With the Consent of the Holders Sample Clauses
With the Consent of the Holders. The Borrower, the Subsidiary Guarantors and the Notes Trustee may amend or supplement the Senior Notes Indenture and the Notes with the consent of the Holders of at least a majority in principal amount of the then outstanding Securities of all series affected by such amendment or supplement (acting as one class); provided, that the Holders of at least a majority in principal amount of the then outstanding Notes may waive compliance in a particular instance by the Borrower or a Subsidiary Guarantor with the Senior Notes Indenture. However, without the consent of each Holder affected, an amendment, supplement or waiver may not:
With the Consent of the Holders. (a) Subject to Section 6.01, the Company and the Trustee (at the direction of the Company) may amend the Indenture (as it relates to the Notes) or the Notes with the written consent of the Holders of at least a majority in principal amount of the Notes then outstanding voting as a single class (including consents obtained in connection with a tender offer or exchange for such Notes). Any existing Default or compliance with any provisions of the Indenture with respect to the Notes may be waived with the consent of the Holders of at least a majority in principal amount of the Notes then outstanding voting as a single class, subject to the restrictions of Section 5.13 of the Base Indenture and this Section 6.02.
(b) It shall not be necessary for the consent of the Holders under this Section to approve the particular form of any proposed amendment, but it shall be sufficient if such consent approves the substance thereof. After an amendment under this Section becomes effective, the Company shall mail or send to Holders a notice briefly describing such amendment. The failure to give such notice to all Holders, or any defect therein, shall not impair or affect the validity of an amendment under this Section.
With the Consent of the Holders. Except as provided below in this Section 9.02, the Issuers, the Parent, the Subsidiary Guarantors and the Trustee may amend or supplement this Indenture (including, without limitation, Sections 3.09, 4.10 and 4.15 hereof), the notes, the Guarantees and the Notes Security Documents with the consent of the Holders of not less than a majority in aggregate principal amount of the notes (including, without limitation, additional notes, if any, but not including outstanding Affiliate Notes) then outstanding voting as a single class (including, in each case, consents obtained in connection with a purchase of, or tender offer or exchange offer for, notes), and, subject to Sections 6.04 and 6.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium on, if any, or interest, if any, on, the notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any other provision of this Indenture, the notes or the Guarantees, or with the Notes Security Documents, may be waived with the consent of the Holders of not less than a majority in aggregate principal amount of the notes then outstanding (including, without limitation, additional notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, notes); provided that (x) if any such amendment or waiver will only affect one series of notes (or less than all series of notes) then outstanding under this Indenture, then only the consent of the Holders of a majority in principal amount of the notes of such series then outstanding (including, in each case, consents obtained in connection with a tender offer or exchange offer for notes) shall be required and (y) if any such amendment or waiver by its terms will affect a series of notes in a manner different and materially adverse relative to the manner such amendment or waiver affects other series of notes, then the consent of the Holders of a majority in principal amount of the notes of such series then outstanding (including, in each case, consents obtained in connection with a tender offer or exchange offer for notes) shall be required. Any amendment to, or waiver of, any provision of this Indenture or any Notes Security Document that has the effect of releasing all or substantially all of the Collateral from the Liens of the notes will require consent o...
With the Consent of the Holders. Except as provided in this Section 9.2, the Note Documents may be amended or supplemented with the consent of Issuer and the Holders of at least a majority in Aggregate Outstanding Principal Amount (including consents obtained in connection with a purchase of, or tender offer or exchange offer for, the Notes), and any existing Default or compliance with any provision of the Note Documents may be waived with the consent of the Holders of at least a majority in Aggregate Outstanding Principal Amount (including consents obtained in connection with purchase of, or tender offer or exchange offer for, the Notes); provided, without the consent of each Holder of the applicable Notes affected thereby, any such amendment, supplement or waiver may not (with respect to any Notes held by a non-consenting Holder):
(1) change the Maturity Date or the Principal Amount of, or any installment of interest on, any Note;
(2) reduce the Principal Amount of, or interest rate with respect to, or premium payable on, any Note;
(3) change the place of payment where, or the currency in which, the Principal Amount of, or interest or premium (if any), on any Note is payable or impair the right to institute suit for the enforcement of any such payment on or after the Maturity Date;
(4) change the date on which any Note may be subject to redemption or reduce the applicable Redemption Price ;
(5) reduce the percentage of the Aggregate Outstanding Principal Amount of Notes whose Holders must consent to an amendment, supplement or waiver;
(6) subordinate, in right of payment, the Notes to any other Indebtedness of any Obligor Party or any of other Person; -77-
(7) waive a Default or Event of Default in the payment of the Principal Amount of, premium (if any), or interest on the Notes (except a rescission of acceleration of the Notes and the consequences thereof by the Holders of at least a majority in Aggregate Outstanding Principal Amount of Notes and a waiver of the payment default that resulted from such acceleration);
(8) waive a redemption payment with respect to any Note (other than a payment required by Section 4.10 or Section 4.14);
(9) make any change in the provisions of this Indenture relating to waivers of past Defaults or Events of Default or the rights of holders of Notes to receive payments of the Principal Amount, premium, if any, and interest on the Notes when due and payable; or
(10) make any change in the preceding amendment and waiver provisions. Notwithstanding anything...