely for the benefit of one or more specified series); or (h) to provide for uncertificated Securities in addition to or in place of certificated Securities and to provide for bearer Securities; provided that uncertificated Securities are issued in registered form for purposes of Section 163(f) of the Internal Revenue Code of 1986, as amended, or in a manner such that the uncertificated Securities are described in Section 163(f)(2)(B) of such Internal Revenue Code; or (i) to provide for the terms and conditions of conversion into Common Stock or other Marketable Securities of the Securities of any series which are convertible into Common Stock or other Marketable Securities, if any; or; (j) to secure the Securities of any series; or (k) to add Guarantees in respect of any series or all of the Securities; or (l) to make any other change that does not adversely affect the rights of the Holders of any or all series of Securities; or (m) to make any change necessary to comply with any requirement the requirements of the Commission in connection with the qualification of this Indenture or any supplemental indenture under the Trust Indenture Act. No supplemental indenture for the purposes identified TIA; or (k) to make any change in clauses (b), (c) or (e) above may be entered into if to do so would any series of Securities that does not adversely affect in any material respect the rights interests of the Holders of Outstanding Securities of any series in any material respectsuch Securities.

Appears in 1 contract

Sources: Indenture (PepsiCo Singapore Financing I Pte. Ltd.)

Supplemental Indentures Without Consent of Securityholders. Except as otherwise set forth in an indenture supplemental hereto or Board Resolution creating such series of Securities or in the form of Security for such series, without Without the consent of the Holders of any Securities, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental hereto, in form reasonably satisfactory to the Trustee, for any of the following purposes: (a1) to evidence the succession of another corporation or Person to the Company or any Guarantor, if any, Guarantor and the assumption by any such successor of the respective covenants of the Company or any Guarantor herein and in the Securities contained; oror the Guarantees relating thereto; (b2) to add to the covenants of the Company or any Guarantor, if anythe Guarantors, or to surrender any right or power herein conferred upon the Company or any Guarantorthe rights or powers of the Guarantors, for the benefit of the Holders of the Securities of any or all series (and if such covenants or the surrender of such right or power are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included or such surrenders are expressly being made solely for the benefit of one or more specified series); or; (c3) to cure any ambiguity, to correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, or to make any other provisions with respect to matters or questions arising under this Indenture; orprovided that any such supplemental indenture shall not materially and adversely affect the interests of the Securityholders of any series; (d4) to add to this Indenture such provisions as may be expressly permitted by the TIA, excluding, however, the provisions referred to in Section 3 16(a)(2316(a)(2) of the TIA as in effect at the date as of which this instrument was executed or any corresponding provision in any similar federal statute hereafter enacted; or; (e5) to establish any form of Security, as provided in Article II2, to provide for the issuance of any series of Securities as provided in Article III 3 and to set forth the terms thereof, and/or to add to the rights of the Holders of the Securities of any series; or; (f6) to evidence and provide for the acceptance of the appointment by another corporation as a successor Trustee hereunder with respect to one or more series of Securities and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, Trustee pursuant to Section 6.11; or; (g7) to add any additional Events of Default in respect of the Securities of any or all series (and if such additional Events of Default are to be in respect of less than all series of Securities, stating that such Events of Default are expressly being included solely for the benefit of one or more specified series); or; (h) to provide for uncertificated Securities in addition to or in place of certificated Securities and to provide for bearer Securities; provided that uncertificated Securities are issued in registered form for purposes of Section 163(f) of the Internal Revenue Code of 1986, as amended, or in a manner such that the uncertificated Securities are described in Section 163(f)(2)(B) of such Internal Revenue Code; or (i) 8) to provide for the terms and conditions issuance of conversion into Common Stock or other Marketable Securities of the Securities of any series which are convertible into Common Stock or other Marketable Securities, if any; orin coupon as well as in fully registered form; (j9) to secure the Securities of any series pursuant to Section 10.06 or otherwise; (10) to evidence the addition of any Subsidiary of the Company as a Guarantor hereunder or the release or discharge of any Guarantor hereunder and any of its obligations hereunder in accordance with Article 12; (11) subject to any limitations established pursuant to Section 3.01, to provide for the issuance of additional Securities of any series; (12) to add to, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities; provided that any such addition, change or elimination (A) shall neither (i) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (ii) modify the rights of the Holder of any such Security with respect to such provision or (B) shall become effective only when there is no Security described in clause (A)(i) Outstanding; or (k13) to add Guarantees in respect supplement any provisions of this Indenture to such extent as shall be necessary to permit or facilitate the satisfaction, defeasance and discharge of any series or all of the SecuritiesSecurities pursuant to Section 4.01 and 4.03; or (l) to make provided that any other change that does such action shall not adversely affect the rights interests of the Holders of Securities of such series or any or all other series of Securities; or (m) to make any change necessary to comply with any requirement of the Commission in connection with the qualification of this Indenture or any supplemental indenture under the Trust Indenture Act. No supplemental indenture for the purposes identified in clauses (b), (c) or (e) above may be entered into if to do so would adversely affect the rights of the Holders of Outstanding Securities of any series in any material respect.

Appears in 1 contract

Sources: Indenture (Bath Iron Works Corp//)

Supplemental Indentures Without Consent of Securityholders. Except as otherwise set forth in an indenture supplemental hereto or Board Resolution creating such series of Securities or in the form of Security for such series, without Without the consent of the Holders of any Securities, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental hereto, in form reasonably satisfactory to the Trustee, for any of the following purposes: (a1) to evidence the succession of another corporation or Person to the Company or any Guarantor, if anyCompany, and the assumption by any such successor of the respective covenants of the Company or any Guarantor herein and in the Securities contained; or (b2) to add to the covenants of the Company or any Guarantor, if anyCompany, or to surrender any right or power herein conferred upon the Company or any GuarantorCompany, for the benefit of the Holders of the Securities of any or all series (and if such covenants or the surrender of such right or power are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included or such surrenders are expressly being made solely for the benefit of one or more specified series); or (c3) to cure any ambiguity, to correct or supplement any provision herein which may be inconsistent with any other provision herein, or to make any other provisions with respect to matters or questions arising under this Indenture; or (d4) to add to this Indenture such provisions as may be expressly permitted by the TIA, excluding, however, the provisions referred to in Section 3 16(a)(2316(a)(2) of the TIA as in effect at the date as of which this instrument was executed or any corresponding provision in any similar federal statute hereafter enacted; or (e5) to establish any form of Security, as provided in Article IITwo, and to provide for the issuance of any series of Securities as provided in Article III Three and to set forth the terms thereof, and/or to add to the rights of the Holders of the Securities of any series; or (f6) evidence and provide for the acceptance of appointment by another corporation as a successor Trustee hereunder with respect to one or more series of Securities and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, pursuant to Section 6.11611; or (g7) to add any additional Events of Default in respect of the Securities of any or all series (and if such additional Events of Default are to be in respect of less than all series of Securities, stating that such Events of Default are expressly being included solely for the benefit of one or more specified series); or (h) to provide for uncertificated Securities in addition to or in place of certificated Securities and to provide for bearer Securities; provided that uncertificated Securities are issued in registered form for purposes of Section 163(f) of the Internal Revenue Code of 1986, as amended, or in a manner such that the uncertificated Securities are described in Section 163(f)(2)(B) of such Internal Revenue Code; or (i) 8) to provide for the terms and conditions issuance of conversion into Common Stock or other Marketable Securities of the Securities of any series which are convertible into Common Stock or other Marketable Securities, if any; or (j) to secure the Securities of any series; or (k) to add Guarantees in respect of any series or all of the Securities; or (l) to make any other change that does not adversely affect the rights of the Holders of any or all series of Securities; or (m) to make any change necessary to comply with any requirement of the Commission in connection with the qualification of this Indenture or any supplemental indenture under the Trust Indenture Actcoupon as well as fully registered form. No supplemental indenture for the purposes identified in clauses Clauses (b2), (c3), (5) or (e7) above may be entered into if to do so would adversely affect the rights interest of the Holders of Outstanding Securities of any series in any material respectseries.

Appears in 1 contract

Sources: Junior Subordinated Indenture (Ccci Capital Trust Iii)

Supplemental Indentures Without Consent of Securityholders. Except as otherwise set forth in an indenture supplemental hereto or Board Resolution creating such series of Securities or in the form of Security for such series, without Without the consent of the Holders of any Securities, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental hereto, in form reasonably satisfactory to the Trustee, for any of the following purposes: (a) to evidence the succession of another corporation or Person to the Company or any Guarantor, if anyCompany, and the assumption by any such successor of the respective covenants of the Company or any Guarantor herein and in the Securities contained; or; (b) to add to the covenants of the Company or any Guarantor, if anyCompany, or to surrender any right or power herein conferred upon the Company or any GuarantorCompany, for the benefit of the Holders of the Securities of any or all series (and if such covenants or the surrender of such right or power are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included or such surrenders are expressly being made solely for the benefit of one or more specified series); or; (c) to cure any ambiguity, to correct or supplement any provision herein which may be inconsistent with any other provision herein, or to make any other provisions with respect to matters or questions arising under this Indenture; or; (d) to add to this Indenture such provisions as may be expressly permitted by the TIA, excluding, however, the provisions referred to in Section 3 16(a)(23.16(a)(2) of the TIA as in effect at the date as of which this instrument was executed or any corresponding provision in any similar federal Federal statute hereafter enacted; or; (e) to establish any form of Security, as provided in Article II, and to provide for the issuance of any series of Securities as provided in Article III and to set forth the terms thereof, and/or to add to the rights of the Holders of the Securities of any series; or; (f) to evidence and provide for the acceptance of appointment by another corporation as a successor Trustee hereunder with respect to one or more series of Securities and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, pursuant to Section 6.11; or; (g) to add any additional Events of Default in respect of the Securities of any or all series (and if such additional Events of Default are to be in respect of less than all series of Securities, stating that such Events of Default are expressly being included solely for the benefit of one or more specified series); or; (h) to provide for uncertificated the issuance of Securities in addition to or in place of certificated Securities and to provide for bearer Securities; provided that uncertificated Securities are issued in coupon as well as fully registered form for purposes of Section 163(f) of the Internal Revenue Code of 1986, as amended, or in a manner such that the uncertificated Securities are described in Section 163(f)(2)(B) of such Internal Revenue Code; orform; (i) to provide for the terms and conditions of conversion into Common Stock or other Marketable Securities of the Securities of any series which are convertible into Common Stock or other Marketable Securities, if anydifferent from those set forth in Article XII; or (j) to secure the Securities of any series; or (k) series pursuant to add Guarantees in respect of any series Section 10.06 or all of the Securities; or (l) to make any other change that does not adversely affect the rights of the Holders of any or all series of Securities; or (m) to make any change necessary to comply with any requirement of the Commission in connection with the qualification of this Indenture or any supplemental indenture under the Trust Indenture Actotherwise. No supplemental indenture for the purposes identified in clauses Clauses (b), (c), (e) or (eg) above may be entered into if to do so would adversely affect the rights interest of the Holders of Outstanding Securities of any series in any material respect.

Appears in 1 contract

Sources: Indenture (Time Warner Inc)

Supplemental Indentures Without Consent of Securityholders. Except as otherwise set forth in an indenture supplemental hereto or Board Resolution creating such series of Securities or in the form of Security for such series, without Without the consent of the Holders of any Securities, the CompanyBank, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental hereto, in form reasonably satisfactory to the Trustee, for any of the following purposes: (a) to evidence the succession of another corporation or Person to the Company or any Guarantor, if anyBank, and the assumption by any such successor of the respective covenants of the Company or any Guarantor Bank herein and in the Securities contained; or (b) to add to the covenants of the Company or any Guarantor, if anyBank, or to surrender any right or power herein conferred upon the Company or any GuarantorBank, for the benefit of the Holders of the Securities of any or all series (and if such covenants or the surrender of such right or power are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included or such surrenders are expressly being made solely for the benefit of one or more specified series); or (c) to cure any ambiguityambiguity or defect, to correct or supplement any provision herein which may be inconsistent with any other provision herein, or to make any other provisions with respect to matters or questions arising under this Indenture; or (d) to add to this Indenture such provisions as may be expressly permitted by the TIA, excluding, however, the provisions referred to in Section 3 16(a)(2316(a)(2) of the TIA as in effect at the date as of which this instrument was executed or any corresponding provision in any similar federal Federal statute hereafter enacted; or (e) to establish any form of Security, as provided in Article IITwo, and to provide for the issuance of any series of Securities as provided in Article III Three and to set forth the terms thereof, and/or to add to the rights of the Holders of the Securities of any series; or (f) to evidence and provide for the acceptance of appointment by another corporation as a successor Trustee hereunder with respect to one or more series of Securities securities and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, pursuant to Section 6.11; or (g) to add any additional Events of Default in respect of the Securities of any or all series (and if such additional Events of Default are to be in respect of less than all series of Securities, stating that such Events of Default are expressly being included solely for the benefit of one or more specified series); or (h) to provide for uncertificated the issuance of Securities in addition bearer form, to or in place of certificated Securities and to provide for bearer Securities; provided that uncertificated Securities are issued in the extent permitted by law, with coupons as well as fully registered form for purposes of Section 163(f) of the Internal Revenue Code of 1986, as amended, or in a manner such that the uncertificated Securities are described in Section 163(f)(2)(B) of such Internal Revenue Codeform; or (i) to provide for the terms and conditions of conversion into Common Stock or other Marketable Securities of the Securities of any series which are convertible into Common Stock or other Marketable Securities, if any; or (j) to secure the Securities of any series; or (k) to add Guarantees in respect of any series or all of the Securities; or (l) to make any such other change that does changes to this Indenture as shall not adversely affect the rights of the Holders interest of any or all series Holder of Securities; or (m) to make any change necessary to comply with any requirement of the Commission in connection with the qualification of this Indenture or any supplemental indenture under the Trust Indenture Act. No supplemental indenture for the purposes identified in clauses (b), (c) or (e) above may be entered into if unless to do so would not adversely affect the rights interest of the Holders of Outstanding Securities Securityholders of any series series; provided, further, that no supplemental indenture for the purposes identified in clause (i) above may be entered into unless to do so would not, as evidenced by an Opinion of Counsel delivered to the Trustee, adversely affect the interest of the Securityholders of any material respectseries.

Appears in 1 contract

Sources: Indenture (Banco Santander Chile)

Supplemental Indentures Without Consent of Securityholders. Except as otherwise set forth in an indenture supplemental hereto or Board Resolution creating such series of Securities or in the form of Security for such series, without Without the consent of the Holders of any Securities, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental hereto, in form reasonably satisfactory to the Trustee, for any of the following purposes: (a1) to evidence the succession of another corporation or Person to the Company or any Guarantor, if any, and the assumption by any such successor of the respective covenants of the Company or any Guarantor herein and in the Securities contained; or (b2) to add to the covenants of the Company or any Guarantor, if any, or to surrender any right or power herein conferred upon the Company or any Guarantor, for the benefit of the Holders of the Securities of any or all series (and if such covenants or the surrender of such right or power are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included or such surrenders are expressly being made solely for the benefit of one or more specified series); or (c3) to cure any ambiguity, to correct or supplement any provision herein which may be inconsistent with any other provision herein, or to make any other provisions with respect to matters or questions arising under this Indenture; or (d4) to add to this Indenture such provisions as may be expressly permitted by the TIA, excluding, however, the provisions referred to in Section 3 16(a)(2316(a)(2) of the TIA as in effect at the date as of which this instrument was executed or any corresponding provision in any similar federal statute hereafter enacted; or (e5) to establish any form of Security, as provided in Article II, II and to provide for the issuance of any series of Securities as provided in Article III and to set forth the terms thereof, and/or to add to the rights of the Holders of the Securities of any series; or (f6) to evidence and provide for the acceptance of appointment by another corporation as a successor Trustee hereunder with respect to one or more series of Securities and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, pursuant to Section 6.11; or (g7) to add any additional Events of Default in respect of the Securities of any or all series (and if such additional Events of Default are to be in respect of less than all series of Securities, stating that such Events of Default are expressly being included solely for the benefit of one or more specified series); or (h) 8) to provide for uncertificated the issuance of Securities in addition to or in place of certificated Securities and to provide for bearer Securities; provided that uncertificated Securities are issued in coupon as well as fully registered form for purposes of Section 163(f) of the Internal Revenue Code of 1986, as amended, or in a manner such that the uncertificated Securities are described in Section 163(f)(2)(B) of such Internal Revenue Codeform; or (i9) to provide for the terms and conditions of conversion into Common Stock or other Marketable Securities of the Securities of any series which are convertible into Common Stock or other Marketable Securities, if anydifferent from those set forth in Article XII; or (j10) to secure the Securities of any series; or (k) series pursuant to add Guarantees in respect of any series Section 10.06 or all of the Securities; or (l) to make any other change that does not adversely affect the rights of the Holders of any or all series of Securities; or (m) to make any change necessary to comply with any requirement of the Commission in connection with the qualification of this Indenture or any supplemental indenture under the Trust Indenture Actotherwise. No supplemental indenture for the purposes identified in clauses Clauses (b2), (c3), (5) or (e7) above may be entered into if to do so would adversely affect the rights interest of the Holders of Outstanding Securities of any series in any material respect.

Appears in 1 contract

Sources: Indenture (Time Warner Companies Inc)

Supplemental Indentures Without Consent of Securityholders. Except as otherwise set forth in an indenture supplemental hereto or Board Resolution creating such series of Securities or in the form of Security for such series, without Without the consent of the Holders of any Securities, the Company, when authorized by a Board Resolution, Company and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental heretohereto (which shall conform to the provisions of the TIA as in force at the date of execution thereof), in form reasonably satisfactory to the Trustee, for any of the following purposes: (a) to evidence the succession of another corporation or Person to the Company Company, or any Guarantor, if anysuccessive successions, and the assumption by any such successor of the respective covenants covenants, agreements and obligations of the Company or any Guarantor herein and in the Securities containedpursuant to Article 8 hereof; or (b) to add to the covenants of the Company such further covenants, restrictions or conditions for the protection of the Holders of the Securities of any Guarantor, if any, or all series as the Company and the Trustee shall consider to be for the protection of the Holders of the Securities of any or all series or to surrender any right or power herein conferred upon the Company or any Guarantor, for the benefit of the Holders of the Securities of any or all series (and if such covenants or the surrender of such right or power are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included or such surrenders are expressly being made solely for the benefit of one or more specified series); or (c) to cure any ambiguity, to correct or supplement any provision herein which may be inconsistent with any other provision hereinherein or in any supplemental indenture, or to make any other provisions with respect to matters or questions arising under this IndentureIndenture that do not adversely affect the interests of the Holders of Securities of any series in any material respect; or (d) to add to this Indenture such provisions as may be expressly permitted by the TIA, excluding, however, the provisions referred to in Section 3 16(a)(2316(a)(2) of the TIA as in effect at the date as of which this instrument was is executed or any corresponding provision in any similar federal statute hereafter enacted; or (e) to add guarantors or co-obligors with respect to any series of Securities; or (f) to secure any series of Securities; or (g) to establish any form of Security, as provided in Article II2 hereof, and to provide for the issuance of any series of Securities Securities, as provided in Article III 3 hereof, and to set forth the terms thereof, and/or to add to the rights of the Holders of the Securities of any series; or (fh) to evidence and provide for the acceptance of appointment by another corporation as a successor Trustee hereunder with respect to one or more series of Securities and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, pursuant to Section 6.116.11 hereof; or (gi) to add any additional Events of Default in respect of the Securities of any or all series (and if such additional Events of Default are to be in respect of less than all series of Securities, stating that such Events of Default are expressly being included solely for the benefit of one or more specified series); or (h) to provide for uncertificated Securities in addition to or in place of certificated Securities and to provide for bearer Securities; provided that uncertificated Securities are issued in registered form for purposes of Section 163(f) of the Internal Revenue Code of 1986, as amended, or in a manner such that the uncertificated Securities are described in Section 163(f)(2)(B) of such Internal Revenue Code; or (i) to provide for the terms and conditions of conversion into Common Stock or other Marketable Securities of the Securities of any series which are convertible into Common Stock or other Marketable Securities, if any; or (j) to secure the Securities of any series; or (k) to add Guarantees in respect of any series or all of the Securities; or (l) to make any other change that does not adversely affect the rights of the Holders of any or all series of Securities; or (m) to make any change necessary to comply with any requirement the requirements of the Commission in connection with the qualification of this Indenture or any supplemental indenture under the Trust Indenture Act. No supplemental indenture for the purposes identified TIA; or (k) to make any change in clauses (b), (c) or (e) above may be entered into if to do so would any series of Securities that does not adversely affect in any material respect the rights interests of the Holders of Outstanding Securities of any series in any material respectsuch Securities.

Appears in 1 contract

Sources: Indenture (Epicept Corp)

Supplemental Indentures Without Consent of Securityholders. Except as otherwise set forth in an indenture supplemental hereto or Board Resolution creating such series of Securities or in the form of Security for such series, without Without the consent of the Holders of any Securities, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental hereto, in form reasonably satisfactory to the Trustee, for any of the following purposes: (a1) to evidence the succession of another corporation or Person to the Company or any Guarantor, if any, and the assumption by any such successor of the respective covenants of the Company or any Guarantor herein and in the Securities contained; or (b2) to add to the covenants of the Company or any Guarantor, if any, or to surrender any right or power herein conferred upon the Company or any Guarantor, for the benefit of the Holders of the Securities of any or all series (and if such covenants or the surrender of such right or power are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included or such surrenders are expressly being made solely for the benefit of one or more specified series); or (c3) to cure any ambiguity, to correct or supplement any provision herein which may be inconsistent with any other provision herein, or to make any other provisions with respect to matters or questions arising under this Indenture; or (d4) to add to this Indenture such provisions as may be expressly permitted by the TIA, excluding, however, the provisions referred to in Section 3 16(a)(2316(a)(2) of the TIA as in effect at the date as of which this instrument was executed or any corresponding provision in any similar federal statute hereafter enacted; or (e5) to establish any form of Security, as provided in Article II, II and to provide for the issuance of any series of Securities as provided in Article III and to set forth the terms thereof, and/or to add to the rights of the Holders of the Securities of any series; or (f6) to evidence and provide for the acceptance of appointment by another corporation as a successor Trustee hereunder with respect to one or more series of Securities and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, pursuant to Section 6.11; or (g7) to add any additional Events of Default in respect of the Securities of any or all series (and if such additional Events of Default are to be in respect of less than all series of Securities, stating that such Events of Default are expressly being included solely for the benefit of one or more specified series); or (h) 8) to provide for uncertificated the issuance of Securities in addition to or in place of certificated Securities and to provide for bearer Securities; provided that uncertificated Securities are issued in coupon as well as fully registered form for purposes of Section 163(f) of the Internal Revenue Code of 1986, as amended, or in a manner such that the uncertificated Securities are described in Section 163(f)(2)(B) of such Internal Revenue Codeform; or (i9) to provide for the terms and conditions of conversion into Common Stock or other Marketable Securities of the Securities of any series which are convertible into Common Stock or other Marketable Securities, if anydifferent from those set forth in Article XII; or (j10) to secure the Securities of any series; or (k) series pursuant to add Guarantees in respect of any series Section 10.06 or all of the Securities; or (l) to make any other change that does not adversely affect the rights of the Holders of any or all series of Securities; or (m) to make any change necessary to comply with any requirement of the Commission in connection with the qualification of this Indenture or any supplemental indenture under the Trust Indenture Actotherwise. No supplemental indenture for the purposes identified in clauses Clauses (b2), (c3), (5) or (e7) above may be entered into if to do so would adversely affect the rights of the Holders of Outstanding Securities of any series in any material respect.

Appears in 1 contract

Sources: Indenture (Time Warner Inc/)

Supplemental Indentures Without Consent of Securityholders. Except as otherwise set forth in an indenture supplemental hereto or Board Resolution creating such series of Securities or in the form of Security for such series, without Without the consent of the Holders of any Securities, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental hereto, in form reasonably satisfactory to the Trustee, for any of the following purposes: (a1) to evidence the succession of another corporation or Person to the Company or any Guarantor, if any, and the assumption by any such successor of the respective covenants of the Company or any Guarantor herein and in the Securities contained; or (b2) to add to the covenants of the Company or any Guarantor, if any, or to surrender any right or power herein conferred upon the Company or any Guarantor, for the benefit of the Holders of the Securities of any or all series (and if such covenants or the surrender of such right or power are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included or such surrenders are expressly being made solely for the benefit of one or more specified series); or (c3) to cure any ambiguity, to correct or supplement any provision herein which may be inconsistent with any other provision herein, or to make any other provisions with respect to matters or questions arising under this Indenture; or (d4) to add to this Indenture such provisions as may be expressly permitted by the TIA, excluding, however, the provisions referred to in Section 3 16(a)(2316(a)(2) of the TIA as in effect at the date as of which this instrument was executed or any corresponding provision in any similar federal statute hereafter enacted; or (e5) to establish any form of Security, as provided in Article II, to provide for the issuance of any series of Securities as provided in Article III and to set forth the terms thereof, and/or to add to the rights of the Holders of the Securities of any series; or (f6) to evidence and provide for the acceptance of appointment by another corporation as a successor Trustee hereunder with respect to one or more series of Securities and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, pursuant to Section 6.11; or (g7) to add any additional Events of Default in respect of the Securities of any or all series (and if such additional Events of Default are to be in respect of less than all series of Securities, stating that such Events of Default are expressly being included solely for the benefit of one or more specified series); or (h) 8) to provide for uncertificated the issuance of Securities in addition to or in place of certificated Securities and to provide for bearer Securities; provided that uncertificated Securities are issued in coupon as well as fully registered form for purposes of Section 163(f) of the Internal Revenue Code of 1986, as amended, or in a manner such that the uncertificated Securities are described in Section 163(f)(2)(B) of such Internal Revenue Codeform; or (i9) to provide for the terms and conditions of conversion into Common Stock or other Marketable Securities of the Securities of any series which are convertible into Common Stock or other Marketable Securities, if any; or (j) to secure the Securities of any series; or (k) to add Guarantees in respect of any series or all of the Securities; or (l) to make any other change that does not adversely affect the rights of the Holders of any or all series of Securities; or (m) to make any change necessary to comply with any requirement of the Commission in connection with the qualification of this Indenture or any supplemental indenture under the Trust Indenture Act. No supplemental indenture for the purposes identified in clauses (b), (c) or (e) above may be entered into if to do so would adversely affect the rights of the Holders of Outstanding Securities of any series in any material respect.Marketable

Appears in 1 contract

Sources: Indenture (Aol Time Warner Inc)

Supplemental Indentures Without Consent of Securityholders. Except as otherwise set forth in an indenture supplemental hereto or Board Resolution creating such series of Securities or in the form of Security for such series, without Without the consent of the Holders of any Securities, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental hereto, in form reasonably satisfactory to the Trustee, for any of the following purposes: (a) to evidence the succession of another corporation or Person to the Company or any Guarantor, if any, and the assumption by any such successor of the respective covenants of the Company or any Guarantor herein and in the Securities contained; or (b) to add to the covenants of the Company or any Guarantor, if any, or to surrender any right or power herein conferred upon the Company or any Guarantor, for the benefit of the Holders of the Securities of any or all series (and if such covenants or the surrender of such right or power are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included or such surrenders are expressly being made solely for the benefit of one or more specified series); or (c1) to cure any ambiguity, to correct defect or supplement any provision herein which may be inconsistent with any other provision herein, or to make any other provisions with respect to matters or questions arising under inconsistency in this Indenture; or (d) to add to this Indenture such provisions as may be expressly permitted by the TIA, excludingprovided, however, that such amendments or supplements shall not, in the provisions referred to in Section 3 16(a)(2) good faith opinion of the TIA Board of Directors as in effect at evidenced by a Board Resolution, adversely affect the date as interests of which this instrument was executed or any corresponding provision the Holders in any similar federal statute hereafter enacted; ormaterial respect; (e2) to comply with Article Eight; (3) to comply with any requirements of the Commission in connection with the qualification of this Indenture under the TIA; (4) to evidence and provide for the acceptance of appointment hereunder by a successor Trustee; (5) to establish any form of Security, as provided in Article II, II and to provide for the issuance of any series of Securities as provided in Article III and to set forth the terms thereof, and/or to add to the rights of the Holders of the Securities of any seriesseries or; (6) to add one or more Subsidiary Guarantees on the terms required by this Indenture; or (f7) evidence to make any change that, in the good faith opinion of the Board of Directors as evidenced by a Board Resolution, does not materially and adversely affect the rights of any Holder. (8) to provide for the acceptance of appointment by another corporation as a successor Trustee hereunder with respect to one or more series issuance of Securities and to add to or change any of the provisions of this Indenture in coupon as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, pursuant to Section 6.11well as fully registered form; or (g) to add any additional Events of Default in respect of the Securities of any or all series (and if such additional Events of Default are to be in respect of less than all series of Securities, stating that such Events of Default are expressly being included solely for the benefit of one or more specified series); or (h) to provide for uncertificated Securities in addition to or in place of certificated Securities and to provide for bearer Securities; provided that uncertificated Securities are issued in registered form for purposes of Section 163(f) of the Internal Revenue Code of 1986, as amended, or in a manner such that the uncertificated Securities are described in Section 163(f)(2)(B) of such Internal Revenue Code; or (i9) to provide for the terms and conditions of conversion into Common Stock or other Marketable Securities of the Securities of any series which are convertible into Common Stock or other Marketable Securities, if anydifferent from those set forth in Article XII; or (j) to secure the Securities of any series; or (k10) to add Guarantees to, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change or elimination (i) shall neither (A) apply to any Security of any series or all created prior to the execution of such supplemental indenture and entitled to the Securities; or benefit of such provision nor (lB) to make any other change that does not adversely affect modify the rights of the Holders Holder of any such Security with respect to such provision or all series of Securities; or (mii) to make any change necessary to comply with any requirement of the Commission in connection with the qualification of this Indenture or any supplemental indenture under the Trust Indenture Actshall become effective only when there is not such Security Outstanding. No supplemental indenture for the purposes identified in clauses (b2), (c3), (5) or (e7) above may be entered into if to do so would adversely affect the rights of the Holders of Outstanding Securities of any series in any material respect.

Appears in 1 contract

Sources: Indenture (Time Warner Telecom Inc)

Supplemental Indentures Without Consent of Securityholders. Except as otherwise set forth in an indenture supplemental hereto or Board Resolution creating such series of Securities or in the form of Security for such series, without the consent of the Holders of any Securities, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental hereto, in form reasonably satisfactory to the Trustee, for any of the following purposes: (a1) to evidence the succession of another corporation or Person to the Company or any Guarantor, if any, and the assumption by any such successor of the respective covenants of the Company or any Guarantor herein and in the Securities contained; or (b2) to add to the covenants of the Company or any Guarantor, if any, or to surrender any right or power herein conferred upon the Company or any Guarantor, for the benefit of the Holders of the Securities of any or all series (and if such covenants or the surrender of such right or power are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included or such surrenders are expressly being made solely for the benefit of one or more specified series); or (c3) to cure any ambiguity, to correct or supplement any provision herein which may be inconsistent with any other provision herein, or to make any other provisions with respect to matters or questions arising under this Indenture; or (d4) to add to this Indenture such provisions as may be expressly permitted by the TIA, excluding, however, the provisions referred to in Section 3 16(a)(2316(a)(2) of the TIA as in effect at the date as of which this instrument was executed or any corresponding provision in any similar federal statute hereafter enacted; or (e5) to establish any form of Security, as provided in Article II, to provide for the issuance of any series of Securities as provided in Article III and to set forth the terms thereof, and/or to add to the rights of the Holders of the Securities of any series; or (f6) to evidence and provide for the acceptance of appointment by another corporation as a successor Trustee hereunder with respect to one or more series of Securities and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, pursuant to Section 6.11; or (g7) to add any additional Events of Default in respect of the Securities of any or all series (and if such additional Events of Default are to be in respect of less than all series of Securities, stating that such Events of Default are expressly being included solely for the benefit of one or more specified series); or (h) 8) to provide for uncertificated Securities in addition to or in place of certificated Securities and to provide for bearer Securities; provided that uncertificated Securities are issued in registered form for purposes of Section 163(f) of the Internal Revenue Code of 1986, as amended, or in a manner such that the uncertificated Securities are described in Section 163(f)(2)(B) of such Internal Revenue Code; or (i9) to provide for the terms and conditions of conversion into Common Stock Class A Shares or other Marketable Securities of the Securities of any series which are convertible into Common Stock Class A Shares or other Marketable Securities, if anydifferent from those set forth in Article XIII; or (j10) to secure the Securities of any series; or (k11) to add Guarantees in respect of any series or all of the Securities; or (l12) to make any other change that does not adversely affect the rights of the Holders of any or all series of Securities; or (m13) to make any change necessary to comply with any requirement of the Commission in connection with the qualification of this Indenture or any supplemental indenture under the Trust Indenture Act. No supplemental indenture for the purposes identified in clauses (b2), (c3), (5) or (e7) above may be entered into if to do so would adversely affect the rights of the Holders of Outstanding Securities of any series in any material respect.

Appears in 1 contract

Sources: Indenture (Apollo Global Management LLC)

Supplemental Indentures Without Consent of Securityholders. Except as otherwise set forth in an indenture supplemental hereto or Board Resolution creating such series of Securities or in the form of Security for such series, without Without the consent of the Holders of any Securities, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental hereto, in form reasonably satisfactory to the Trustee, for any of the following purposes: (a1) to evidence the succession of another corporation or Person to the Company or any Guarantor, if any, and the assumption by any such successor of the respective covenants of the Company or any Guarantor herein and in the Securities contained, including, but not limited to, any such succession and assumption occurring upon a conversion by the Company from a partnership to a corporation; or (b2) to add to the covenants of the Company or any Guarantor, if any, or to surrender any right or power herein conferred upon the Company or any Guarantor, for the benefit of the Holders of the Securities of any or all series (and if such covenants or the surrender of such right or power are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included or such surrenders are expressly being made solely for the benefit of one or more specified series); or (c3) to cure any ambiguity, to correct or supplement any provision herein which may be inconsistent with any other provision herein, or to make any other provisions with respect to matters or questions arising under this Indenture, provided that such action pursuant to this clause (3) shall not adversely affect the interests of the Holders of Securities of any series in any material respect; or (d4) to add to this Indenture such provisions as may be expressly permitted by the TIA, excluding, however, the provisions referred to in Section 3 16(a)(2316(a)(2) of the TIA as in effect at the date as of which this instrument was executed or any corresponding provision in any similar federal statute hereafter enacted; or (e5) to establish any form of Security, as provided in Article II, II and to provide for the issuance of any series of Securities as provided in Article III and to set forth the terms thereof, and/or to add to the rights of the Holders of the Securities of any series; or (f6) to evidence and provide for the acceptance of appointment by another corporation as a successor Trustee hereunder with respect to one or more series of Securities and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, pursuant to Section 6.11U6.11; or (g7) to add any additional Events of Default in respect of the Securities of any or all series (and if such additional Events of Default are to be in respect of less than all series of Securities, stating that such Events of Default are expressly being included solely for the benefit of one or more specified series); or (h) 8) to provide for uncertificated the issuance of Securities in addition to or in place of certificated Securities and to provide for bearer Securities; provided that uncertificated Securities are issued in coupon as well as fully registered form for purposes of Section 163(f) of the Internal Revenue Code of 1986, as amended, or in a manner such that the uncertificated Securities are described in Section 163(f)(2)(B) of such Internal Revenue Codeform; or (i9) to provide for the terms and conditions of conversion into Common Stock or other Marketable Securities of the Securities of any series which are convertible into Common Stock or other Marketable Securities, if anyadd new guarantors; or (j10) to add to, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change or elimination (i) shall neither (A) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is not such Security Outstanding; or (11) to secure the Securities of any series pursuant to Section 10.08 or otherwise or to guarantee any series; or (k12) to add Guarantees in respect evidence the succession of any series or all new obligors and the extinguishment of the Securities; or (l) to make any other change that does not adversely affect the rights obligations of the Holders of any or all series of Securities; or (m) Company and the Guarantors pursuant to make any change necessary to comply with any requirement of the Commission in connection with the qualification of this Indenture or any supplemental indenture under the Trust Indenture ActSection 11.04. No supplemental indenture for the purposes identified in clauses Clauses (b2), (c3), (5) or (e7) above may be entered into if to do so would adversely affect the rights of the Holders of Outstanding Securities of any series in any material respect.

Appears in 1 contract

Sources: Indenture (Warner Communications Inc)

Supplemental Indentures Without Consent of Securityholders. Except as otherwise set forth in an indenture supplemental hereto or Board Resolution creating such series of Securities or in the form of Security for such series, without the consent of the Holders of any Securities, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental hereto, in form reasonably satisfactory to the Trustee, for any of the following purposes: (a1) to evidence the succession of another corporation or Person to the Company or any Guarantor, if any, and the assumption by any such successor of the respective covenants of the Company or any Guarantor herein and in the Securities contained; or (b2) to add to the covenants of the Company or any Guarantor, if any, or to surrender any right or power herein conferred upon the Company or any GuarantorCompany, for the benefit of the Holders of the Securities of any or all series (and if such covenants or the surrender of such right or power are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included or such surrenders are expressly being made solely for the benefit of one or more specified series); or (c3) to cure any ambiguity, to correct or supplement any provision herein which may be inconsistent with any other provision herein, or to make any other provisions with respect to matters or questions arising under this Indenture; or (d4) to add to this Indenture such provisions as may be expressly permitted by the TIA, excluding, however, the provisions referred to in Section 3 16(a)(2316(a)(2) of the TIA as in effect at the date as of which this instrument was executed or any corresponding provision in any similar federal statute hereafter enacted; or (e5) to establish any form of Security, as provided in Article II, to provide for the issuance of any series of Securities as provided in Article III and to set forth the terms thereof, and/or to add to the rights of the Holders of the Securities of any series; or (f6) to evidence and provide for the acceptance of appointment by another corporation as a successor Trustee hereunder with respect to one or more series of Securities and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, pursuant to Section 6.11; or (g7) to add any additional Events of Default in respect of the Securities of any or all series (and if such additional Events of Default are to be in respect of less than all series of Securities, stating that such Events of Default are expressly being included solely for the benefit of one or more specified series); or (h) 8) to provide for uncertificated Securities in addition to or in place of certificated Securities and to provide for bearer Securities; provided that uncertificated Securities are issued in registered form for purposes of Section 163(f) of the Internal Revenue Code of 1986, as amended, or in a manner such that the uncertificated Securities are described in Section 163(f)(2)(B) of such Internal Revenue Code; or (i9) to provide for the terms and conditions of conversion into Common Stock or other Marketable Securities of the Securities of any series which are convertible into Common Stock or other Marketable Securities, if anydifferent from those set forth in Article XII; or (j10) to secure the Securities of any series; or (k11) to add Guarantees guarantees in respect of any series or all of the Securities; or (l12) to make any other change that does not adversely affect the rights of the Holders of any or all series of Securities; or (m13) to make any change necessary to comply with any requirement of the Commission in connection with the qualification of this Indenture or any supplemental indenture under the Trust Indenture Act. No supplemental indenture for the purposes identified in clauses (b2), (c3) or (e5) above may be entered into if to do so would adversely affect the rights of the Holders of Outstanding Securities of any series in any material respect.

Appears in 1 contract

Sources: Indenture (ExlService Holdings, Inc.)

Supplemental Indentures Without Consent of Securityholders. Except as otherwise set forth in an indenture supplemental hereto or Board Resolution creating such series of Securities or in the form of Security for such series, without the consent of the Holders of any Securities, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental hereto, in form reasonably satisfactory to the Trustee, for any of the following purposes: (a1) to evidence the succession of another corporation or Person to the Company or any Guarantor, if any, and the assumption by any such successor of the respective covenants of the Company or any Guarantor herein and in the Securities contained; or (b2) to add to the covenants of the Company or any Guarantor, if any, or to surrender any right or power herein conferred upon the Company or any Guarantor, for the benefit of the Holders of the Securities of any or all series (and if such covenants or the surrender of such right or power are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included or such surrenders are expressly being made solely for the benefit of one or more specified series); or (c3) to cure any ambiguity, to correct or supplement any provision herein which may be inconsistent with any other provision herein, or to make any other provisions with respect to matters or questions arising under this Indenture; oror 36 (d4) to add to this Indenture such provisions as may be expressly permitted by the TIA, excluding, however, the provisions referred to in Section 3 16(a)(2316(a)(2) of the TIA as in effect at the date as of which this instrument was executed or any corresponding provision in any similar federal statute hereafter enacted; or (e5) to establish any form of Security, as provided in Article II, to provide for the issuance of any series of Securities as provided in Article III and to set forth the terms thereof, and/or to add to the rights of the Holders of the Securities of any series; or (f6) to evidence and provide for the acceptance of appointment by another corporation as a successor Trustee hereunder with respect to one or more series of Securities and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, pursuant to Section 6.11; or (g7) to add any additional Events of Default in respect of the Securities of any or all series (and if such additional Events of Default are to be in respect of less than all series of Securities, stating that such Events of Default are expressly being included solely for the benefit of one or more specified series); or (h) 8) to provide for uncertificated Securities in addition to or in place of certificated Securities and to provide for bearer Securities; provided that uncertificated Securities are issued in registered form for purposes of Section 163(f) of the Internal Revenue Code of 1986, as amended, or in a manner such that the uncertificated Securities are described in Section 163(f)(2)(B) of such Internal Revenue Code; or (i9) to provide for the terms and conditions of conversion into Common Stock or other Marketable Securities of the Securities of any series which are convertible into Common Stock or other Marketable Securities, if anydifferent from those set forth in Article XIII; or (j10) to secure the Securities of any series; or (k11) to add Guarantees in respect of any series or all of the Securities; or (l12) to make any other change that does not adversely affect the rights of the Holders of any or all series of Securities; or (m13) to make any change necessary to comply with any requirement of the Commission in connection with the qualification of this Indenture or any supplemental indenture under the Trust Indenture Act. No supplemental indenture for the purposes identified in clauses (b2), (c3) or (e5) above may be entered into if to do so would adversely affect the rights of the Holders of Outstanding Securities of any series in any material respect.

Appears in 1 contract

Sources: Indenture (Dana Holding Corp)

Supplemental Indentures Without Consent of Securityholders. Except as otherwise set forth in an indenture supplemental hereto or Board Resolution creating such series of Securities or in the form of Security for such series, without Without the consent of the Holders of any Securities, the Company, when authorized by a Board Resolution, Company and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental heretohereto (which shall conform to the provisions of the Trust Indenture Act as in force at the date of execution thereof), in form reasonably satisfactory to the Trustee, for any of the following purposes: (a) to evidence the succession of another corporation or Person to the Company Company, or any Guarantor, if anysuccessive successions, and the assumption by any such successor of the respective covenants covenants, agreements and obligations of the Company or any Guarantor herein and in the Securities containedpursuant to Article VIII hereof; or (b) to add to the covenants of the Company such further covenants, restrictions or conditions for the protection of the Holders of the Securities of any Guarantor, if any, or all series as the Company and the Trustee shall consider to be for the protection of the Holders of the Securities of any or all series or to surrender any right or power herein conferred upon the Company or any Guarantor, for the benefit of the Holders of the Securities of any or all series (and if such covenants or the surrender of such right or power are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included or such surrenders are expressly being made solely for the benefit of one or more specified series); or (c) to cure any ambiguity, to correct or supplement any provision herein which may be inconsistent with any other provision hereinherein or in any supplemental indenture, or to make any other provisions with respect to matters or questions arising under this Indenture; or (d) to add to this Indenture such provisions as may be expressly permitted by that do not adversely affect the TIA, excluding, however, the provisions referred to in Section 3 16(a)(2) of the TIA as in effect at the date as of which this instrument was executed or any corresponding provision in any similar federal statute hereafter enacted; or (e) to establish any form of Security, as provided in Article II, to provide for the issuance of any series of Securities as provided in Article III and to set forth the terms thereof, and/or to add to the rights interests of the Holders of the Securities of any series; or (f) evidence and provide for the acceptance of appointment by another corporation as a successor Trustee hereunder with respect to one or more series of Securities and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, pursuant to Section 6.11; or (g) to add any additional Events of Default in respect of the Securities of any or all series (and if such additional Events of Default are to be in respect of less than all series of Securities, stating that such Events of Default are expressly being included solely for the benefit of one or more specified series); or (h) to provide for uncertificated Securities in addition to or in place of certificated Securities and to provide for bearer Securities; provided that uncertificated Securities are issued in registered form for purposes of Section 163(f) of the Internal Revenue Code of 1986, as amended, or in a manner such that the uncertificated Securities are described in Section 163(f)(2)(B) of such Internal Revenue Code; or (i) to provide for the terms and conditions of conversion into Common Stock or other Marketable Securities of the Securities of any series which are convertible into Common Stock or other Marketable Securities, if any; or (j) to secure the Securities of any series; or (k) to add Guarantees in respect of any series or all of the Securities; or (l) to make any other change that does not adversely affect the rights of the Holders of any or all series of Securities; or (m) to make any change necessary to comply with any requirement of the Commission in connection with the qualification of this Indenture or any supplemental indenture under the Trust Indenture Act. No supplemental indenture for the purposes identified in clauses (b), (c) or (e) above may be entered into if to do so would adversely affect the rights of the Holders of Outstanding Securities of any series in any material respect.; or

Appears in 1 contract

Sources: Senior Indenture (ServisFirst Bancshares, Inc.)

Supplemental Indentures Without Consent of Securityholders. Except as otherwise set forth in an indenture supplemental hereto or Board Resolution creating such series of Securities or in the form of Security for such series, without Without the consent of the Holders of any Securities, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental hereto, in form reasonably satisfactory to the Trustee, for any of the following purposes: (a1) to evidence the succession of another corporation or Person to the Company or any Guarantor, if any, and the assumption by any such successor of the respective covenants of the Company or any Guarantor herein and in the Securities contained; or (b2) to add to the covenants of the Company or any Guarantor, if any, or to surrender any right or power herein conferred upon the Company or any Guarantor, for the benefit of the Holders of the Securities of any or all series (and if such covenants or the surrender of such right or power are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included or such surrenders are expressly being made solely for the benefit of one or more specified series); or (c3) to cure any ambiguity, to correct or supplement any provision herein which may be inconsistent with any other provision herein, or to make any other provisions with respect to matters or questions arising under this Indenture; or (d4) to add to this Indenture such provisions as may be expressly permitted by the TIA, excluding, however, the provisions referred to in Section 3 16(a)(2316(a)(2) of the TIA as in effect at the date as of which this instrument was executed or any corresponding provision in any similar federal statute hereafter enacted; or (e5) to establish any form of Security, as provided in Article II, to provide for the issuance of any series of Securities as provided in Article III and to set forth the terms thereof, and/or to add to the rights of the Holders of the Securities of any series; or (f6) to evidence and provide for the acceptance of appointment by another corporation as a successor Trustee hereunder with respect to one or more series of Securities and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, pursuant to Section 6.11; or (g7) to add any additional Events of Default in respect of the Securities of any or all series (and if such additional Events of Default are to be in respect of less than all series of Securities, stating that such Events of Default are expressly being included solely for the benefit of one or more specified series); or (h) 8) to provide for uncertificated Securities in addition to or in place of certificated Securities and to provide for bearer Securities; provided that uncertificated Securities are issued in registered form for purposes of Section 163(f) of the Internal Revenue Code of 1986, as amended, or in a manner such that the uncertificated Securities are described in Section 163(f)(2)(B) of such Internal Revenue Code; or (i9) to provide for the terms and conditions of conversion into Common Stock or other Marketable Securities of the Securities of any series which are convertible into Common Stock or other Marketable Securities, if anydifferent from those set forth in Article XII; or (j10) to secure the Securities of any seriesseries pursuant to Section 10.06 or otherwise; or (k11) to add Guarantees additional guarantors in respect of any series or all of the Securities; or (l12) to make any other change that does not adversely affect the rights of the Holders of any or all series of Securities; or (m13) to make any change necessary to comply with any requirement of the Commission in connection with the qualification of this Indenture or any supplemental indenture under the Trust Indenture Act. No supplemental indenture for the purposes identified in clauses Clauses (b2), (c3), (5) or (e7) above may be entered into if to do so would adversely affect the rights of the Holders of Outstanding Securities of any series in any material respect.

Appears in 1 contract

Sources: Indenture (Time Warner Cable Inc.)

Supplemental Indentures Without Consent of Securityholders. Except as otherwise set forth in an indenture supplemental hereto or Board Resolution creating such series of Securities or in the form of Security for such series, without the consent of the Holders of any Securities, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental hereto, in form reasonably satisfactory to the Trustee, for any of the following purposes: (a1) to evidence the succession of another corporation or Person to the Company or any Guarantor, if any, and the assumption by any such successor of the respective covenants of the Company or any Guarantor herein and in the Securities contained; or (b2) to add to the covenants of the Company or any Guarantor, if any, or to surrender any right or power herein conferred upon the Company or any GuarantorCompany, for the benefit of the Holders of the Securities of any or all series (and if such covenants or the surrender of such right or power are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included or such surrenders are expressly being made solely for the benefit of one or more specified series); or (c3) to cure any ambiguity, to correct or supplement any provision herein which may be inconsistent with any other provision herein, or to make any other provisions with respect to matters or questions arising under this Indenture; or (d4) to add to this Indenture such provisions as may be expressly permitted by the TIA, excluding, however, the provisions referred to in Section 3 16(a)(2316(a)(2) of the TIA as in effect at the date as of which this instrument was executed or any corresponding provision in any similar federal statute hereafter enacted; or (e5) to establish any form of Security, as provided in Article II, to provide for the issuance of any series of Securities as provided in Article III and to set forth the terms thereof, and/or to add to the rights of the Holders of the Securities of any series; or (f6) to evidence and provide for the acceptance of appointment by another corporation as a successor Trustee hereunder with respect to one or more series of Securities and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, pursuant to Section 6.11; or (g7) to add any additional Events of Default in respect of the Securities of any or all series (and if such additional Events of Default are to be in respect of less than all series of Securities, stating that such Events of Default are expressly being included solely for the benefit of one or more specified series); or (h) 8) to provide for uncertificated Securities in addition to or in place of certificated Securities and to provide for bearer Securities; provided that uncertificated Securities are issued in registered form for purposes of Section 163(f) of the Internal Revenue Code of 1986, as amended, or in a manner such that the uncertificated Securities are described in Section 163(f)(2)(B) of such Internal Revenue Code; or (i9) to provide for the terms and conditions of conversion into Common Stock or other Marketable Securities of the Securities of any series which are convertible into Common Stock or other Marketable Securities, if anydifferent from those set forth in Article XIII; or (j10) to secure the Securities of any series; or (k11) to add Guarantees guarantees in respect of any series or all of the Securities; or (l12) to make any other change that does not adversely affect the rights of the Holders of any or all series of Securities; or (m13) to make any change necessary to comply with any requirement of the Commission in connection with the qualification of this Indenture or any supplemental indenture under the Trust Indenture Act. No supplemental indenture for the purposes identified in clauses (b2), (c3) or (e5) above may be entered into if to do so would adversely affect the rights of the Holders of Outstanding Securities of any series in any material respect.

Appears in 1 contract

Sources: Indenture (ExlService Holdings, Inc.)

Supplemental Indentures Without Consent of Securityholders. Except as otherwise set forth in an indenture supplemental hereto or Board Resolution creating such series of Securities or in the form of Security for such series, without Without the consent of the Holders of any Securities, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental hereto, in form reasonably satisfactory to the Trustee, for any of the following purposes: (a1) to evidence the succession of another corporation or Person to the Company or any Guarantor, if any, Guarantor and the assumption by any such successor of the respective covenants of the Company or any Guarantor herein and in the Securities contained; oror the Guarantees relating thereto; (b2) to add to the covenants of the Company or any Guarantor, if anythe Guarantors, or to surrender any right or power herein conferred upon the Company or any Guarantorthe rights or powers of the Guarantors, for the benefit of the Holders of the Securities of any or all series (and if such covenants or the surrender of such right or power are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included or such surrenders are expressly being made solely for the benefit of one or more specified series); or; (c3) to cure any ambiguity, to correct or supplement any provision herein which may be inconsistent with any other provision herein, or to make any other provisions with respect to matters or questions arising under this Indenture; orprovided that any such 962368.1 supplemental indenture shall not materially and adversely affect the interests of the Securityholders of any series; (d4) to add to this Indenture such provisions as may be expressly permitted by the TIA, excluding, however, the provisions referred to in Section 3 16(a)(2316(a)(2) of the TIA as in effect at the date as of which this instrument was executed or any corresponding provision in any similar federal statute hereafter enacted; or; (e5) to establish any form of Security, as provided in Article II2, to provide for the issuance of any series of Securities as provided in Article III 3 and to set forth the terms thereof, and/or to add to the rights of the Holders of the Securities of any series; or; (f6) to evidence and provide for the acceptance of the appointment by another corporation as a successor Trustee hereunder with respect to one or more series of Securities and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, Trustee pursuant to Section 6.11; or; (g7) to add any additional Events of Default in respect of the Securities of any or all series (and if such additional Events of Default are to be in respect of less than all series of Securities, stating that such Events of Default are expressly being included solely for the benefit of one or more specified series); or; (h) to provide for uncertificated Securities in addition to or in place of certificated Securities and to provide for bearer Securities; provided that uncertificated Securities are issued in registered form for purposes of Section 163(f) of the Internal Revenue Code of 1986, as amended, or in a manner such that the uncertificated Securities are described in Section 163(f)(2)(B) of such Internal Revenue Code; or (i) 8) to provide for the terms and conditions issuance of conversion into Common Stock or other Marketable Securities of the Securities of any series which are convertible into Common Stock or other Marketable Securities, if any; orin coupon as well as in fully registered form; (j9) to secure the Securities of any seriesseries pursuant to Section 10.06 or otherwise; or (k10) to add Guarantees in respect evidence the addition of any series or all Subsidiary of the Securities; or (l) to make any other change that does not adversely affect Company as a Guarantor hereunder or the rights of the Holders release of any or all series Guarantor hereunder and any of Securities; or (m) to make any change necessary to comply its obligations hereunder in accordance with any requirement of the Commission in connection with the qualification of this Indenture or any supplemental indenture under the Trust Indenture Act. No supplemental indenture for the purposes identified in clauses (b), (c) or (e) above may be entered into if to do so would adversely affect the rights of the Holders of Outstanding Securities of any series in any material respectArticle 12.

Appears in 1 contract

Sources: Indenture (General Dynamics Corp)

Supplemental Indentures Without Consent of Securityholders. Except as otherwise set forth in an indenture supplemental hereto or Board Resolution creating such series of Securities or in the form of Security for such series, without Without the consent of the Holders of any Securities, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental hereto, in form reasonably satisfactory to the Trustee, for any of the following purposes: (a1) to evidence the succession of another corporation or Person to the Company or any Guarantor, if any, and the assumption by any such successor of the respective covenants of the Company or any Guarantor herein and in the Securities contained; or (b2) to add to the covenants of the Company or any Guarantor, if any, or to surrender any right or power herein conferred upon the Company or any Guarantor, for the benefit of the Holders of the Securities of any or all series (and if such covenants or the surrender of such right or power are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included or such surrenders are expressly being made solely for the benefit of one or more specified series); or (c3) to cure any ambiguity, to correct or supplement any provision herein which may be inconsistent with any other provision herein, or to make any other provisions with respect to matters or questions arising under this Indenture; or (d4) to add to this Indenture such provisions as may be expressly permitted by the TIA, excluding, however, the provisions referred to in Section 3 16(a)(2316(a)(2) of the TIA as in effect at the date as of which this instrument was executed or any corresponding provision in any similar federal statute hereafter enacted; or (e5) to establish any form of Security, as provided in Article II, to provide for the issuance of any series of Securities as provided in Article III and to set forth the terms thereof, and/or to add to the rights of the Holders of the Securities of any series; or (f6) to evidence and provide for the acceptance of appointment by another corporation as a successor Trustee hereunder with respect to one or more series of Securities and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, pursuant to Section 6.11; or (g7) to add any additional Events of Default in respect of the Securities of any or all series (and if such additional Events of Default are to be in respect of less than all series of Securities, stating that such Events of Default are expressly being included solely for the benefit of one or more specified series); or (h) 8) to provide for uncertificated the issuance of Securities in addition to or in place of certificated Securities and to provide for bearer Securities; provided that uncertificated Securities are issued in coupon as well as fully registered form for purposes of Section 163(f) of the Internal Revenue Code of 1986, as amended, or in a manner such that the uncertificated Securities are described in Section 163(f)(2)(B) of such Internal Revenue Codeform; or (i9) to provide for the terms and conditions of conversion into Common Stock or other Marketable Securities of the Securities of any series which are convertible into Common Stock or other Marketable Securities, if anydifferent from those set forth in Article XII; or (j10) to secure the Securities of any series; or (k) series pursuant to add Guarantees in respect of any series Section 10.06 or all of the Securities; or (l) to make any other change that does not adversely affect the rights of the Holders of any or all series of Securities; or (m) to make any change necessary to comply with any requirement of the Commission in connection with the qualification of this Indenture or any supplemental indenture under the Trust Indenture Actotherwise. No supplemental indenture for the purposes identified in clauses Clauses (b2), (c3), (5) or (e7) above may be entered into if to do so would adversely affect the rights of the Holders of Outstanding Securities of any series in any material respect.

Appears in 1 contract

Sources: Indenture (Time Warner Inc/)

Supplemental Indentures Without Consent of Securityholders. Except as otherwise set forth in an indenture supplemental hereto or Board Resolution creating such series of Securities or in the form of Security for such series, without the consent of the Holders of any Securities, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental hereto, in form reasonably satisfactory to the Trustee, for any of the following purposes: (a1) to evidence the succession of another corporation or Person to the Company or any Guarantor, if any, the Guarantor and the assumption by any such successor of the respective covenants of the Company or any the Guarantor herein and in the Securities contained; or (b2) to add to the covenants of the Company or any the Guarantor, if any, or to surrender any right or power herein conferred upon the Company or any the Guarantor, for the benefit of the Holders of the Securities of any or all series (and if such covenants or the surrender of such right or power are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included or such surrenders are expressly being made solely for the benefit of one or more specified series); or (c3) to cure any ambiguity, to correct or supplement any provision herein which may be inconsistent with any other provision herein, or to make any other provisions with respect to matters or questions arising under this Indenture; or (d4) to add to this Indenture such provisions as may be expressly permitted by the TIA, excluding, however, the provisions referred to in Section 3 16(a)(2316(a)(2) of the TIA as in effect at the date as of which this instrument was executed or any corresponding provision in any similar federal statute hereafter enacted; or (e5) to establish any form of Security, as provided in Article II, to provide for the issuance of any series of Securities as provided in Article III and to set forth the terms thereof, and/or to add to the rights of the Holders of the Securities of any series; or (f6) to evidence and provide for the acceptance of appointment by another corporation as a successor Trustee hereunder with respect to one or more series of Securities and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, pursuant to Section 6.11; or (g7) to add any additional Events of Default in respect of the Securities of any or all series (and if such additional Events of Default are to be in respect of less than all series of Securities, stating that such Events of Default are expressly being included solely for the benefit of one or more specified series); or (h) 8) to provide for uncertificated Securities in addition to or in place of certificated Securities and to provide for bearer Securities; provided that uncertificated Securities are issued in registered form for purposes of Section 163(f) of the Internal Revenue Code of 1986, as amended, or in a manner such that the uncertificated Securities are described in Section 163(f)(2)(B) of such Internal Revenue Code; or (i) to provide for the terms and conditions of conversion into Common Stock or other Marketable Securities of the Securities of any series which are convertible into Common Stock or other Marketable Securities, if any; or (j9) to secure the Securities of any series; or (k10) to add Guarantees additional guarantors in respect of any series or all of the Securities; or (l11) to make any other change that does not adversely affect the rights of the Holders of any or all series of Securities; or (m12) to make any change necessary to comply with any requirement of the Commission in connection with the qualification of this Indenture or any supplemental indenture under the Trust Indenture Act. No supplemental indenture for the purposes identified in clauses (b2), (c3) or (e5) above may be entered into if to do so would adversely affect the rights of the Holders of Outstanding Securities of any series in any material respect.

Appears in 1 contract

Sources: Indenture (Las Vegas Sands Corp)

Supplemental Indentures Without Consent of Securityholders. Except as otherwise set forth in an indenture supplemental hereto or Board Resolution creating such series of Securities or in the form of Security for such series, without the consent of the Holders of any Securities, the CompanyThe Issuer, when authorized by a resolution of the Board Resolutionof Directors (which resolution may provide general terms or parameters for such action and may provide that the specific terms of such action may be determined in accordance with or pursuant to an Issuer Order), and the TrusteeTrustee may, at any time and from time to time and at any time, may enter into an indenture or indentures supplemental hereto (which shall conform to the provisions of the Trust Indenture Act of 1939 as in force at the date of the execution thereof) for one or more indentures supplemental hereto, in form reasonably satisfactory to the Trustee, for any of the following purposes: (a) to convey, transfer, assign, mortgage or pledge to the Trustee as security for the Securities of one or more series any property or assets; (b) to evidence the succession of another corporation or Person to the Company Issuer, or any Guarantor, if anysuccessive successions, and the assumption by any such the successor corporation of the respective covenants covenants, agreements and obligations of the Company or any Guarantor herein and in the Securities contained; orIssuer pursuant to Article Nine; (bc) to add to the covenants of the Company or any Guarantor, if any, or to surrender any right or power herein conferred upon the Company or any Guarantor, Issuer for the benefit of the Holders of the all or any series of Securities of any or all series (and if such covenants or the surrender of such right or power are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included or such surrenders are expressly being made solely for the benefit of one such series) such further covenants, restrictions, conditions or more specified series); or (c) to cure any ambiguity, to correct or supplement any provision herein which may be inconsistent with any other provision herein, or to make any other provisions with respect to matters or questions arising under this Indenture; or (d) to add to this Indenture such provisions as may the Issuer and the Trustee shall consider to be expressly permitted by the TIA, excluding, however, the provisions referred to in Section 3 16(a)(2) of the TIA as in effect at the date as of which this instrument was executed or any corresponding provision in any similar federal statute hereafter enacted; or (e) to establish any form of Security, as provided in Article II, to provide for the issuance of any series of Securities as provided in Article III and to set forth the terms thereof, and/or to add to the rights protection of the Holders of the Securities of any series; or (f) evidence and provide for the acceptance of appointment by another corporation as a successor Trustee hereunder with respect to one or more series of Securities , and to add to make the occurrence, or change the occurrence and continuance, of a default in complying with any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, pursuant to Section 6.11; or (g) to add any additional Events of Default in respect of the Securities of any or all series (and if such additional Events of Default are to be in respect of less than all series of Securitiescovenant, stating that such Events of Default are expressly being included solely for the benefit of one or more specified series); or (h) to provide for uncertificated Securities in addition to or in place of certificated Securities and to provide for bearer Securities; provided that uncertificated Securities are issued in registered form for purposes of Section 163(f) of the Internal Revenue Code of 1986, as amended, or in a manner such that the uncertificated Securities are described in Section 163(f)(2)(B) of such Internal Revenue Code; or (i) to provide for the terms and conditions of conversion into Common Stock or other Marketable Securities of the Securities of any series which are convertible into Common Stock or other Marketable Securities, if any; or (j) to secure the Securities of any series; or (k) to add Guarantees in respect of any series or all of the Securities; or (l) to make any other change that does not adversely affect the rights of the Holders of any or all series of Securities; or (m) to make any change necessary to comply with any requirement of the Commission in connection with the qualification of this Indenture or any supplemental indenture under the Trust Indenture Act. No supplemental indenture for the purposes identified in clauses (b), (c) or (e) above may be entered into if to do so would adversely affect the rights of the Holders of Outstanding Securities of any series in any material respect.restriction,

Appears in 1 contract

Sources: Indenture (CMS Energy Trust Ii)

Supplemental Indentures Without Consent of Securityholders. Except as otherwise set forth in an indenture supplemental hereto or Board Resolution creating such series of Securities or in the form of Security for such series, without Without the consent of the Holders of any Securities, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental hereto, in form reasonably satisfactory to the Trustee, for any of the following purposes: (a1) to evidence the succession of another corporation or Person to the Company or any Guarantor, if any, and the assumption by any such successor of the respective covenants of the Company or any Guarantor herein and in the Securities contained; or (b2) to add to the covenants of the Company or any Guarantor, if any, or to surrender any right or power herein conferred upon the Company or any Guarantor, for the benefit of the Holders of the Securities of any or all series (and if such covenants or the surrender of such right or power are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included or such surrenders are expressly being made solely for the benefit of one or more specified series); or (c3) to cure any ambiguity, to correct or supplement any provision herein which may be inconsistent with any other provision herein, or to make any other provisions with respect to matters or questions arising under this Indenture; or (d4) to add to this Indenture such provisions as may be expressly permitted by the TIA, excluding, however, the provisions referred to in Section 3 16(a)(2316(a)(2) of the TIA as in effect at the date as of which this instrument was executed or any corresponding provision in any similar federal statute hereafter enacted; or (e5) to establish any form of Security, as provided in Article II, II and to provide for the issuance of any series of Securities as provided in Article III and to set forth the terms thereof, and/or to add to the rights of the Holders of the Securities of any series; or (f6) to evidence and provide for the acceptance of appointment by another corporation as a successor Trustee hereunder with respect to one or more series of Securities and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, pursuant to Section 6.11; or (g7) to add any additional Events of Default in respect of the Securities of any or all series (and if such additional Events of Default are to be in respect of less than all series of Securities, stating that such Events of Default are expressly being included solely for the benefit of one or more specified series); or (h) 8) to provide for uncertificated the issuance of Securities in addition to or in place of certificated Securities and to provide for bearer Securities; provided that uncertificated Securities are issued in coupon as well as fully registered form for purposes of Section 163(f) of the Internal Revenue Code of 1986, as amended, or in a manner such that the uncertificated Securities are described in Section 163(f)(2)(B) of such Internal Revenue Codeform; or (i9) to provide for the terms and conditions of conversion into Common Stock or other Marketable Securities of the Securities of any series which are convertible into Common Stock or other Marketable Securities, if anydifferent from those set forth in Article XII; or (j10) to secure the Securities of any series; or (k) to add Guarantees in respect of any series or all of the Securities; or (l) to make any other change that does not adversely affect the rights of the Holders of any or all series of Securities; or (m) to make any change necessary to comply with any requirement of the Commission in connection with the qualification of this Indenture or any supplemental indenture under the Trust Indenture Act. No supplemental indenture for the purposes identified in clauses Clauses (b2), (c3), (5) or (e7) above may be entered into if to do so would adversely affect the rights of the Holders of Outstanding Securities of any series in any material respect.

Appears in 1 contract

Sources: Indenture (Amber Air Freight Corp)

Supplemental Indentures Without Consent of Securityholders. Except as otherwise set forth in an indenture supplemental hereto or Board Resolution creating such series of Securities or in the form of Security for such series, without Without the consent of the Holders of any Securities, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental hereto, in form reasonably satisfactory to the Trustee, for any of the following purposes: (a1) to evidence the succession of another corporation or Person to the Company or any Guarantor, if any, Guarantor and the assumption by any such successor of the respective covenants of the Company or any Guarantor herein and in the Securities contained; oror the Guarantees relating thereto; (b2) to add to the covenants of the Company or any Guarantor, if anythe Guarantors, or to surrender any right or power herein conferred upon the Company or any Guarantorthe rights or powers of the Guarantors, for the benefit of the Holders of the Securities of any or all series (and if such covenants or the surrender of such right or power are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included or such surrenders are expressly being made solely for the benefit of one or more specified series); or; (c3) to cure any ambiguity, to correct or supplement any provision herein which may be inconsistent with any other provision herein, or to make any other provisions with respect to matters or questions arising under this Indenture; orprovided that any such supplemental indenture shall not materially and adversely affect the interests of the Securityholders of any series; (d4) to add to this Indenture such provisions as may be expressly permitted by the TIA, excluding, however, the provisions referred to in Section 3 16(a)(2316(a)(2) of the TIA as in effect at the date as of which this instrument was executed or any corresponding provision in any similar federal statute hereafter enacted; or; (e5) to establish any form of Security, as provided in Article II2, to provide for the issuance of any series of Securities as provided in Article III 3 and to set forth the terms thereof, and/or to add to the rights of the Holders of the Securities of any series; or; (f6) to evidence and provide for the acceptance of the appointment by another corporation as a successor Trustee hereunder with respect to one or more series of Securities and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, Trustee pursuant to Section 6.11; or; (g7) to add any additional Events of Default in respect of the Securities of any or all series (and if such additional Events of Default are to be in respect of less than all series of Securities, stating that such Events of Default are expressly being included solely for the benefit of one or more specified series); or; (h) to provide for uncertificated Securities in addition to or in place of certificated Securities and to provide for bearer Securities; provided that uncertificated Securities are issued in registered form for purposes of Section 163(f) of the Internal Revenue Code of 1986, as amended, or in a manner such that the uncertificated Securities are described in Section 163(f)(2)(B) of such Internal Revenue Code; or (i) 8) to provide for the terms and conditions issuance of conversion into Common Stock or other Marketable Securities of the Securities of any series which are convertible into Common Stock or other Marketable Securities, if any; orin coupon as well as in fully registered form; (j9) to secure the Securities of any seriesseries pursuant to Section 10.06 or otherwise; or (k10) to add Guarantees in respect evidence the addition of any series or all Subsidiary of the Securities; or (l) to make any other change that does not adversely affect Company as a Guarantor hereunder or the rights of the Holders release or discharge of any or all series Guarantor hereunder and any of Securities; or (m) to make any change necessary to comply its obligations hereunder in accordance with any requirement of the Commission in connection with the qualification of this Indenture or any supplemental indenture under the Trust Indenture Act. No supplemental indenture for the purposes identified in clauses (b), (c) or (e) above may be entered into if to do so would adversely affect the rights of the Holders of Outstanding Securities of any series in any material respectArticle 12.

Appears in 1 contract

Sources: Indenture (Gulfstream Aerospace Corp)

Supplemental Indentures Without Consent of Securityholders. Except as otherwise set forth in an indenture supplemental hereto Without notice to or Board Resolution creating such series of Securities or in the form of Security for such series, without the consent of the Holders any Holder of any SecuritiesSecurity or coupon, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental hereto, in form reasonably satisfactory to the Trustee, for any of the following purposes: (a) to evidence the succession of another corporation or Person to the Company or any Guarantor, if anyCompany, and the assumption by any such successor of the respective covenants of the Company or any Guarantor herein and in the Securities containedSecurities; or (b) to evidence and provide for the acceptance of appointment hereunder by a successor Trustee with respect to one or more series of Securities and to add to or change the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, pursuant to Section 8.11; or (c) to add to the covenants of the Company or any Guarantor, if any, or to surrender any right or power herein conferred upon the Company or any GuarantorCompany, for the benefit of the Holders of the Securities of all or any or all series (and if such covenants or the surrender of such right or power are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included or such surrenders are expressly being made solely for the benefit of one or more specified such series), or to surrender any rights or power herein conferred upon the Company; or (cd) to cure any ambiguity, to correct or supplement any provision herein which may be inconsistent with any other provision herein, or to make any other provisions with respect to matters or questions arising under this Indenture; or (d) to add to this Indenture , provided that such provisions as may be expressly permitted by action shall not adversely affect the TIA, excluding, however, the provisions referred to in Section 3 16(a)(2) interests of the TIA as in effect at the date as Holders of which this instrument was executed Securities of any series or any corresponding provision related coupons in any similar federal statute hereafter enactedmaterial respect; or (e) to establish add any form additional Defaults or Events of Security, as provided in Article II, Default with respect to provide for the issuance of all or any series of Securities as provided in Article III and to set forth the terms thereof, and/or to add to the rights of the Holders of the Securities (and, if such Default or Event of any seriesDefault is applicable to less than all series of Securities, specifying the series to which such Default or Event of Default is applicable); or (f) evidence and provide for the acceptance of appointment by another corporation as a successor Trustee hereunder with respect to one or more series of Securities and to add to or change any of the provisions of this Indenture as shall be necessary to provide that Bearer Securities may be registerable as to principal, to change or eliminate any restrictions on the payment of principal of (or premium, if any), Maturity Consideration or any interest on Bearer Securities, to permit Bearer Securities to be issued in exchange for Registered Securities, to permit Bearer Securities to be issued in exchange for Bearer Securities of other authorized denominations or facilitate to permit the administration issuance of Securities in uncertificated form, provided any such action shall not adversely affect the interests of the trusts hereunder by more than one Trustee, pursuant to Section 6.11Holders of Securities of any series or any related coupons in any material respect; or (g) to add change or eliminate any additional Events of Default in respect of the Securities provisions of this Indenture, provided that, any such change or elimination shall become effective only when there is no Security Outstanding of any series created prior to the execution of such supplemental indenture which is adversely affected by such change in or all series (and if elimination of such additional Events of Default are to be in respect of less than all series of Securities, stating that such Events of Default are expressly being included solely for the benefit of one or more specified series)provisions; or (h) to provide for uncertificated Securities in addition to establish the form or in place terms of certificated Securities a Security of any series as permitted by Sections 2.01 and to provide for bearer Securities; provided that uncertificated Securities are issued in registered form for purposes of Section 163(f) of the Internal Revenue Code of 1986, as amended, or in a manner such that the uncertificated Securities are described in Section 163(f)(2)(B) of such Internal Revenue Code3.01; or (i) to provide for convey, transfer, assign, mortgage or pledge any property to or with the terms and conditions of conversion into Common Stock or other Marketable Securities of the Securities of any series which are convertible into Common Stock or other Marketable Securities, if anyTrustee; or (j) to secure the Securities of any series; or (k) to add Guarantees in respect of any series or all of the Securities; or (l) to make any other change that does not adversely affect the provide for conversion rights of the Holders of any or all series of Securities; or (m) to make any change necessary to comply with any requirement of the Commission in connection with the qualification of this Indenture or any supplemental indenture under the Trust Indenture Act. No supplemental indenture for the purposes identified in clauses (b), (c) or (e) above may be entered into if to do so would adversely affect the rights of the Holders of Outstanding Securities of any series in to enable such Holders to convert such Securities into other securities of the Company. Any supplemental indenture authorized by the provisions of this Section 9.01 may be executed by the Company and the Trustee without the consent of the holders of any material respectof the Securities at the time outstanding, notwithstanding any of the provisions of Section 9.02.

Appears in 1 contract

Sources: Indenture (Commerce Bancorp Inc /Nj/)

Supplemental Indentures Without Consent of Securityholders. Except as otherwise set forth in an indenture supplemental hereto or Board Resolution creating such series of Securities or in the form of Security for such series, without Without the consent of the Holders of any Securities, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental hereto, in form reasonably satisfactory to the Trustee, for any of the following purposes: (a1) to evidence the succession of another corporation or Person to the Company or any Guarantor, if anyCompany, and the assumption by any such successor of the respective covenants of the Company or any Guarantor herein and in the Securities contained; or (b2) to add to the covenants of the Company or any Guarantor, if anyCompany, or to surrender any right or power herein conferred upon the Company or any GuarantorCompany, for the benefit of the Holders of the Securities of any or all series (and if such covenants or the surrender of such right or power are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included or such surrenders are expressly being made solely for the benefit of one or more specified series); or (c3) to cure any ambiguity, to correct or supplement any provision herein which may be inconsistent with any other provision herein, or to make any other provisions with respect to matters or questions arising under this Indenture; or (d4) to add to this Indenture such provisions as may be expressly permitted by the TIA, excluding, however, the provisions referred to in Section 3 16(a)(2316(a)(2) of the TIA as in effect at the date as of which this instrument was executed or any corresponding provision in any similar federal Federal statute hereafter enacted; or (e5) to establish any form of Security, as provided in Article IITwo, and to provide for the issuance of any series of Securities as provided in Article III Three and to set forth the terms thereof, and/or to add to the rights of the Holders of the Securities of any series; or (f6) to evidence and provide for the acceptance of appointment by another corporation as a successor Trustee hereunder with respect to one or more series of Securities and to add to or change any of the provisions provi- sions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, pursuant to Section 6.11611; or (g7) to add any additional Events of Default in respect of the Securities of any or all series (and if such additional Events of Default are to be in respect of less than all series of Securities, stating that such Events of Default are expressly being included solely for the benefit of one or more specified series); or (h) to provide for uncertificated Securities in addition to or in place of certificated Securities and to provide for bearer Securities; provided that uncertificated Securities are issued in registered form for purposes of Section 163(f) of the Internal Revenue Code of 1986, as amended, or in a manner such that the uncertificated Securities are described in Section 163(f)(2)(B) of such Internal Revenue Code; or (i) 8) to provide for the terms and conditions issuance of conversion into Common Stock or other Marketable Securities of the Securities of any series which are convertible into Common Stock or other Marketable Securities, if any; or (j) to secure the Securities of any series; or (k) to add Guarantees in respect of any series or all of the Securities; or (l) to make any other change that does not adversely affect the rights of the Holders of any or all series of Securities; or (m) to make any change necessary to comply with any requirement of the Commission in connection with the qualification of this Indenture or any supplemental indenture under the Trust Indenture Actcoupon as well as fully registered form. No supplemental indenture for the purposes identified in clauses Clauses (b2), (c3) or (e7) above may be entered into if to do so would adversely affect the rights interest of the Holders of Outstanding Securities of any series in any material respectseries.

Appears in 1 contract

Sources: Indenture (Neiman Marcus Group Inc)