Supplemental Indentures Without the Consent of Securityholders Clause Samples
The "Supplemental Indentures Without the Consent of Securityholders" clause allows the issuer and the trustee to amend or supplement the indenture agreement without needing approval from the holders of the securities. Typically, such amendments are limited to changes that do not adversely affect the rights of securityholders, such as correcting typographical errors, adding new covenants for the benefit of holders, or making changes required by law. This clause streamlines the process for making minor or technical adjustments to the indenture, ensuring administrative efficiency and legal compliance without the delay or complexity of seeking widespread investor consent.
Supplemental Indentures Without the Consent of Securityholders. In addition to any supplemental indenture otherwise authorized by this Indenture, the Company and the Trustee may from time to time and at any time enter into an indenture or indentures supplemental hereto (which shall conform to the provisions of the Trust Indenture Act as then in effect), without the consent of the Securityholders, for one or more of the following purposes:
(a) to cure any ambiguity, defect, or inconsistency herein or in the Securities of any series;
(b) to comply with Article Ten;
(c) to provide for uncertificated Securities in addition to or in place of certificated Securities;
(d) to add to the covenants, restrictions, conditions or provisions relating to the Company for the benefit of the holders of all or any series of Securities (and if such covenants, restrictions, conditions or provisions are to be for the benefit of less than all series of Securities, stating that such covenants, restrictions, conditions or provisions are expressly being included solely for the benefit of such series), to make the occurrence, or the occurrence and the continuance, of a default in any such additional covenants, restrictions, conditions or provisions an Event of Default, or to surrender any right or power herein conferred upon the Company;
(e) to add to, delete from, or revise the conditions, limitations, and restrictions on the authorized amount, terms, or purposes of issue, authentication, and delivery of Securities, as herein set forth;
(f) to make any change that does not adversely affect the rights of any Securityholder in any material respect;
(g) to provide for the issuance of and establish the form and terms and conditions of the Securities of any series as provided in Section 2.01, to establish the form of any certifications required to be furnished pursuant to the terms of this Indenture or any series of Securities, or to add to the rights of the holders of any series of Securities;
(h) to evidence and provide for the acceptance of appointment hereunder by a successor trustee; or
(i) to comply with any requirements of the Commission or any successor in connection with the qualification of this Indenture under the Trust Indenture Act. The Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into any such supplemental indenture that affects the T...
Supplemental Indentures Without the Consent of Securityholders. In addition to any supplemental indenture otherwise authorized by this Indenture, the Company and the Trustee may from time to time and at any time enter into an indenture or indentures supplemental hereto (which shall conform to the provisions of the Trust Indenture Act as then in effect), without the consent of the Securityholders, for one or more of the following purposes:
(a) to cure any ambiguity, defect, or inconsistency herein, or in the Junior Subordinated Debentures, provided that any such action does not materially adversely affect the interests of the Holders or the holders of the Preferred Securities so long as they remain outstanding;
(b) to comply with Article XII;
(c) to provide for uncertificated Junior Subordinated Debentures in addition to or in place of certificated Junior Subordinated Debentures;
(d) to add to the covenants of the Company for the benefit of the Holders or to surrender any right or power herein conferred upon the Company;
(e) to add to, delete from, or revise the conditions, limitations, and restrictions on the authorized amount, terms, or purposes of issue, authentication, and delivery of Junior Subordinated Debentures, as herein set forth;
(f) to make any change that does not adversely affect the rights of any Securityholder in any material respect; or
(g) to establish the form of any certifications required to be furnished pursuant to the terms of this Indenture or to add to the rights of the Holders. The Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into any such supplemental indenture that affects the Trustee's own rights, duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section may be executed by the Company and the Trustee without the consent of the Holders of any of the Junior Subordinated Debentures at the time Outstanding, notwithstanding any of the provisions of Section 11.02.
Supplemental Indentures Without the Consent of Securityholders. 39 SECTION 9.02 SUPPLEMENTAL INDENTURES WITH CONSENT OF SECURITYHOLDERS..........................................40 SECTION 9.03
Supplemental Indentures Without the Consent of Securityholders. In addition to any supplemental indenture otherwise authorized by this Indenture, the Company and the Trustee may from time to time and at any time enter into an indenture or indentures supplemental hereto (which shall conform to the provisions of the Trust Indenture Act as then in effect), without the consent of the Securityholders, for one or more of the following purposes:
Supplemental Indentures Without the Consent of Securityholders. 31 SECTION 9.02 Supplemental Indentures With Consent of Securityholders ........... 32 SECTION 9.03 Effect of Supplemental Indentures ................................. 33 SECTION 9.04 Securities Affected by Supplemental Indentures .................... 33 SECTION 9.05 Execution of Supplemental Indentures .............................. 33
Supplemental Indentures Without the Consent of Securityholders. In addition to any supplemental indenture otherwise authorized by this Indenture, the Company and the Trustee may from time to time and at any time enter into an indenture or indentures supplemental hereto (which shall conform to the provisions of the Trust Indenture Act as then in effect), without the consent of the Securityholders, for one or more of the following purposes:
(a) to cure any ambiguity, defect, or inconsistency herein or in the Securities of any series;
(b) to comply with Article Ten;
(c) to make any change that does not materially adversely affect the interests of any Securityholder;
(d) to evidence and provide for successor trustees;
(e) to add, change or eliminate any provision of this Indenture affecting only Securities not yet issued; or
(f) to comply with any requirement of the Commission in connection with qualification of this Indenture or any supplement hereto under the Trust Indenture Act. The Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into any such supplemental indenture that affects the Trustee's own rights, duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section may be executed by the Company and the Trustee without the consent of the holders of any of the Securities at the time Outstanding, notwithstanding any of the provisions of Section 9.02.
Supplemental Indentures Without the Consent of Securityholders. In addition to any supplemental indenture otherwise authorized by this Indenture, the Company and the Trustee may from time to time and at any time enter into an indenture or indentures supplemental hereto (which shall conform to the provisions of the Trust Indenture Act as then in effect), without the consent of the Securityholders, for one or more of the following purposes:
(1) to cure any ambiguity, defect, or inconsistency herein, in the Securities of any series;
(2) to comply with Article Ten;
(3) to provide for uncertificated Securities in addition to or in place of certificated Securities;
(4) to add to the covenants of the Company for the benefit of the holders of all or any Series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred upon the Company;
(5) to add to, delete from, or revise the conditions, limitations, and restrictions on the authorized amount, terms, or purposes of issue, authentication, and delivery of Securities, as herein set forth;
(6) to make any change that does not adversely affect the rights of any Securityholder in any material respect;
Supplemental Indentures Without the Consent of Securityholders. (a) Section 9.01(a) of the Base Indenture is hereby amended and restated with respect to the Notes only as follows:
(a) to evidence a successor to the Issuer as obligor or a Guarantor as guarantor under this Indenture, or successive successors, and the assumption by any such successor of the covenants of the Issuer or any Guarantor, in a transaction permitted by Article X;”
(b) Section 9.01 of the Base Indenture is hereby amended with respect to the Notes only by deleting “or” in clause (o) and inserting the following clauses (q) and (r) after clause (p):
(q) to confirm and evidence the release, termination or discharge of any Guarantee of or Lien securing the Securities when such release, termination or discharge is permitted by this Indenture; or
(r) to add or change any provisions of this Indenture to such extent as is necessary to permit or facilitate the issuance of Securities in uncertificated form; provided that the uncertificated Securities are issued in registered form for purposes of Section 163(f) of the Internal Revenue Code of 1986, as amended, and such additions and changes to not have an adverse effect on the Holders of the Securities in any material respect.”
Supplemental Indentures Without the Consent of Securityholders. 50 Section 9.02 Supplemental Indentures with Consent of Securityholders. 51 Section 9.03 Effect of Supplemental Indentures. 52 Section 9.04 Securities Affected by Supplemental Indentures. 53 Section 9.05 Execution of Supplemental Indentures. 53 ARTICLE X. SUCCESSOR 53
Supplemental Indentures Without the Consent of Securityholders. SECTION 9.2 SUPPLEMENTAL INDENTURES WITH CONSENT OF SECURITYHOLDERS