Common use of Waiver of Existing Defaults Clause in Contracts

Waiver of Existing Defaults. (a) The Controlling Party or (if the Controlling Party is the Senior Trustee) the Holders of a majority of the Outstanding Principal Balance of the Senior Class by notice to the Senior Trustee and the Issuer may waive any existing Default hereunder and its consequences, except a Default: (i) in the deposit or distribution of any payment required to be made on any Securities, (ii) in the payment of the interest on, principal of or premium, if any, with respect to any Security or (iii) in respect of a covenant or provision hereof which under Article IX hereof cannot be modified or amended without the consent of the Holder of each Security affected thereby, which (in the case of such Defaults described in clauses (i), (ii) and (iii)) may not be waived. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture, but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Each such notice of waiver shall also be given to each Rating Agency. (b) Any written waiver of a Default or an Event of Default given by the Controlling Party or the Holders to the Trustee and the Issuer in accordance with the terms of this Indenture shall be binding upon the Trustee and the other parties hereto. Unless such writing expressly provides to the contrary, any waiver so granted shall extend only to the specific event or occurrence which gave rise to the Default or Event of Default so waived and not to any other similar event or occurrence which occurs subsequent to the date of such waiver.

Waiver of Existing Defaults. (a) The Controlling Party or (if Senior Trustee, upon the Direction of the Controlling Party is the Senior Trustee) the Holders of a majority of the Outstanding Principal Balance of the Senior Class Party, by written notice to the Senior Trustee and the Issuer may waive any existing Default (or Event of Default) hereunder and its consequences, except a Default (or Event of Default: ) (i) in the deposit or distribution of any payment required to be made on any Securities, (ii) in the payment of the interest on, principal of or premiumand Premium, if any, with respect to on any Security Note or (iiiii) in respect of a covenant or provision hereof which that under Article IX hereof cannot be modified or amended without the consent of the Holder Noteholder of each Security Note affected thereby, which (in the case of such Defaults described in clauses (i), (ii) and (iii)) may not be waived. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture, but no such waiver shall extend to any subsequent or other Default (or Event of Default) or impair any right consequent thereon. Each such notice of waiver shall also be given to each Rating Agency. (b) Any written waiver of a Default or an Event of Default given by the Controlling Party or the Holders Senior Trustee to the Trustee and the Issuer in accordance with the terms of this Indenture shall be binding upon the Senior Trustee and the other parties hereto. Unless such writing expressly provides to the contrary, any waiver so granted shall extend only to the specific event or occurrence which that gave rise to the Default or Event of Default so waived and not to any other similar event or occurrence which that occurs subsequent to the date of such waiver.

Waiver of Existing Defaults. (a) The Controlling Party Trustee or (if the Controlling Party is the Senior Trustee) the Holders of a majority of the aggregate Outstanding Principal Balance of the Senior Class of Notes by notice to the Senior Trustee and the Issuer may waive any existing Default (or Event of Default) hereunder and its consequences, except a Default (or Event of Default: ): (i) in the deposit or distribution of any payment required to be made on any Securities, (ii) in the payment of the interest on, principal of or premiumof, and Premium, if any, with respect to on any Security Note or (iiiii) in respect of a covenant or provision hereof which under Article IX hereof cannot be modified or amended without the consent of the Holder of each Security Note affected thereby, which (in the case of such Defaults described in clauses (i), (ii) and (iii)) may not be waived. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture, but no such waiver shall extend to any subsequent or other Default (or Event of Default) or impair any right consequent thereon. Each such notice of waiver shall also be given to each Rating Agency. (b) Any written waiver of a Default or an Event of Default given by Holders of the Controlling Party or the Holders Notes to the Trustee and the Issuer in accordance with the terms of this Indenture shall be binding upon the Trustee and the other parties hereto. Unless such writing expressly provides to the contrary, any waiver so granted shall extend only to the specific event or occurrence which gave rise to the Default or Event of Default so waived and not to any other similar event or occurrence which occurs subsequent to the date of such waiver.

Waiver of Existing Defaults. (a) The Controlling Party or (if the Controlling Party is the Senior Trustee) , upon the Holders Direction of Noteholders holding a majority of the Outstanding Principal Balance of the Senior Class of Notes, by written notice to the Senior Trustee and the Issuer may waive any existing Default (or Event of Default) hereunder and its consequences, except a Default (or Event of Default: ) (i) in the deposit or distribution of any payment required to be made on any Securities, (ii) in the payment of the interest on, principal of or premiumand Premium, if any, with respect to on any Security Note or (iiiii) in respect of a covenant or provision hereof which that under Article IX hereof cannot be modified or amended without the consent of the Holder Noteholder of each Security Note affected thereby, which (in the case of such Defaults described in clauses (i), (ii) and (iii)) may not be waived. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture, but no such waiver shall extend to any subsequent or other Default (or Event of Default) or impair any right consequent thereon. Each such notice of waiver shall also be given to each Rating Agency. (b) Any written waiver of a Default or an Event of Default given by the Controlling Party or the Holders Senior Trustee to the Trustee and the Issuer in accordance with the terms of this Indenture shall be binding upon the Senior Trustee and the other parties hereto. Unless such writing expressly provides to the contrary, any waiver so granted shall extend only to the specific event or occurrence which that gave rise to the Default or Event of Default so waived and not to any other similar event or occurrence which that occurs subsequent to the date of such waiver.

Waiver of Existing Defaults. (a) The Controlling Party or (if Indenture Trustee acting at the Controlling Party is the Senior Trustee) the Holders of a majority Direction of the Outstanding Principal Balance of the Senior Class by notice to the Senior Trustee and the Issuer Requisite Majority may waive any existing Default or Event of Default hereunder and its consequences, except a Default: (i) in the deposit or distribution of any payment required to be made on any Securities, (ii) in the payment of the interest on, principal of or premium, if any, with respect to any Security or (iii) waiver in respect of a covenant or provision hereof which under Article IX hereof which, pursuant to Section 9.02(a), cannot be modified or amended without the consent of such Persons as are required to amend such covenant or provision in addition to the Holder consent of each Security affected thereby, which the Requisite Majority. (in the case of such Defaults described in clauses (i), (iib) and (iii)) may not be waived. Upon any such waiverwaiver made in accordance with Section 4.04(a), such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Master Indenture, but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Each such notice of waiver shall also be given notified to each Rating Agency. (bc) Any written waiver of a Default or an Event of Default given by Holders of the Controlling Party or the Holders Equipment Notes to the Indenture Trustee and the Issuer in accordance with the terms of this Master Indenture shall be binding upon the Indenture Trustee and the other parties hereto. Unless such writing expressly provides to the contrary, any waiver so granted shall extend only to the specific event or occurrence which gave rise to the Default or Event of Default so waived and not to any other similar event or occurrence which occurs subsequent to the date of such waiver.

Waiver of Existing Defaults. (a) The Controlling Party or (if the Controlling Party is the Senior Trustee) the Holders of a majority of the Outstanding Principal Balance of the Senior Class Notes by notice to the Senior Trustee and the Issuer may waive any existing Default hereunder and its consequences, except no waiver may be given with respect to a Default: (i) in the deposit or distribution of any payment required to be made on any SecuritiesNotes, (ii) in the payment of the interest on, principal of or premium, if any, with respect to any Security Note or (iii) in respect of a covenant or provision hereof which under Article IX hereof cannot be modified or amended without the consent of the Holder of each Security Note affected thereby, which (in the case of such Defaults described in clauses (i), (ii) and (iii)) may not be waived. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture, but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Each such notice of waiver shall also be given to each Rating Agency. (b) Any written waiver of a Default or an Event of Default given by the Controlling Party or the Holders to the Trustee and the Issuer in accordance with the terms of this Indenture shall be binding upon the Trustee and the other parties hereto. Unless such writing expressly provides to the contrary, any waiver so granted shall extend only to the specific event or occurrence which gave rise to the Default or Event of Default so waived and not to any other similar event or occurrence which occurs subsequent to the date of such waiver.

Waiver of Existing Defaults. (a) The Controlling Party Senior Trustee or (if the Controlling Party is the Senior Trustee) the Holders of a majority of the Outstanding Principal Balance of the Senior Class of Notes by notice to the Senior Trustee and the Issuer may waive any existing Default hereunder and its consequences, except a Default: (i) in the deposit or distribution of any payment required to be made on any SecuritiesNotes, (ii) in the payment of the interest on, principal of or premiumPremium, if any, with respect to on any Security Note or (iii) in respect of a covenant or provision hereof which under Article IX hereof cannot be modified or amended without the consent of the Holder of each Security Note affected thereby, which (in the case of such Defaults described in clauses (i), (ii) and (iii)) may not be waived. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture, but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Each such notice of waiver shall also be given notified to each Rating Agency. (b) Any written waiver of a Default or an Event of Default given by Holders of the Controlling Party or the Holders Notes to the Trustee and the Issuer in accordance with the terms of this Indenture shall be binding upon the Trustee and the other parties hereto. Unless such writing expressly provides to the contrary, any waiver so granted shall extend only to the specific event or occurrence which gave rise to the Default or Event of Default so waived and not to any other similar event or occurrence which occurs subsequent to the date of such waiver.

Waiver of Existing Defaults. (a) The Controlling Party or (if the Controlling Party is the Senior Trustee) , upon the Holders Direction of Noteholders holding a majority of the Outstanding Principal Balance of the Senior Class of Notes, by written notice to the Senior Trustee and the Issuer may shall waive any existing Default (or Event of Default) hereunder and its consequences, except a Default (or Event of Default: ) (i) in the deposit or distribution of any payment required to be made on any Securities, (ii) in the payment of the interest on, principal of or premiumand Premium, if any, with respect to on any Security Note or (iiiii) in respect of a covenant or provision hereof which that under Article IX hereof cannot be modified or amended without the consent of the Holder Noteholder of each Security Note affected thereby, which (in the case of such Defaults described in clauses (i), (ii) and (iii)) may not be waived. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture, but no such waiver shall extend to any subsequent or other Default (or Event of Default) or impair any right consequent thereon. Each such notice of waiver shall also be given to each Rating Agency. (b) Any written waiver of a Default or an Event of Default given by the Controlling Party or the Holders Senior Trustee to the Trustee and the Issuer in accordance with the terms of this Indenture shall be binding upon the Senior Trustee and the other parties hereto. Unless such writing expressly provides to the contrary, any waiver so granted shall extend only to the specific event or occurrence which that gave rise to the Default or Event of Default so waived and not to any other similar event or occurrence which that occurs subsequent to the date of such waiver.

Waiver of Existing Defaults. (a) The Controlling Party or (if the Controlling Party is the Senior Trustee) , upon the Holders Direction of Noteholders of a majority of the Outstanding Principal Balance of the Senior Class of Notes, by written notice to the Senior Trustee and the Issuer may waive any existing Default (or Event of Default) hereunder and its consequences, except a Default (or Event of Default: ) (i) in the deposit or distribution of any payment required to be made on any Securities, (ii) in the payment of the interest on, principal of or premiumof, and Premium, if any, with respect to on any Security Note or (iiiii) in respect of a covenant or provision hereof which that under Article IX hereof cannot be modified or amended without the consent of the Holder Noteholder of each Security Note affected thereby, which (in the case of such Defaults described in clauses (i), (ii) and (iii)) may not be waived. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture, but no such waiver shall extend to any subsequent or other Default (or Event of Default) or impair any right consequent thereon. Each such notice of waiver shall also be given to each Rating Agency. (b) Any written waiver of a Default or an Event of Default given by the Controlling Party or the Holders Senior Trustee to the Trustee and the Issuer in accordance with the terms of this Indenture shall be binding upon the Senior Trustee and the other parties hereto. Unless such writing expressly provides to the contrary, any waiver so granted shall extend only to the specific event or occurrence which that gave rise to the Default or Event of Default so waived and not to any other similar event or occurrence which that occurs subsequent to the date of such waiver.

Waiver of Existing Defaults. (a) The Controlling Party or (if Indenture Trustee acting at the Controlling Party is the Senior Trustee) the Holders of a majority Direction of the Outstanding Principal Balance of the Senior Class by notice to the Senior Trustee and the Issuer may Requisite Majority shall waive any existing Default or Event of Default hereunder and its consequences, except a Default: (i) in the deposit or distribution of any payment required to be made on any Securities, (ii) in the payment of the interest on, principal of or premium, if any, with respect to any Security or (iii) waiver in respect of a covenant or provision hereof which under Article IX hereof which, pursuant to Section 9.02(a), cannot be modified or amended without the consent of such Persons as are required to amend such covenant or provision in addition to the Holder consent of each Security affected thereby, which the Requisite Majority. (in the case of such Defaults described in clauses (i), (iib) and (iii)) may not be waived. Upon any such waiverwaiver made in accordance with Section 4.04(a), such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Master Indenture, but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Each such notice of waiver shall also be given notified to each Rating Agency. (bc) Any written waiver of a Default or an Event of Default given by Holders of the Controlling Party or the Holders Securities to the Indenture Trustee and the Issuer in accordance with the terms of this Master Indenture shall be binding upon the Indenture Trustee and the other parties hereto. Unless such writing expressly provides to the contrary, any waiver so granted shall extend only to the specific event or occurrence which gave rise to the Default or Event of Default so waived and not to any other similar event or occurrence which occurs subsequent to the date of such waiver.

Waiver of Existing Defaults. (a) The Controlling Party or (if the Controlling Party is the Senior Trustee) the Holders of a majority of the Outstanding Principal Balance of the Senior Class by notice to the Senior Trustee and the Issuer may waive any existing Default hereunder and its consequences, except no waiver may be given with respect to a Default: (i) in the deposit or distribution of any payment required to be made on any SecuritiesNotes, (ii) in the payment of the interest on, principal of or premium, if any, with respect to any Security Note or (iii) in respect of a covenant or provision hereof which under Article IX hereof cannot be modified or amended without the consent of the Holder of each Security Note affected thereby, which (in the case of such Defaults described in clauses (i), (ii) and (iii)) may not be waived. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture, but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Each such notice of waiver shall also be given to each Rating Agency. (b) Any written waiver of a Default or an Event of Default given by the Controlling Party or the Holders to the Senior Trustee and the Issuer in accordance with the terms of this Indenture shall be binding upon the Trustee and the other parties hereto. Unless such writing expressly provides to the contrary, any waiver so granted shall extend only to the specific event or occurrence which gave rise to the Default or Event of Default so waived and not to any other similar event or occurrence which occurs subsequent to the date of such waiver.

Waiver of Existing Defaults. Holders, either (ai) The Controlling Party through the written consent (or (if as otherwise in accordance with the Controlling Party is the Senior TrusteeApplicable Procedures) of the Holders of at least a majority in aggregate Principal Amount of the Outstanding Principal Balance of the Senior Class then outstanding Notes by notice to the Senior Trustee and the Issuer may waive any existing Default hereunder and its consequences, except a Default: (i) in the deposit or distribution of any payment required to be made on any Securities, (ii) by the adoption of a written resolution, at a meeting of Holders of the outstanding Notes at which a quorum is present, by the Holders of at least a majority in Principal Amount of the outstanding Notes represented at such meeting, may on behalf of the Holders of all of the Notes waive an existing Default or Event of Default and its consequences hereunder, except (x) a continuing Default or Event of Default in the payment of the interest onPrincipal Amount of, principal of or premium, if any, with or interest on, the Notes (whether at Stated Maturity, a Redemption Date, a Fundamental Change Repurchase Date, a Five Year Repurchase Date or otherwise); (y) in respect of the failure to any Security convert the Notes; or (iiiz) in respect of a covenant or provision hereof which under Article IX hereof 9 cannot be modified or amended without the consent of the each Holder of each Security outstanding Note affected thereby(provided, which (however, that the Holders of a majority in aggregate Principal Amount of the case of then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such Defaults described in clauses (iacceleration), (ii) and (iii)) may not be waived. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture, ; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Each such notice of waiver shall also be given to each Rating Agency. (b) Any written waiver of a Default or an Event of Default given by the Controlling Party or the Holders to the Trustee and the Issuer in accordance with the terms of this Indenture shall be binding upon the Trustee and the other parties hereto. Unless such writing expressly provides to the contrary, any waiver so granted shall extend only to the specific event or occurrence which gave rise to the Default or Event of Default so waived and not to any other similar event or occurrence which occurs subsequent to the date of such waiver.

Waiver of Existing Defaults. (a) The Controlling Party or (if Indenture Trustee acting at the Controlling Party is the Senior Trustee) the Holders of a majority Direction of the Outstanding Principal Balance of the Senior Class by notice to the Senior Trustee and the Issuer may Requisite Majority shall waive any existing Default or Event of Default hereunder and its consequences, except a Default: (i) in the deposit or distribution of any payment required to be made on any Securities, (ii) in the payment of the interest on, principal of or premium, if any, with respect to any Security or (iii) waiver in respect of a covenant or provision hereof which under Article IX hereof which, pursuant to Section 9.02(a), cannot be modified or amended without the consent of such Persons as are required to amend such covenant or provision in addition to the Holder consent of each Security affected thereby, which the Requisite Majority. (in the case of such Defaults described in clauses (i), (iib) and (iii)) may not be waived. Upon any such waiverwaiver made in accordance with Section 4.04(a), such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Master Indenture, but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Each such notice of waiver shall also be given notified to each Rating Agency. (bc) Any written waiver of a Default or an Event of Default given by Noteholders of the Controlling Party or the Holders Notes to the Indenture Trustee and the Issuer in accordance with the terms of this Master Indenture shall be binding upon the Indenture Trustee and the other parties hereto. Unless such writing expressly provides to the contrary, any waiver so granted shall extend only to the specific event or occurrence which gave rise to the Default or Event of Default so waived and not to any other similar event or occurrence which occurs subsequent to the date of such waiver.

Waiver of Existing Defaults. (a) The Controlling Party or (if the Controlling Party is the Senior Trustee) , upon the Holders Direction of Noteholders of a majority of the Outstanding Principal Balance of the Senior Class of Notes, by written notice to the Senior Trustee and the Issuer may waive any existing Default (or Event of Default) hereunder and its consequences, except a Default (or Event of Default: ) (i) in the deposit or distribution of any payment required to be made on any Securities, (ii) in the payment of the interest on, principal of or premiumand Premium, if any, with respect to on any Security Note or (iiiii) in respect of a covenant or provision hereof which that under Article IX hereof cannot be modified or amended without the consent of the Holder Noteholder of each Security Note affected thereby, which (in the case of such Defaults described in clauses (i), (ii) and (iii)) may not be waived. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture, but no such waiver shall extend to any subsequent or other Default (or Event of Default) or impair any right consequent thereon. Each such notice of waiver shall also be given to each Rating Agency. (b) Any written waiver of a Default or an Event of Default given by the Controlling Party or the Holders Senior Trustee to the Trustee and the Issuer in accordance with the terms of this Indenture shall be binding upon the Senior Trustee and the other parties hereto. Unless such writing expressly provides to the contrary, any waiver so granted shall extend only to the specific event or occurrence which that gave rise to the Default or Event of Default so waived and not to any other similar event or occurrence which that occurs subsequent to the date of such waiver.

Waiver of Existing Defaults. (a) The Controlling Party or (if Indenture Trustee acting at the Controlling Party is the Senior Trustee) the Holders of a majority Direction of the Outstanding Principal Balance of the Senior Class by notice to the Senior Trustee and the Issuer Requisite Majority may waive any existing Default or Event of Default hereunder and its consequences, except a Default: (i) in the deposit or distribution of any payment required to be made on any Securities, (ii) in the payment of the interest on, principal of or premium, if any, with respect to any Security or (iii) waiver in respect of a covenant or provision hereof which under Article IX hereof which, pursuant to Section 9.02(a), cannot be modified or amended without the consent of such Persons as are required to amend such covenant or provision in addition to the Holder consent of each Security affected thereby, which the Requisite Majority. (in the case of such Defaults described in clauses (i), (iib) and (iii)) may not be waived. Upon any such waiverwaiver made in accordance with Section 4.04(a), such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture, but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Each such notice of waiver shall also be given notified to each Rating Agency. (bc) Any written waiver of a Default or an Event of Default given by Holders of the Controlling Party or the Holders Equipment Notes to the Indenture Trustee and the Issuer in accordance with the terms of this Indenture shall be binding upon the Indenture Trustee and the other parties hereto. Unless such writing expressly provides to the contrary, any waiver so granted shall extend only to the specific event or occurrence which gave rise to the Default or Event of Default so waived and not to any other similar event or occurrence which occurs subsequent to the date of such waiver.

Waiver of Existing Defaults. (a) The Controlling Party or (if Indenture Trustee acting at the Controlling Party is the Senior Trustee) the Holders of a majority Direction of the Outstanding Principal Balance of the Senior Class by notice to the Senior Trustee and the Issuer Requisite Majority may waive any existing Default or Event of Default hereunder and its consequences, except a Default: (i) in the deposit or distribution of any payment required to be made on any Securities, (ii) in the payment of the interest on, principal of or premium, if any, with respect to any Security or (iii) waiver in respect of a covenant or provision hereof which under Article IX hereof which, pursuant to Section 9.02(a), cannot be modified or amended without the consent of such Persons as are required to amend such covenant or provision in addition to the Holder consent of each Security affected thereby, which the Requisite Majority. (in the case of such Defaults described in clauses (i), (iib) and (iii)) may not be waived. Upon any such waiverwaiver made in accordance with Section 4.04(a), such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture, but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Each such notice of waiver shall also be given notified to each the Rating Agency. (bc) Any written waiver of a Default or an Event of Default given by Holders of the Controlling Party or the Holders Equipment Notes to the Indenture Trustee and the Issuer in accordance with the terms of this Indenture shall be binding upon the Indenture Trustee and the other parties hereto. Unless such writing expressly provides to the contrary, any waiver so granted shall extend only to the specific event or occurrence which gave rise to the Default or Event of Default so waived and not to any other similar event or occurrence which occurs subsequent to the date of such waiver.

Waiver of Existing Defaults. (a) The Controlling Party Senior Trustee or (if the Controlling Party is the Senior Trustee) the Holders Noteholders of a majority of the Outstanding Principal Balance of the Senior Class of Notes by written notice to the Senior Trustee and the Issuer may waive any existing Default (or Event of Default) hereunder and its consequences, except a Default (or Event of Default: ) (i) in the deposit or distribution of any payment required to be made on any Securities, (ii) in the payment of the interest on, principal of or premiumof, and Premium, if any, with respect to on any Security Note or (iiiii) in respect of a covenant or provision hereof which under Article IX hereof cannot be modified or amended without the consent of the Holder Noteholder of each Security Note affected thereby, which (in the case of such Defaults described in clauses (i), (ii) and (iii)) may not be waived. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture, but no such waiver shall extend to any subsequent or other Default (or Event of Default) or impair any right consequent thereon. Each such notice of waiver shall also be given to each Rating Agency. (b) Any written waiver of a Default or an Event of Default given by the Controlling Party or the Holders Noteholders to the Senior Trustee and the Issuer Royalty Sub in accordance with the terms of this Indenture shall be binding upon the Senior Trustee and the other parties hereto. Unless such writing expressly provides to the contrary, any waiver so granted shall extend only to the specific event or occurrence which gave rise to the Default or Event of Default so waived and not to any other similar event or occurrence which occurs subsequent to the date of such waiver.

Waiver of Existing Defaults. (a) The Controlling Party or (if the Controlling Party is the Senior Trustee) , upon the Holders Direction of Noteholders holding a majority of the Outstanding Principal Balance of the Senior Class of Notes, by written notice to the Senior Trustee and the Issuer may waive any existing Default (or Event of Default) hereunder and its consequences, except a Default (or Event of Default: ) (i) in the deposit or distribution of any payment required to be made on any Securities, (ii) in the payment of the interest on, principal of or premiumand Premium, if any, with respect to on any Security Note or (iiiii) in respect of a covenant or provision hereof which that under Article IX hereof cannot be modified or amended without the consent of the Holder Noteholder of each Security Note affected thereby, which thereby (in unless the case Direction of such Defaults described in clauses (irequisite Noteholders has been obtained), (ii) and (iii)) may not be waived. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture, but no such waiver shall extend to any subsequent or other Default (or Event of Default) or impair any right consequent thereon. Each such notice of waiver shall also be given to each Rating Agency. (b) Any written waiver of a Default or an Event of Default given by the Controlling Party or the Holders Senior Trustee to the Trustee and the Issuer in accordance with the terms of this Indenture shall be binding upon the Senior Trustee and the other parties hereto. Unless such writing expressly provides to the contrary, any waiver so granted shall extend only to the specific event or occurrence which that gave rise to the Default or Event of Default so waived and not to any other similar event or occurrence which that occurs subsequent to the date of such waiver.

Waiver of Existing Defaults. (a) The Controlling Party Senior Trustee or (if the Controlling Party is the Senior Trustee) the Holders Noteholders of a majority of the Outstanding Principal Balance of the Senior Class of Notes by written notice to the Senior Trustee and the Issuer may waive any existing Default (or Event of Default) hereunder and its consequences, except a Default (or Event of Default: ) (i) in the deposit or distribution of any payment required to be made on any Securities, (ii) in the payment of the interest on, principal of or premiumof, and Premium, if any, with respect to on any Security Note or (iiiii) in respect of a covenant or provision hereof which that under Article IX hereof cannot be modified or amended without the consent of the Holder Noteholder of each Security Note affected thereby, which (in the case of such Defaults described in clauses (i), (ii) and (iii)) may not be waived. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture, but no such waiver shall extend to any subsequent or other Default (or Event of Default) or impair any right consequent thereon. Each such notice of waiver shall also be given to each Rating Agency. (b) Any written waiver of a Default or an Event of Default given by the Controlling Party or the Holders Noteholders to the Senior Trustee and the Issuer in accordance with the terms of this Indenture shall be binding upon the Senior Trustee and the other parties hereto. Unless such writing expressly provides to the contrary, any waiver so granted shall extend only to the specific event or occurrence which that gave rise to the Default or Event of Default so waived and not to any other similar event or occurrence which that occurs subsequent to the date of such waiver.

Waiver of Existing Defaults. (a) The Controlling Party or (if Indenture Trustee acting at the Controlling Party is the Senior Trustee) the Holders of a majority Direction of the Outstanding Principal Balance of the Senior Class by notice to the Senior Trustee and the Issuer may Requisite Majority shall waive any existing Default or Event of Default hereunder and its consequences, except a Default: (i) in the deposit or distribution of any payment required to be made on any Securities, (ii) in the payment of the interest on, principal of or premium, if any, with respect to any Security or (iii) waiver in respect of a covenant or provision hereof which under Article IX hereof which, pursuant to Section 9.02(a), cannot be modified or amended without the consent of such Persons as are required to amend such covenant or provision in addition to the Holder consent of each Security affected thereby, which the Requisite Majority. (in the case of such Defaults described in clauses (i), (iib) and (iii)) may not be waived. Upon any such waiverwaiver made in accordance with Section 4.04(a), such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Master Indenture, but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Each such notice of waiver shall also be given notified to each the Rating Agency. (bc) Any written waiver of a Default or an Event of Default given by Holders of the Controlling Party or the Holders Securities to the Indenture Trustee and the Issuer in accordance with the terms of this Master Indenture shall be binding upon the Indenture Trustee and the other parties hereto. Unless such writing expressly provides to the contrary, any waiver so granted shall extend only to the specific event or occurrence which gave rise to the Default or Event of Default so waived and not to any other similar event or occurrence which occurs subsequent to the date of such waiver.

Waiver of Existing Defaults. (a) The Controlling Party Senior Trustee or (if the Controlling Party is the Senior Trustee) the Holders Noteholders of a majority of the Outstanding Principal Balance of the Senior Class of Notes by written notice to the Senior Trustee and the Issuer may waive any existing Default (or Event of Default) hereunder and its consequences, except a Default (or Event of Default: ) (i) in the deposit or distribution of any payment required to be made on any Securities, (ii) in the payment of the interest on, principal of or premiumof, and Premium, if any, with respect to on any Security Note or (iiiii) in respect of a covenant or provision hereof which under Article IX hereof cannot be modified or amended without the consent of the Holder Noteholder of each Security Note affected thereby, which (in the case of such Defaults described in clauses (i), (ii) and (iii)) may not be waived. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture, but no such waiver shall extend to any subsequent or other Default (or Event of Default) or impair any right consequent thereon. Each such notice of waiver shall also be given to each Rating Agency. (b) Any written waiver of a Default or an Event of Default given by the Controlling Party or the Holders Noteholders to the Senior Trustee and the Issuer in accordance with the terms of this Indenture shall be binding upon the Senior Trustee and the other parties hereto. Unless such writing expressly provides to the contrary, any waiver so granted shall extend only to the specific event or occurrence which gave rise to the Default or Event of Default so waived and not to any other similar event or occurrence which occurs subsequent to the date of such waiver.

Waiver of Existing Defaults. (a) The Controlling Party or (if Indenture Trustee acting at the Controlling Party is the Senior Trustee) the Holders of a majority Direction of the Outstanding Principal Balance of the Senior Class by notice to the Senior Trustee and the Issuer may Requisite Majority shall waive any existing Default or Event of Default hereunder and its consequences, except a Default: (i) in the deposit or distribution of any payment required to be made on any Securities, (ii) in the payment of the interest on, principal of or premium, if any, with respect to any Security or (iii) waiver in respect of a covenant or provision hereof which under Article IX hereof which, pursuant to Section 9.02(a), cannot be modified or amended without the consent of such Persons as are required to amend such covenant or provision in addition to the Holder consent of each Security affected thereby, which the Requisite Majority. (in the case of such Defaults described in clauses (i), (iib) and (iii)) may not be waived. Upon any such waiverwaiver made in accordance with Section 4.04(a), such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Master Indenture, but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Each such notice of waiver shall also be given notified to each the Rating Agency. (bc) Any written waiver of a Default or an Event of Default given by Noteholders of the Controlling Party or the Holders Notes to the Indenture Trustee and the Issuer in accordance with the terms of this Master Indenture shall be binding upon the Indenture Trustee and the other parties hereto. Unless such writing expressly provides to the contrary, any waiver so granted shall extend only to the specific event or occurrence which gave rise to the Default or Event of Default so waived and not to any other similar event or occurrence which occurs subsequent to the date of such waiver.

Waiver of Existing Defaults. (a) The Controlling Party or (if Indenture Trustee acting at the Controlling Party is the Senior Trustee) the Holders of a majority Direction of the Outstanding Principal Balance of the Senior Class by notice to the Senior Trustee and the Issuer Requisite Majority may waive any existing Default or Event of Default hereunder and its consequences, except a Default: (i) in the deposit or distribution of any payment required to be made on any Securities, (ii) in the payment of the interest on, principal of or premium, if any, with respect to any Security or (iii) waiver in respect of a covenant or provision hereof which under Article IX hereof which, pursuant to Section 9.02(a), cannot be modified or amended without the consent of such Persons as are required to amend such covenant or provision in addition to the Holder consent of each Security affected thereby, which the Requisite Majority. (in the case of such Defaults described in clauses (i), (iib) and (iii)) may not be waived. Upon any such waiverwaiver made in accordance with Section 4.04(a), such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Master Indenture, but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Each such notice of waiver shall also be given notified to each Rating Agency. (bc) Any written waiver of a Default or an Event of Default given by Noteholders of the Controlling Party or the Holders Equipment Notes to the Indenture Trustee and the Issuer in accordance with the terms of this Master Indenture shall be binding upon the Indenture Trustee and the other parties hereto. Unless such writing expressly provides to the contrary, any waiver so granted shall extend only to the specific event or occurrence which gave rise to the Default or Event of Default so waived and not to any other similar event or occurrence which occurs subsequent to the date of such waiver.

Waiver of Existing Defaults. (a) The Controlling Party or (if the Controlling Party is the Senior Trustee) the Holders of a majority in --------------------------- aggregate principal amount at Stated Maturity of the Outstanding Principal Balance of the Senior Class Convertible Notes then outstanding by notice to the Senior Trustee and may on behalf of the Issuer may Holders of all the Convertible Notes waive any existing Default hereunder or Event of Default and its consequences, consequences under this Indenture except (a) a Default: (i) in the deposit continuing Default or distribution Event of any payment required to be made on any Securities, (ii) Default in the payment of the interest (and Special Interest, if any) on, principal of or premium, if any, with respect to any Security on or the principal of, the Convertible Notes, (iiib) in respect of a covenant or provision hereof which under Article IX Section 9.02 hereof cannot be modified or amended without the consent of the Holder of each Security outstanding Note affected therebyor (c) in respect of the right to require the Company to issue Convertible Note Contingent Warrants pursuant to Section 4.13 hereof or the issuance of Additional Warrants pursuant to Section 4.15 hereof, which (in the case of such Defaults described in clauses (i), (ii) and (iii)) may rights under Section 9.02 hereof cannot be waivedwaived without the consent of Holders of not less than 75 percent in aggregate principal amount at Stated Maturity of the outstanding Convertible Notes. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture, ; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Each such notice of waiver shall also be given to each Rating Agency. (b) Any written waiver of a Default or an Event of Default given by the Controlling Party or the Holders to the Trustee and the Issuer in accordance with the terms of this Indenture shall be binding upon the Trustee and the other parties hereto. Unless such writing expressly provides to the contrary, any waiver so granted shall extend only to the specific event or occurrence which gave rise to the Default or Event of Default so waived and not to any other similar event or occurrence which occurs subsequent to the date of such waiver.

Waiver of Existing Defaults. (a) The Controlling Party or (if Trustee, upon the Controlling Party is the Senior Trustee) the Holders Direction of Noteholders holding a majority of the Outstanding Principal Balance of the Senior Class Notes, by written notice to the Senior Trustee and the Issuer may waive any existing Default (or Event of Default) hereunder and its consequences, except a Default (or Event of Default: ) (i) in the deposit or distribution of any payment required to be made on any Securities, (ii) in the payment of the interest on, principal of or premiumand Premium, if any, with respect to on any Security Note or (iiiii) in respect of a covenant or provision hereof which that under Article IX hereof cannot be modified or amended without the consent of the Holder Noteholder of each Security Note affected thereby, which thereby (in unless the case Direction of such Defaults described in clauses (irequisite Noteholders has been obtained), (ii) and (iii)) may not be waived. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture, but no such waiver shall extend to any subsequent or other Default (or Event of Default) or impair any right consequent thereon. Each such notice of waiver shall also be given to each Rating Agency. (b) Any written waiver of a Default or an Event of Default given by the Controlling Party or the Holders Trustee to the Trustee and the Issuer in accordance with the terms of this Indenture shall be binding upon the Trustee and the other parties hereto. Unless such writing expressly provides to the contrary, any waiver so granted shall extend only to the specific event or occurrence which that gave rise to the Default or Event of Default so waived and not to any other similar event or occurrence which that occurs subsequent to the date of such waiver.