Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 with respect to the Securities of any series if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 12 contracts
Sources: Indenture (RAM Holdings Ltd.), Junior Subordinated Indenture (Partnerre LTD), Indenture (Meridian Bioscience Inc)
Waiver of Certain Covenants. The Company Issuers may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 10.7 with respect to the Securities of any series if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company Issuers and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 8 contracts
Sources: Indenture (Teekay Offshore Finance Corp.), Indenture (Teekay Offshore Finance Corp.), Indenture (Teekay LNG Finance Corp.)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 Sections 1002 through 1003 with respect to the Securities of any series if before the time for such compliance the Holders of at least a majority 50% in principal amount of the Outstanding Securities of such seriesseries shall, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 8 contracts
Sources: Indenture (Modine Manufacturing Co), Indenture (Modine Manufacturing Co), Indenture (Cellular Dynamics International, Inc.)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 8.01 or Section 10.04 with respect to the Securities of any series if if, before the time for such compliance compliance, the Holders of at least a majority in principal amount of the Outstanding Securities of such seriesseries shall, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 8 contracts
Sources: Indenture (Midamerican Energy Co), Indenture (Midamerican Energy Co), Indenture (Midamerican Energy Co)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 1006 with respect to the Securities of any series if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such seriesseries shall, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 8 contracts
Sources: Subordinated Indenture (Southern First Bancshares Inc), Subordinated Indenture (Entegra Financial Corp.), Subordinated Indenture (Southern First Bancshares Inc)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision covenant or condition set forth in Section 10.5 with respect to the Securities of any series if Sections 7.4, 10.6 through 10.11 and 10.14 through 10.17, if, before or after the time for such compliance compliance, the Holders of at least not less than a majority in aggregate principal amount of the Securities at the time Outstanding Securities of such seriesshall, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived compliance with such term, provision covenant or conditionprovision, but no such waiver shall extend to or affect such term, provision covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision covenant or condition shall remain in full force and effect.
Appears in 7 contracts
Sources: Indenture (Bally Total Fitness Holding Corp), Indenture (Bally Total Fitness Holding Corp), Indenture (Bally Total Fitness Holding Corp)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 Sections 10.6 to 10.7, inclusive, with respect to the Securities of any series if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such seriesseries shall, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 7 contracts
Sources: Indenture (Abbott Laboratories), Indenture (Abbott Laboratories), Indenture (ONE Gas, Inc.)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision covenant or condition set forth in [Section 10.5 with respect 8.01,] Sections [ ] and pursuant to the Securities of any series Section 9.01(ii), if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such seriesshall, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived waive compliance with such term, provision covenant or condition, but no such waiver shall extend to or affect such term, provision covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision covenant or condition shall remain in full force and effect.
Appears in 7 contracts
Sources: Senior Secured Indenture (United Rentals Highway Technologies Gulf, LLC), Senior Indenture (United Rentals Realty, LLC), Senior Indenture (United Rentals Realty, LLC)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision covenant or condition set forth in Section 10.5 with respect to the Securities of any series if Sections 1006 through 1011, 1013 and 1015 through 1020, if, before or after the time for such compliance compliance, the Holders of at least not less than a majority in aggregate principal amount of the Securities at the time Outstanding Securities of such seriesshall, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived compliance with such term, provision covenant or conditionprovision, but no such waiver shall extend to or affect such term, provision covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision covenant or condition shall remain in full force and effect.
Appears in 6 contracts
Sources: Exhibit (Sonic Automotive Clearwater Inc), Exhibit (Autobahn Inc), Indenture (Uag Connecticut I LLC)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 8.01 or Section 10.04 with respect to the Securities of any series if if, before the time for such compliance compliance, the Holders of at least a majority in 66 2/3% of the principal amount of the Outstanding Securities of such seriesseries shall, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 6 contracts
Sources: Indenture (D & K Healthcare Resources Inc), Indenture (D & K Healthcare Resources Inc), Indenture (D & K Healthcare Resources Inc)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 10.6 with respect to the Securities of any series if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such seriesseries shall, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 6 contracts
Sources: Indenture (Gatx Corp), Indenture (Case Credit Corp), Indenture (Gatx Financial Corp)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 Sections 10.6 to 10.8, inclusive, with respect to the Securities of any series if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such seriesseries shall, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 5 contracts
Sources: Indenture (Alberto-Culver CO), Indenture (Alberto-Culver CO), Indenture (Alberto Culver Co)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 with respect to the Securities of any series 1104 or Section 1105 if before the time for such compliance the Holders of at least not less than a majority in principal amount of the Outstanding Securities of such seriesall series affected thereby shall, by Act of such HoldersHolders (acting as one class), either shall waive such compliance in such instance or generally shall have waived waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 5 contracts
Sources: Indenture (International Business Machines Corp), Indenture (Washington Post Co), Indenture (Polaroid Corp)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 SECTION 10.05 with respect to the Securities of any series if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such seriesseries shall, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 4 contracts
Sources: Subordinated Indenture (Illinois Power Co), Subordinated Indenture (Illinois Power Co), Indenture (Illinois Power Co)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 10.05 with respect to the Securities of any series if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 4 contracts
Sources: Indenture (Partnerre LTD), Indenture (PartnerRe Finance B LLC), Indenture (Partnerre Capital Trust Iii)
Waiver of Certain Covenants. The Company may may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 with respect to the Securities of any series if Sections 9.5 through 9.10 if, before or after the time for such compliance compliance, the Holders of at least a majority in principal amount of the Outstanding Securities of such serieseach series affected, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 4 contracts
Sources: Indenture (Xto Energy Inc), Indenture (Xto Energy Inc), Indenture (Xto Energy Inc)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 Sections 1008 and 1009, with respect to the Securities of any series if before the time for such compliance the Holders of at least a majority 66 2/3% in principal amount of the Outstanding Securities of such seriesseries shall, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 4 contracts
Sources: Supplemental Indenture (Albertsons Companies, Inc.), Supplemental Indenture (Safeway Stores 42, Inc.), Supplemental Indenture (Albertsons Companies, Inc.)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 1005, inclusive, with respect to the Securities of any series if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 3 contracts
Sources: Indenture (CNF Transportation Inc), Indenture (CNF Transportation Inc), Indenture (CNF Transportation Inc)
Waiver of Certain Covenants. The Company may omit not in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Section 10.5 with respect to 901(2) for the Securities benefit of any series the Holders of the Notes if before the time for such compliance the Holders of at least a majority 50% in principal amount of the Outstanding Securities Notes of such seriesseries shall, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 3 contracts
Sources: Indenture (380 Development, LLC), Indenture (380 Development, LLC), Indenture (International Speedway Corp)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision provision, or condition set forth in Section 10.5 this Indenture or any applicable supplemental indenture, with respect to the Securities of any series series, if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding all outstanding Securities of such series, by Act of such Holdersseries shall, either shall waive such compliance in such instance or generally shall have waived waive compliance with such term, provision provision, or conditioncondition in accordance with Article 7 and Section 5.07, but no such waiver shall will extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision provision, or condition shall will remain in full force and effect.
Appears in 3 contracts
Sources: Indenture (Western Digital Corp), Indenture (Western Digital Technologies Inc), Indenture (Graftech International LTD)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 with respect 803 or Sections 1005 to the Securities of any series 1007, inclusive, if before or after the time for such compliance the Holders of at least a majority in principal amount of the all Outstanding Securities of such seriesthe series affected, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 3 contracts
Sources: Indenture (Atmos Energy Corp), Indenture (Atmos Energy Corp), Indenture (Atmos Energy Corp)
Waiver of Certain Covenants. The Company or Guarantor may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 Sections 1006 and 1008 with respect to the Securities of any series if before the time for such compliance the Holders of at least not less than a majority in principal amount of the Outstanding Securities of such seriesseries shall, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, waived and, until such waiver shall become effective, the obligations of the Company and Guarantor and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 3 contracts
Sources: Indenture (CSX Corp), Indenture (CSX Transportation Inc), Indenture (CSX Transportation Inc)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 8.01 with respect to the Securities of any series if if, before the time for such compliance compliance, the Holders of at least a majority in principal amount of the Outstanding Securities of such seriesseries shall, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 3 contracts
Sources: Indenture (Sierra Pacific Power Co), Indenture (Pacificorp /Or/), Indenture (Nevada Power Co)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 Sections 10.05 to 10.07, inclusive, with respect to the Securities of any series if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such seriesseries shall, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 3 contracts
Sources: Indenture (Goodyear Tire & Rubber Co /Oh/), Indenture (Goodyear Tire & Rubber Co /Oh/), Indenture (Goodyear Tire & Rubber Co /Oh/)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 Sections 4.02 to 4.05, inclusive, with respect to the Securities of any series if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding outstanding Securities of such series, by Act of such Holders, series shall either shall waive such compliance in such instance or generally shall have waived waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 3 contracts
Sources: Indenture (Tci Communications Inc), Indenture (Tele Communications Inc /Co/), Indenture (Tele Communications Inc /Co/)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 1004 with respect to the Securities of any series if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such seriesseries shall, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, and until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.. ARTICLE ELEVEN
Appears in 3 contracts
Sources: Indenture (Comdisco Inc), Indenture (Comdisco Inc), Indenture (Comdisco Inc)
Waiver of Certain Covenants. The Company and Industries may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 Sections 1006 and 1007 with respect to the Securities of any series if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such seriesseries shall, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and Industries and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 3 contracts
Sources: Indenture (Nipsco Industries Inc), Indenture (Nipsco Industries Inc), Indenture (Nipsco Industries Inc)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section Sections 10.5 or 10.6 with respect to the Securities of any series if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 3 contracts
Sources: Indenture (Walgreens Boots Alliance, Inc.), Indenture (Nordstrom Inc), Indenture (Nordstrom Inc)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 Sections 10.09 or 10.10 with respect to the Securities of any series if before the time for such compliance the Holders of at least not less than a majority in principal amount of the Outstanding Securities of such seriesseries shall, by Act of or such Holders, either shall waive such compliance in such instance or generally shall have waived waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 3 contracts
Sources: Senior Debt Indenture (Interpublic Group of Companies, Inc.), Senior Debt Indenture (Interpublic Group of Companies Inc), Senior Debt Indenture (Interpublic Group of Companies Inc)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision covenant or condition set forth in Section 10.5 with respect to the Securities of any series if Sections 1006 through 1011, 1013 and 1016 through 1020, if, before or after the time for such compliance compliance, the Holders of at least not less than a majority in aggregate principal amount of the Securities at the time Outstanding Securities of such seriesshall, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived compliance with such term, provision covenant or conditionprovision, but no such waiver shall extend to or affect such term, provision covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision covenant or condition shall remain in full force and effect.
Appears in 3 contracts
Sources: Indenture (Sonic Automotive Inc), Indenture (Sonic Automotive Inc), Indenture (United Auto Group Inc)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 Sections 1004 and 1006, inclusive, with respect to the Securities of any series if before the time for such compliance the Holders of at least a majority 66 2/3% in principal amount of the Outstanding Securities of such seriesseries shall, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived waive compliance with such term, provision or condition, condition but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 2 contracts
Sources: Indenture (Georgia Pacific Corp), Indenture (Georgia Pacific Corp)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 Sections 4.04 and 4.05 with respect to the Securities of any series if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such seriesseries shall, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 2 contracts
Sources: Indenture (Becton Dickinson & Co), Indenture (Becton Dickinson & Co)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 8.01 hereof with respect to the Securities of any series if if, before the time for such compliance compliance, the Holders of at least a majority in principal amount of the Outstanding Securities of such seriesseries shall, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 2 contracts
Sources: Indenture (Alliant Energy Corp), Indenture (Wisconsin Power & Light Co)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 with respect to the Securities of any series 1104 if before the time for such compliance the Holders of at least not less than a majority in principal amount of the Outstanding Securities of such seriesall series affected thereby shall, by Act of such HoldersHolders (acting as one class), either shall waive such compliance in such instance or generally shall have waived waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 2 contracts
Sources: Indenture (Ibm Credit LLC), Indenture (Ibm Credit LLC)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 Sections 1008 and 1009 with respect to the Securities of any series if before the time for such compliance the Holders of at least not less than a majority in principal amount of the Outstanding Securities of such seriesseries shall, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.. ARTICLE ELEVEN
Appears in 2 contracts
Sources: Indenture (Seagate Technology Inc), Indenture (Seagate Technology Inc)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 Sections 1006 and 1007 with respect to the Securities of any series if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such seriesseries shall, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 2 contracts
Sources: Indenture (Synergetics Usa Inc), Subordinated Indenture (Ucu Capital Trust I)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 Sections 10.04 to 10.08, inclusive, with respect to the Securities of any series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such seriesseries shall, by Act of such Holders, either shall waive such compliance in such instance instances or generally shall have waived waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, and until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 2 contracts
Sources: Indenture (Tribune Co), Trust Indenture (Tribune Co)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 4.8 with respect to the Securities of any series if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 2 contracts
Sources: Junior Subordinated Indenture (Endurance Specialty Holdings LTD), Subordinated Indenture (MRH Capital Trust I)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Sections 10.5 through 10.19 (excluding Section 10.5 with respect to the Securities of any series if 10.13) hereof if, before or after the time for such compliance compliance, the Holders of at least a majority in aggregate principal amount of the Outstanding Securities of such seriesSecurities, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 2 contracts
Sources: Indenture (Nuevo Energy Co), Indenture (Nuevo Energy Co)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 4.06, 4.07 or 4.09 with respect to the Securities of any series if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding outstanding Securities of such seriesseries shall, by Act act of such Holders, either shall waive such compliance in such instance or generally shall have waived waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 2 contracts
Sources: Indenture (Flir Systems Inc), Indenture (Flir Systems Inc)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 with respect to the Securities of any series 1104 or Section 1105 if before the time for such compliance the Holders of at least not less than a majority in principal amount of the Outstanding Securities of such seriesall series affected thereby shall, by Act of such HoldersHolders (acting as one class), either shall waive such compliance in such instance or generally shall have waived waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition Condition shall remain in full force and effect.
Appears in 2 contracts
Sources: Indenture (Manor Care Inc/New), Indenture (Manor Care Inc/New)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 Sections 10.6 and 10.7, with respect to the Securities of any series if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such seriesseries shall, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 2 contracts
Sources: Indenture (Royal Gold Inc /De/), Indenture (Royal Gold Inc /De/)
Waiver of Certain Covenants. The Company may omit in any particular instance instance, if expressly provided pursuant to comply with Section 301(17), any term, provision or condition set forth in Section 10.5 with respect covenants applicable to the Securities of any such series if if, before the time for such compliance compliance, the Holders of at least a majority in aggregate principal amount of the Outstanding Securities of such series, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 2 contracts
Sources: Indenture (W. P. Carey Inc.), Indenture (W. P. Carey Inc.)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 Sections 1008 and 1009 with respect to the Securities of any series if before the time for such compliance the Holders of at least not less than a majority in principal amount of the Outstanding Securities of such seriesseries shall, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 2 contracts
Sources: Indenture (Oracle Corp /De/), Indenture (Oracle Corp /De/)
Waiver of Certain Covenants. The Company may may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 with respect to the Securities of any series if Sections 9.5 through 9.11 if, before or after the time for such compliance compliance, the Holders of at least a majority in principal amount of the Outstanding Securities of such serieseach series affected, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 2 contracts
Sources: Indenture (Xto Energy Inc), Indenture (Xto Energy Inc)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 Sections 10.4 and 10.5, with respect to the Securities of any series if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such seriesseries shall, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or of condition shall remain in full force and effect.
Appears in 2 contracts
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 Sections 1007 and 1008 with respect to the Securities of any series if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such seriesseries shall, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 2 contracts
Sources: Indenture (International Alliance Services Inc), Indenture (Commercial Metals Co)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 10.4 of this Indenture with respect to the Securities Notes of any series if if, before the time for such compliance compliance, the Holders of at least a majority in principal amount of the Outstanding Securities Notes of such series, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect. The Company shall obtain and file with the Trustee, before or after the time for such compliance, evidence of the consent of such Holders.
Appears in 2 contracts
Sources: Senior Indenture (Cit Group Inc), Subordinated Indenture (Cit Group Inc)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 1005, or Article Fifteen with respect to the Securities of any series if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such seriesseries shall, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 2 contracts
Sources: Subordinated Debt Indenture (Dynegy Capital Trust Iii), Subordinated Indenture (Dynegy Capital Trust Iii)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1004 to 1008, inclusive, or section 1011 or Section 10.5 with respect to the Securities of any series 1012 if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding all outstanding Securities of such series, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived waive compliance with such term, provision covenant or condition, but no such waiver shall extend to or affect such term, provision covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 2 contracts
Sources: Indenture (Semco Capital Trust), Indenture (Semco Capital Trust Iii)
Waiver of Certain Covenants. The Company and the Restricted Subsidiaries may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 with respect to the Securities of any series or Sections 1004 through 1008, inclusive, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities Notes of such a particular series, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 1 contract
Sources: Indenture (Aircastle LTD)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision covenant or condition set forth in Section 10.5 with respect to the Securities of any series if Sections 1006 through 1011, 1013 and 1015 through 1020, if, before or after the time for such compliance compliance, the Holders of at least not less than a majority in aggregate principal amount of the Securities at the time Outstanding Securities of such seriesshall, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived compliance with such term, provision covenant or conditionprovision, but no such waiver shall extend to or affect such term, provision covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision covenant or condition shall remain in full force and effect.. ARTICLE ELEVEN
Appears in 1 contract
Sources: Exhibit (Sonic Automotive Inc)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 any covenant specified with respect to the Securities of any series of Securities as contemplated by Section 301 if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such seriesseries shall, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 1 contract
Sources: Indenture (Delta Air Lines Inc /De/)
Waiver of Certain Covenants. The Company may omit in any particular instance instance, for any particular series of Securities, to comply with any term, provision or condition set forth in Section 10.5 with respect Sections 1005 to the Securities of any series 1009, inclusive, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding all outstanding Securities of such series, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived waive compliance with such term, provision covenant or condition, but no such waiver shall extend to or affect such term, provision covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 1 contract
Sources: Senior Indenture (Liberty Property Limited Partnership)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section Sections 10.5 to 10.9, inclusive, with respect to the Securities of any series if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such seriesseries shall, by Act act of such Holders, either shall waive such compliance in such instance or generally shall have waived waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 1 contract
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision covenant or condition set forth in Section 10.5 1004 or Section 1005 with respect to the Securities of any series if before the time for such compliance the Holders of at least a majority 66 2/3% in principal amount of the Outstanding Securities of such seriesseries shall, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived compliance with such term, provision covenant or condition, but no such waiver shall extend to or affect such term, provision covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision covenant or condition shall remain in full force and effect.
Appears in 1 contract
Sources: Indenture (J P Morgan Chase & Co)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 with respect to the Securities of any series 5.03 or Sections 4.07 or 4.10, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such seriesoutstanding Notes, by Act of such Holders, either shall waive such compliance in such instance with such term, provision or condition, or generally shall have waived waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision provisions or condition shall remain in full force and effect.
Appears in 1 contract
Sources: Indenture (Cosan Ltd.)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 1005 and 1006 with respect to the Securities of any series if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such seriesseries shall, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 1 contract
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 8.01 or Section 10.07 with respect to the Securities of any series if if, before the time for such compliance compliance, the Holders of at least a majority in principal amount of the Outstanding Securities of such seriesseries shall, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 1 contract
Sources: Indenture (Midamerican Energy Co)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 with respect 803 or Sections 1005 to the Securities of any series 1010, inclusive, or provided pursuant to Section 901(2) if before the time for such compliance the Holders of at least not less than a majority in principal amount of the Outstanding Securities of such seriesSecurities, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 1 contract
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 with respect to the Securities of any series if Sections 1005 through 1011 and 1013 through 1015 if, before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such seriesNotes, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 1 contract
Sources: Indenture (Callon Petroleum Co)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 1005 or 1008 with respect to the Securities of any series if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such seriesseries shall, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 1 contract
Sources: Indenture (Lehman Brothers Inc//)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Section 10.5 with respect to 13.01(b) for the Securities benefit of any series the Holders if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such seriesNotes shall, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 1 contract
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1004 to 1008, inclusive, or Section 10.5 with respect to the Securities of any series 1011 or Section 1012 if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding all outstanding Securities of such series, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived waive compliance with such term, provision covenant or condition, but no such waiver shall extend to or affect such term, provision covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.. ARTICLE ELEVEN
Appears in 1 contract
Sources: Indenture (Semco Capital Trust Iii)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Sections 10.5 through 10.13 and Section 10.5 with respect to the Securities of any series if 10.16 and 10.18 hereof if, before or after the time for such compliance compliance, the Holders of at least a majority in aggregate principal amount of the Outstanding Securities of such seriesSecurities, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 1 contract
Sources: Indenture (Willcox & Gibbs Inc /De)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 [___] with respect to the Securities of any series if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such seriesseries shall, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 1 contract
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 Sections 10.4 to 10.8, inclusive, with respect to the Securities of any series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such seriesseries shall, by Act of such Holders, either shall waive such compliance in such instance instances or generally shall have waived waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, and until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 1 contract
Sources: Indenture (Belo a H Corp)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 1004, with respect to the Securities of any series series, if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such seriesseries shall, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.. -66- 75 ARTICLE ELEVEN
Appears in 1 contract
Sources: Subordinated Debt Securities Indenture (Noble Affiliates Inc)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1004 to 1008, inclusive, or Section 10.5 with respect to the Securities of any series 1011 or Section 1012 if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding all outstanding Securities of such series, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived waive compliance with such term, provision covenant or condition, but no such waiver shall extend to or affect such term, provision covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 1 contract
Sources: Indenture (Semco Capital Trust)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 1004 or 1005 with respect to the Securities of any series if before the time for such compliance the Holders of at least a majority 66 2/3% in principal amount of the Outstanding Securities of such seriesseries shall, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 1 contract
Sources: Indenture (Kimberly Clark Corp)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 with respect to the Securities of any series 5.3 or Sections 4.6 or 4.8, if before or after the time for such compliance the Holders of at least a majority in principal Principal amount of the Outstanding Securities of such seriesNotes, by Act of such Holders, either shall waive such compliance in such instance with such term, provision or condition, or generally shall have waived waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision provisions or condition shall remain in full force and effect.
Appears in 1 contract
Sources: Indenture (BM&FBOVESPA S.A. - Securities, Commodities & Futures Exchange)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 4.6 with respect to the Securities of any series if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 1 contract
Sources: Subordinated Indenture (Aspen Insurance Holdings LTD)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 8.01(3) or Section 10.04 with respect to the Securities of any series if if, before the time for such compliance compliance, the Holders of at least a majority in principal amount of the Outstanding Securities of such seriesseries shall, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 1 contract
Sources: Indenture (Midamerican Energy Co)
Waiver of Certain Covenants. Subject to Section 8.2, The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 with respect to the Securities of any series 9.5, Section 9.7 and Section 9.8 through Section 9.15, inclusive, if before or after the time for such compliance the Holders of at least a majority in aggregate principal amount of the Outstanding Securities of such seriesNotes, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 1 contract
Sources: Indenture (KLX Inc.)
Waiver of Certain Covenants. The Company may may, with respect to any series of Securities, omit in any particular instance to comply with any term, provision or condition which affects such series set forth in Section 10.5 with respect Sections 10.06 to the Securities of any series 10.07, inclusive, if before the time for such compliance the Holders of at least a majority in principal amount of the all Outstanding Securities of such any series, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 1 contract
Sources: Indenture (Cendant Corp)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 9.02 to Section 9.06, inclusive, with respect to the Securities of any series Notes if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such seriesNotes, by Act of such Holders, either shall will waive such compliance in such instance or generally shall will have waived compliance with such term, provision or condition, but no such waiver shall will extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall will become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall will remain in full force and effect.
Appears in 1 contract
Sources: Indenture (Level One Bancorp Inc)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 [10.__] with respect to the Securities of any series if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such seriesseries shall, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 1 contract
Sources: Indenture (SPSS Inc)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision covenant or condition set forth in Section 10.5 with respect to the Securities of any series if Sections 1006 through 1012, 1014 and 1016 through 1018, if, before or after the time for such compliance compliance, the Holders of at least not less than a majority in aggregate principal amount of the Securities at the time Outstanding Securities of such seriesshall, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived compliance with such term, provision or covenantor condition, but no such waiver shall extend to or affect such term, provision covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision covenant or condition shall remain in full force and effect.
Appears in 1 contract
Sources: Indenture (Loehmanns Holdings Inc)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 1005 with respect to the Securities of any series if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such seriesseries shall, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such termtern, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 1 contract
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 1005, or Article Fifteen with respect to the Securities of any series if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such seriesseries shall, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.. ARTICLE ELEVEN
Appears in 1 contract
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 Sections 16.01 through 16.05, inclusive, with respect to the Securities Notes of any series if if, before the time for such compliance compliance, the Holders holders of at least a majority in aggregate principal amount of the Outstanding Securities Notes of such series, by Act of such Holders, series either shall waive such compliance in such instance or generally shall have waived waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 1 contract
Sources: First Supplemental Indenture (Downey Financial Corp)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 Sections 4.13 through 4.19, inclusive, with respect to the Securities of any series Notes if before the time for such compliance the Holders holders of at least a majority 66 2/3% in aggregate principal amount of the Outstanding Securities of such seriesNotes shall, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 1 contract
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 1008 with respect to the Securities of any series if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such seriesseries shall, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.. ARTICLE XI
Appears in 1 contract
Sources: Indenture (Sprint Corp)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 1008 with respect to the Securities of any series if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such seriesseries shall, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 1 contract
Sources: Indenture (Sprint Capital Corp)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with the provisions of any termSupplemental Indenture specified in such Supplemental Indenture, provision or condition set forth in Section 10.5 with respect to the Securities of any series if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such seriesseries shall, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived waive compliance with such term, provision provision, or condition, but no such waiver shall will extend to or affect such term, provision provision, or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision provision, or condition shall will remain in full force and effect.
Appears in 1 contract
Sources: Indenture (Avnet Inc)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 Sections 10.04 to 10.06, inclusive, with respect to the Securities of any series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such seriesseries shall, by Act of such Holders, either shall waive such compliance in such instance instances or generally shall have waived waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, and until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 1 contract
Sources: Indenture (Tribune Co)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 with respect to the Securities of any series 8.3 or Sections 10.7 through 10.22 and Sections 10.24, 10.25 and 10.27 inclusive, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such seriesSecurities, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 1 contract
Sources: Indenture (510152 N B LTD)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision covenant or condition set forth in Section 10.5 with respect to the Securities of any series if Sections 1006 through 1012, 1014 and 1016 through 1020, if, before or after the time for such compliance compliance, the Holders of at least not less than a majority in aggregate principal amount of the Securities at the time Outstanding Securities of such seriesshall, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived compliance with such term, provision covenant or conditionprovision, but no such waiver shall extend to or affect such term, provision covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision covenant or condition shall remain in full force and effect.
Appears in 1 contract
Sources: Indenture (Packard Bioscience Co)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 with respect to the Securities of any series 5.03 or Sections 4.07 or 4.09, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such seriesoutstanding Notes, by Act of such Holders, either shall waive such compliance in such instance with such term, provision or condition, or generally shall have waived waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision provisions or condition shall remain in full force and effect.
Appears in 1 contract
Sources: Indenture (Cosan Ltd.)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 Sections 3.09 to 3.11, inclusive, with respect to the Securities of any series if before the time for such compliance the Holders holders of at least a majority in principal amount of the Outstanding Securities outstanding securities of such seriesseries shall, by Act of such Holdersholders, either shall waive such compliance in such instance or generally shall have waived waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 1 contract
Sources: Indenture (Unifi Inc)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 9.02 to Section 9.04, inclusive, with respect to the Securities of any series Notes, if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such seriesNotes, by Act of such Holders, either shall will waive such compliance in such instance or generally shall will have waived compliance with such term, provision or condition, but no such waiver shall will extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall will become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall will remain in full force and effect.
Appears in 1 contract
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 801, with respect to the Securities of any series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such seriesseries shall, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 1 contract
Sources: Indenture (Eg&g Inc)
Waiver of Certain Covenants. The Company or Guarantor may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 1006 with respect to the Securities of any series if before the time for such compliance the Holders of at least not less than a majority in principal amount of the Outstanding Securities of such seriesseries shall, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, waived and, until such waiver shall become effective, the obligations of the Company and Guarantor and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 1 contract
Sources: Indenture (Nyc Newco Inc)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 Sections 1005 to 1011, inclusive, with respect to the Securities of any series if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such seriesseries shall, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.. ARTICLE ELEVEN
Appears in 1 contract
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Section 10.5 with respect to 13.01(2) for the Securities benefit of any series the Holders if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such seriesNotes shall, by Act of such Holders, either shall waive such compliance in such instance or generally shall have waived waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 1 contract
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 10.5 Sections 3.6 to 3.10, inclusive, with respect to the Securities of any series Series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series, by Act of such Holders, Series shall either shall waive such compliance in such instance or generally shall have waived waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 1 contract
Sources: Indenture (Whirlpool Corp /De/)