Common use of Without Consent of Holders of Notes Clause in Contracts

Without Consent of Holders of Notes. Notwithstanding Section 9.02 of this Indenture, the Company, the Guarantors and the Trustee may amend or supplement this Indenture or the Notes without the consent of any Holder of a Note: (a) to cure any ambiguity, defect or inconsistency; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes; (c) to provide for the assumption of the Company's obligations to the Holders of the Notes pursuant to Article 5 hereof; (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (e) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder of any Holder of the Note; (f) to comply with Article 10 hereof; or (g) to comply with requirements of the SEC in order to effect or maintain the qualification of this Indenture under the TIA. Upon the request of the Company accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental indenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof, the Trustee shall join with the Company and the Guarantors in the execution of any amended or supplemental indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

Appears in 5 contracts

Sources: Indenture (Pumpkin Air Inc), Indenture (Saevik Shipping As), Indenture (Trico Marine Services Inc)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 of this Indenture, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture or the Notes without the consent of any Holder of a NoteNotes: (a1) to cure any ambiguity, defect or inconsistency; (b2) to provide for uncertificated Notes in addition to or in place of certificated Notes; (c3) to provide for the assumption of the Company's obligations to the Holders of the Notes by a successor to the Company pursuant to Article 5 hereof; (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (e4) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder of any Holder of the Note; (f) to comply with Article 10 hereofNotes; or (g5) to comply with requirements of the SEC in order to effect or maintain the qualification of this Indenture under the TIA. Upon the request of the Company accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental indentureIndenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof, the Trustee shall join with the Company and the Guarantors in the execution of any amended or supplemental indenture Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

Appears in 4 contracts

Sources: Indenture (Crown Castle International Corp), Indenture (Crown Castle International Corp), Indenture (Crown Castle International Corp)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 of this Indenture, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture or the Notes without the consent of any Holder of a Note: (a) to cure any ambiguity, defect or inconsistency; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes; (c) to provide for the assumption of the Company's obligations to the Holders of the Notes in the case of a merger or consolidation pursuant to Article 5 hereof; (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (e) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder of any Holder of the Note; (f) to comply with Article 10 hereof; or (ge) to comply with requirements of the SEC in order to effect or maintain the qualification of this Indenture under the TIA. Upon the request of the Company accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental indentureIndenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof, the Trustee shall join with the Company and the Guarantors in the execution of any amended or supplemental indenture Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

Appears in 3 contracts

Sources: Indenture (L 3 Communications Corp), Indenture (Eer Systems Inc), Indenture (Microdyne Corp)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 9.2 of this Indenture, the Company, the Guarantors and the Trustee may amend or supplement this Indenture Indenture, the Notes or the Notes Security Documents without the consent of any Holder of a Note: (a) to cure any ambiguity, defect or inconsistency; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes; (c) to provide for the assumption of the Company's obligations to the Holders of the Notes in the case of a merger or consolidation pursuant to Article 5 hereof; (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (e) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder of any Holder of the Note; (fe) to comply with Article 10 Section 10.3 hereof; or (gf) to comply with requirements of the SEC in order to effect or maintain the qualification of this Indenture under the TIA. Upon the request of the Company and the Guarantors accompanied by a resolution resolutions of its Board the Boards of Directors of the Company and the Guarantors authorizing the execution of any such amended or supplemental indenture, and upon receipt by the Trustee of the documents described in Section 7.02 7.2 hereof, the Trustee shall join with the Company and the Guarantors in the execution of any amended or supplemental indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

Appears in 3 contracts

Sources: Indenture (Wheeling Pittsburgh Corp /De/), Indenture (Wheeling Pittsburgh Steel Corp /De), Indenture (Wheeling Pittsburgh Corp /De/)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 of this Indenture, the Company, the Guarantors Issuers and the Trustee may amend or supplement this Indenture or the Notes without the consent of any Holder of a Note: (a) to cure any ambiguity, defect or inconsistency; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes; (c) to provide for the assumption of the Companyeither Issuer's obligations to the Holders of Notes in the Notes case of a merger or consolidation or sale of all or substantially all of the assets of such Issuer pursuant to Article 5 hereof5; (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (e) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder under this Indenture of any Holder of the Note; (f) to comply with Article 10 hereofHolder; or (ge) to comply with requirements of the SEC in order to effect or maintain the qualification of this Indenture under the TIATIA or otherwise as necessary to comply with applicable law. Upon the request of the Company Issuers accompanied by a resolution of its Board their respective Boards of Directors authorizing the execution of any such amended or supplemental indentureIndenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof7.02, the Trustee shall join with the Company and the Guarantors Issuers in the execution of any amended or supplemental indenture Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

Appears in 2 contracts

Sources: Indenture (Charter Communications Inc /Mo/), Indenture (Charter Communications Inc /Mo/)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 of this Indenture, the The Company, the Guarantors (as applicable) and the Trustee may amend or supplement this Indenture or the Notes without notice to or the consent of any Holder of a NoteHolder: (ai) to cure any ambiguityambiguities, defect defects, or inconsistency;inconsistencies in this Indenture; (bii) to provide for uncertificated Notes in addition and to or in place of certificated Notes;make all appropriate changes for such purpose; (ciii) to provide for the assumption of the Company's obligations to the Holders of the Notes pursuant to comply with Article 5 hereof;[SUCCESSORS]; (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (eiv) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not materially adversely affect the legal rights hereunder under this Indenture of any Holder of the Notesuch Holder; (fv) to comply conform the text of this Indenture or the Notes to any provision of the “Description of the Notes” section of the Offering Memorandum; (vi) to evidence and provide for the acceptance and appointment under this Indenture of a successor Trustee pursuant to the requirements hereof; (vii) to provide for the issuance of Additional Notes and other Notes in accordance with Article 10 the limitations set forth in this Indenture as of the date hereof; (viii) to allow any Guarantor to execute a supplemental indenture and/or a Subsidiary Guarantee with respect to the Notes; (ix) to add collateral with respect to any or all of the Notes; or (gx) to comply with requirements of the SEC in order to effect or maintain the qualification of this Indenture under the TIA. Upon the request of the Company accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental indenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof, the Trustee shall join with the Company and the Guarantors in the execution of any amended or supplemental indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

Appears in 2 contracts

Sources: Indenture (Rollins Inc), Indenture (Rollins Inc)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 of this Indenture, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture or the Notes without the consent of any Holder of a Note: (a) to cure any ambiguity, defect or inconsistency; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes; (c) to provide for the assumption of the Company's obligations to the Holders of Notes in the Notes case of a merger or consolidation or sale of all or substantially all of the Company's assets pursuant to Article 5 hereof; (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (e) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder under this Indenture of any Holder of the Note; (f) to comply with Article 10 hereofsuch Holder; or (ge) to comply with requirements of the SEC in order to effect or maintain the qualification of this Indenture under the TIA. Upon the request of the Company accompanied by a resolution of its Board of Directors Resolution authorizing the execution of any such amended or supplemental indentureIndenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof, the Trustee shall join with the Company and the Guarantors in the execution of any amended or supplemental indenture Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

Appears in 2 contracts

Sources: Indenture (360networks Inc), Indenture (360networks Inc)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 of this Indenture, the Company, the Guarantors Issuers and the Trustee may amend or supplement this Indenture or the Notes without the consent of any Holder of a Note: (a1) to cure any ambiguity, defect or inconsistency; (b2) to provide for uncertificated Notes in addition to or in place of certificated Notes; (c3) to provide for or confirm the issuance of Additional Notes; (4) to provide for the assumption of the Companyeither Issuer's obligations to the Holders of Notes in the Notes case of a merger or consolidation or sale of all or substantially all of the assets of such Issuer pursuant to Article 5 hereof5; (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (e5) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder under this Indenture of any Holder of the Note; (f) to comply with Article 10 hereofHolder; or (g6) to comply with requirements of the SEC in order to effect or maintain the qualification of this Indenture under the TIATIA or otherwise as necessary to comply with applicable law. Upon the request of the Company Issuers accompanied by a resolution of its their respective boards of directors or the Board of Directors of CCI authorizing the execution of any such amended or supplemental indentureIndenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof7.02, the Trustee shall join with the Company and the Guarantors Issuers in the execution of any amended or supplemental indenture Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

Appears in 2 contracts

Sources: Indenture (Charter Communications Inc /Mo/), Indenture (Cco Holdings Capital Corp)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 of this Indenturehereof, the Company, the Guarantors Companies and the Trustee may amend or supplement this Indenture Agreement or the Notes without the consent of any Holder of a Note: (a) to cure any ambiguity, defect or inconsistency; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes; (c) to provide for the assumption of the Company's Companies' obligations to the Holders of the Notes in the case of a merger, consolidation or acquisition by a successor to any of the Companies pursuant to Article 5 V hereof; (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (e) to make any change that would provide any additional rights or benefits to the Holders of the Notes Notes, or that does not materially adversely affect the legal rights hereunder of any Holder of the Note; (f) to comply with Article 10 hereofNotes; or (ge) to comply with requirements of the SEC in order to effect or maintain the qualification of this Indenture Agreement under the TIA. Upon the request of the Company Companies accompanied by a resolution of its their respective Board of Directors authorizing the execution of any such amended or supplemental indenture, and upon receipt by the Trustee of the documents described in Section 7.02 9.06 hereof, the Trustee shall join with the Company and the Guarantors Companies in the execution of any amended or supplemental indenture authorized or permitted by the terms of this Indenture Agreement and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture indenture that affects its own rights, duties or immunities under this Indenture Agreement or otherwise.

Appears in 2 contracts

Sources: Indenture (Amerco /Nv/), Indenture (Sac Holding Corp)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 8.02 hereof, without the consent of this Indentureany Holder of Notes, the Company, the Guarantors Guarantor (with respect to the Parent Guarantee or this Indenture to which it is a party) and the Trustee may amend or supplement this Indenture Indenture, the Notes, the Parent Guarantee or the Notes without the consent of any Holder of a NoteSecurity Documents: (a) to cure any ambiguitymanifest error, defect or inconsistency; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes; (c) to provide for the assumption of the Company's obligations to the Holders of the Notes pursuant to comply with Article 5 10 hereof; (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (e) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder of any Holder of the Notesuch Holder; (f) to comply with Article 10 hereof; or (ge) to comply with requirements of the SEC Commission in order to effect or maintain the qualification of this Indenture under the TIA; or (f) to enter into additional or supplemental Security Documents. Upon the written request of the Company accompanied by a resolution of its Board of Directors Resolution authorizing the execution of any such amended or supplemental indentureIndenture or Security Documents, and upon receipt by the Trustee of the documents described in Section 7.02 hereof, 8.06 hereof the Trustee shall join with the Company and the Guarantors Guarantor, if necessary, in the execution of any amended or supplemental indenture Indenture authorized or permitted by the terms of this Indenture or the Security Documents and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

Appears in 2 contracts

Sources: Indenture (Avatex Corp), Indenture (Avatex Funding Inc)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 of this Indenture, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture or the Notes without the consent of any Holder of a Note: (a) to cure any ambiguity, defect or inconsistency; (b) to provide for uncertificated Notes in addition to or in place of certificated NotesNotes or to alter the provisions of Article 2 hereof (including the related definitions) in a manner that does not materially adversely affect any Holder; (c) to provide for the assumption of the Company's obligations to the Holders of the Notes by a successor to the Company pursuant to Article 5 hereof; (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (e) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder of any Holder of the Note; (f) to comply with Article 10 hereof; or (ge) to comply with requirements of the SEC in order to effect or maintain the qualification of this Indenture under the TIA. ; Upon the request of the Company accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental indentureIndenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof, the Trustee shall join with the Company and the Guarantors in the execution of any amended or supplemental indenture Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

Appears in 2 contracts

Sources: Indenture (Crown Castle International Corp), Indenture (Pac-West Telecomm Inc)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 of this Indenture, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture or the Notes without the consent of any Holder of a NoteNotes: (a) to cure any ambiguity, defect or inconsistency; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes; (c) to provide for the assumption of the Company's obligations to the Holders of the Notes by a successor to the Company pursuant to Article 5 hereof; (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (e) to make any change that would provide any additional rights or benefits to the Holders of the Notes or and that does not adversely affect the legal rights hereunder of any Holder of the Note; (f) to comply with Article 10 hereof; or (ge) to comply with requirements of the SEC in order to effect or maintain the qualification of this Indenture under the TIA. Upon the request of the Company accompanied by a resolution of its Board of Directors an Officers' Certificate authorizing the execution of any such amended or supplemental indentureIndenture, and upon receipt by the Trustee of the such documents described in Section 7.02 hereof9.06 hereof as the Trustee may request, the Trustee shall join with the Company and the Guarantors in the execution of any amended or supplemental indenture Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

Appears in 2 contracts

Sources: Indenture (Criimi Mae Inc), Indenture (Criimi Mae Inc)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 of this Indenture, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture or the Notes without the consent of any Holder of a Note: (a) to cure any ambiguity, defect or inconsistency; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes; (c) to provide for the assumption of the Company's obligations to the Holders of the Notes in the case of a merger or consolidation pursuant to Article 5 hereof; (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (e) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder of any Holder of the Note; (f) to comply with Article 10 hereofNotes; or (ge) to comply with requirements of the SEC in order to effect or maintain the qualification of this Indenture under the TIA. Upon the request of the Company Company, accompanied by a resolution of its the Board of Directors authorizing the execution of any such amended or supplemental indentureIndenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof, the Trustee shall join with the Company and the Guarantors in the execution of any amended or supplemental indenture Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

Appears in 2 contracts

Sources: Indenture (K&f Industries Inc), Indenture (K&f Industries Inc)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 of this Indenture, the Company, Issuers and the Subsidiary Guarantors and the Trustee may amend or supplement this Indenture Indenture, the Guarantees, or the Notes without the consent of any Holder of a Note: (a) to cure any ambiguity, defect or inconsistency; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes; (c) to provide for the assumption of the Company's an Issuer’s or a Subsidiary Guarantor’s obligations to the Holders of the Notes in the case of a merger or consolidation or sale of all or substantially all of such Issuer’s assets pursuant to Article 5 hereof; (d) to secure the Notes add or release Subsidiary Guarantors pursuant to the requirements terms of Section 4.12 or otherwisethis Indenture; (e) to make any change that would provide any additional rights or benefits to the Holders of the Notes or surrender any right or power conferred upon the Issuers or the Subsidiary Guarantors by this Indenture that does not adversely affect the legal rights hereunder of any Holder of the NoteNotes, provided that any change to conform this Indenture to the Offering Memorandum shall not be deemed to adversely affect such rights; (f) to comply provide for the issuance of additional Notes in accordance with Article 10 hereof; orthe limitations set forth in this Indenture; (g) to comply with requirements of the SEC in order to effect or maintain the qualification of this Indenture under the TIA. Upon ; (h) to evidence or provide for the request acceptance of the Company accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental indenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof, the Trustee shall join with the Company and the Guarantors in the execution of any amended or supplemental indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities appointment under this Indenture or otherwise.of a successor Trustee;

Appears in 2 contracts

Sources: Indenture (Atlas Pipeline Partners Lp), Indenture (Atlas Pipeline Partners Lp)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 of this IndentureAgreement, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture Agreement, the Note Guarantees or the Notes without the consent of any Holder of a Note: (a) to cure any ambiguity, defect or inconsistency; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes; (c) to provide for the assumption release any Guarantor from any of the Company's its obligations under its Note Guarantee or this Agreement (to the Holders of the Notes pursuant to Article 5 hereofextent permitted by this Agreement); (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (e) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not materially adversely affect the legal rights hereunder of any Holder of the Note; (f) to comply with Article 10 hereofNotes; or (ge) to comply with requirements of the SEC in order to effect or maintain the qualification of this Indenture Agreement under the TIA. Upon the request of the Company accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental indenture, and upon receipt by the Trustee of the documents described in Section 7.02 9.06 hereof, the Trustee shall join with the Company and the Guarantors in the execution of any amended or supplemental indenture authorized or permitted by the terms of this Indenture Agreement and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture indenture that affects its own rights, duties or immunities under this Indenture Agreement or under the Security Documents or otherwise.

Appears in 2 contracts

Sources: Indenture (Amerco /Nv/), Indenture (Amerco /Nv/)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 of this Indenture, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture or the Notes without the consent of any Holder of a Note: (a) to cure any ambiguity, defect or inconsistency; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes; (c) to provide for the assumption of the Company's obligations to the Holders of the Notes in the case of a merger or consolidation pursuant to Article 5 hereof; (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (e) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder of any Holder of the Note; (f) to comply with Article 10 hereof; or (ge) to comply with requirements of the SEC in order to effect or maintain the qualification of this Indenture under the TIA. Upon the request of the Company accompanied by a resolution resolutions of its the Board of Directors of the Company authorizing the execution of any such amended or supplemental indenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof, the Trustee shall join with the Company and the Guarantors in the execution of any amended or supplemental indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Indenture (WHX Corp)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 of this Indenture, the Company, the Guarantors and the Trustee may amend or supplement this Indenture or the Notes or the Note Guarantees without the consent of any Holder of a Note: (a1) to cure any ambiguity, defect or inconsistency; (b2) to provide for uncertificated Notes in addition to or in place of certificated Notes; (c3) to provide for the assumption of the Company's or a Guarantor's obligations to the Holders of Notes and Note Guarantees by a successor to the Notes Company or such Guarantor pursuant to Article 5 or Article 10 hereof; (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (e4) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder of any Holder of the NoteHolder; (f) to comply with Article 10 hereof; or (g5) to comply with requirements of the SEC in order to effect or maintain the qualification of this Indenture under the TIA. Upon ; (6) to conform the request text of this Indenture, the Note Guarantees or the Notes to any provision of the Company accompanied by a resolution "Description of its Board of Directors authorizing the execution of any such amended or supplemental indenture, and upon receipt by the Trustee Notes" section of the documents described Offering Memorandum to the extent that such provision in Section 7.02 hereofthat "Description of Notes" was intended to be a verbatim recitation of a provision of this Indenture, the Trustee shall join Note Guarantees or the Notes; (7) to provide for the issuance of Additional Notes in accordance with the Company and the Guarantors limitations set forth in the execution of any amended or supplemental indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but as of the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.date hereof;

Appears in 1 contract

Sources: Indenture (RathGibson Inc)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 of this Indenturehereof, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture or the Notes without the consent of any Holder of a Noteto: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Surviving Person of the obligations of the Com- pany under this Indenture; (c) provide for uncertificated Notes in addition to or in place of certificated Notes; Notes (cprovided that the uncertificated Notes are issued in registered form for purposes of Section 163(f) to provide for the assumption of the Company's obligations to Code, or in a manner such that the Holders uncertificated Notes are described in Section 163(f)(2)(B) of the Notes pursuant to Article 5 hereofCode); (d) add additional Subsidiary Guarantees with respect to secure the Notes pursuant or to the requirements of Section 4.12 release Sub- sidiary Guarantors from Subsidiary Guarantees as provided or otherwisepermitted under this Indenture; (e) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder of any Holder of the Notesuch Holder; (f) to comply provide for the issuance of Additional Notes in accordance with Article 10 hereof; orthis Indenture; (g) make any change to comply with requirements any requirement of the SEC Commission in order to effect or maintain the qualification of this Indenture under the TIA. Upon TIA or other applicable trust inden- ture legislation; and (h) to conform the request of the Company accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental indenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof, the Trustee shall join with the Company and the Guarantors in the execution of any amended or supplemental indenture authorized or permitted by the terms text of this Indenture and or the Notes to make any further appropriate agreements and stipulations provision of the “De- scription of Notes” section in the Offering Memorandum to the extent that may such provision therein is intended to be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under a substantially verbatim recitation of a provision in this Indenture or otherwisethe Notes.

Appears in 1 contract

Sources: Indenture

Without Consent of Holders of Notes. Notwithstanding Section 9.02 of this Indenture, the Company, the Guarantors and the Trustee may amend or supplement this Indenture Indenture, the Subsidiary Guarantees or the Notes without the consent of any Holder of a Note: (a1) to cure any ambiguity, defect or inconsistency; (b2) to provide for uncertificated Notes in addition to or in place of certificated NotesNotes or to alter the provisions of Article 2 hereof (including the related definitions) in a manner that does not materially adversely affect any Holder; (c3) to provide for the assumption of the Company's obligations to the Holders of the Notes by a successor to the Company pursuant to Article 5 or Article 10 hereof; (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (e4) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder of any Holder of the Note; (f) to comply with Article 10 hereof; or (g5) to comply with requirements of the SEC in order to effect or maintain the qualification of this Indenture under the TIA. Upon ; (6) to conform the request text of the Company accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental indenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereofthis Indenture, the Trustee shall join Subsidiary Guarantees or the Notes to any provision contained in the "Description of Notes" contained in the Prospectus Supplement to the extent that such provision in the "Description of Notes" was intended to be a verbatim recitation of a provision of this Indenture, the Subsidiary Guarantees or the Notes; (7) to provide for the issuance of Additional Notes in accordance with the Company and the Guarantors limitations set forth in the execution of any amended or supplemental indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.Indenture; or

Appears in 1 contract

Sources: First Supplemental Indenture (Corrections Corp of America)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 of this Indenture, the Company, the Guarantors Issuers and the Trustee may amend or supplement this Indenture or the Notes without the consent of any Holder of a Note: (a) to cure any ambiguity, defect or inconsistency; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes;; 96 (c) to provide for the assumption of the Companyeither Issuer's obligations to the Holders of Notes in the Notes case of a merger or consolidation or sale of all or substantially all of the assets of such Issuer pursuant to Article 5 hereof5; (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (e) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder under this Indenture of any Holder of the Note; (f) to comply with Article 10 hereofsuch Holder; or (ge) to comply with requirements of the SEC in order to effect or maintain the qualification of this Indenture under the TIATIA or otherwise as necessary to comply with applicable law. Upon the request of the Company Issuers accompanied by a resolution of its Board their respective Boards of Directors authorizing the execution of any such amended or supplemental indentureIndenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof7.02, the Trustee shall join with the Company and the Guarantors Issuers in the execution of any amended or supplemental indenture Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Indenture (Charter Communications Holdings Capital Corp)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 of this Indenture, the Company, the Subsidiary Guarantors and the Trustee may amend or supplement this Indenture Indenture, the Subsidiary Guarantees or the Notes without notice to or the consent of any Holder of a NoteHolder: (a) to cure any ambiguity, defect or inconsistency; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes; (c) to provide for the assumption of the Company's obligations to the Holders in the case of a merger, consolidation or sale of all or substantially all of the Notes pursuant to Article 5 hereofCompany's assets; (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (e) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder of any Holder of the NoteHolder; (f) to comply with Article 10 hereof; or (ge) to comply with requirements of the SEC in order to effect or maintain the qualification of this Indenture under the TIA; or (f) to provide for additional Subsidiary Guarantors in accordance with Section 4.16 hereof. Upon the request of the Company accompanied by a resolution of its Board of Directors Resolution authorizing the execution of any such amended or supplemental indentureIndenture, and upon receipt by the Trustee of the documents described in Section 7.02 9.06 hereof, the Trustee shall join with the Company and the Subsidiary Guarantors in the execution of any amended or supplemental indenture Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Indenture (MST Enterprises Inc)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 of this Indenture, the Company, the Subsidiary Guarantors and the Trustee may amend or supplement this Indenture Indenture, the Notes or the Notes Guarantees without the consent of any Holder of a Note: (a) to cure any ambiguity, defect or inconsistency; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes; (c) to provide for the assumption of the Company's obligations to the Holders of the Notes in the case of a merger or consolidation pursuant to Article 5 hereof; (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (e) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder of any Holder of the Note; (fe) to comply with Article 10 hereofsecure the Notes; or (gf) to comply with requirements of the SEC Commission in order to effect or maintain the qualification of this Indenture under the TIA. Upon the request of the Company accompanied by a resolution of its the Board of Directors of the Company and each of the Subsidiary Guarantors, as the case may be, authorizing the execution of any such amended or supplemental indenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof, the Trustee shall join with the Company and the Subsidiary Guarantors in the execution of any amended or supplemental indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Indenture (Range Resources Corp)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 9.2 of this Indenture, the Company, the Guarantors and the Trustee may amend or supplement this Indenture or the Notes without the consent of any Holder of a Note: (a) to cure any ambiguity, defect or inconsistency; (b) to provide for uncertificated Notes in addition to or in place of certificated Certificated Notes; (c) to provide for the assumption of the Company's obligations to the Holders of the Notes in the case of a merger or consolidation pursuant to Article 5 V hereof; (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (e) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder of any Holder of the NoteNotes; (fe) to comply with Article 10 hereof; or (g) to comply with the requirements of the SEC Commission in order to effect or maintain the qualification of this Indenture under the TIA; or (f) to add or release a Guarantor as provided in Section 4.20. Upon the request of the Company Company, accompanied by a resolution of its the Board (evidenced by an Officers' Certificate of Directors the Company) authorizing the execution of any such amended or supplemental indenture, and upon receipt by the Trustee of the documents described in Section 7.02 7.2 hereof, the Trustee shall join with the Company and the Guarantors in the execution of any amended or supplemental indenture Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Indenture (Loomis Fargo & Co)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 of this Indenture, the CompanyIssuers, the Guarantors and the Trustee may amend or supplement this Indenture Indenture, the Note Guarantees or the Notes without the consent of any Holder of a Note: (a) to cure any ambiguity, defect or inconsistency; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes; (c) to provide for the assumption of the Company's, UNICCO Finance's or any Restricted Subsidiary's obligations to the Holders of the Notes in the case of a merger or consolidation pursuant to Article 5 hereof; (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (e) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder of any such Holder of the Noteor; (f) to comply with Article 10 hereof; or (ge) to comply with requirements of the SEC in order to effect or maintain the qualification of this Indenture under the TIA. Upon the request of the Company Issuers accompanied by a resolution of its their Board of Directors authorizing the execution of any such amended or supplemental indentureIndenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof, the Trustee shall join with the Company Company, UNICCO Finance and the Guarantors in the execution of any amended or supplemental indenture Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Indenture (Unicco Service Co)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 of this Indenturehereof, the Company, the Guarantors and the Trustee may amend or supplement this Indenture Indenture, the Notes or the Notes Subsidiary Guarantees without the consent of any Holder of a Note: (ai) to cure any ambiguity, defect defect, error or inconsistency; (bii) to provide for uncertificated Notes in addition to or in place of certificated Notes; (ciii) to provide for the assumption of the Company's or any Guarantor's obligations to the Holders of the Notes by a successor to the Company or a Guarantor pursuant to Article 5 or Article 11 hereof; (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (eiv) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder of any Holder of the Note; (f) to comply with Article 10 hereof; or (gv) to comply with requirements of the SEC in order to effect or maintain the qualification of this Indenture under the TIA; (vi) to provide for the issuance of Additional Notes in accordance with the provisions set forth in this Indenture as of the date hereof; or (vii) to allow any Guarantor to execute a supplemental indenture and/or a Subsidiary Guarantee with respect to the Notes. Upon the request of the Company accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental indenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof, the Trustee shall join with the Company and the Guarantors in the execution of any amended or supplemental indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.upon

Appears in 1 contract

Sources: Indenture (Southwest General Hospital Lp)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 of this Indenture, the Company, the Guarantors and the Trustee may amend or supplement this Indenture or the Notes without the consent of any Holder of a Note: (a) to cure any ambiguity, defect or inconsistency; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes; (c) to provide for the assumption of the Company's obligations to the Holders of the Notes pursuant to Article 5 hereof; (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (e) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder of any Holder of the Note; (f) to comply with add or to release any Guarantor, in each case as provided in Article 10 hereof; or (g) to comply with requirements of the SEC in order to effect or maintain the qualification of this Indenture under the TIA. Upon the request of the Company accompanied by a resolution of its Board of Directors Resolution authorizing the execution of any such amended or supplemental indenture, and upon receipt by the Trustee of the documents described in Section 7.02 9.06 hereof, the Trustee shall join with the Company and the Guarantors in the execution of any amended or supplemental indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Indenture (Ascent Energy Inc)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 9.2 of this Indenture, the Company, the Guarantors and the Trustee may amend or supplement this Indenture or the Notes without the consent of any Holder of a Note: (a) to cure any ambiguity, defect or inconsistency; (b) to provide for uncertificated Notes in addition to or in place of certificated NotesNotes (provided, however, that the uncertificated Notes are issued in registered form for purposes of section 163(f) of the Code, or in a manner such that the uncertificated Notes are described in Section 163(f)(2)(B) of the Code); (c) to provide for the assumption of the Company's obligations to the Holders of the Notes in the case of a merger or consolidation pursuant to Article 5 hereof; (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (e) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder of any Holder of the NoteNotes; (e) to secure the Notes; or (f) to comply with Article 10 hereof; or (g) to comply with requirements of the SEC Commission in order to effect or maintain the qualification of this Indenture under the TIA. Upon the request of the Company accompanied by a resolution of its the Board of Directors of the Company, authorizing the execution of any such amended or supplemental indenture, and upon receipt by the Trustee of the documents described in Section 7.02 7.2 hereof, the Trustee shall join with the Company and the Guarantors in the execution of any amended or supplemental indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Indenture (Laroche Industries Inc)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 of this Indenture, the Company, the Guarantors and the Trustee may amend or supplement this Indenture Indenture, the Subsidiary Guarantees or the Notes without the consent of any Holder of a Note: (a) to cure any ambiguity, defect or inconsistency; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes; (c) to provide for the assumption of the Company's or Guarantor's obligations to the Holders of the Notes pursuant to Article 5 hereof;in the case of a merger or consolidation in accordance with this Indenture. (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (e) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder of any Holder of the Note; (f) to comply with Article 10 hereofNotes; or (ge) to comply with requirements of the SEC in order to effect or maintain the qualification of this Indenture under the TIA. Upon the request of the Company and the Guarantors accompanied by a resolution of its Board their respective Boards of Directors authorizing the execution of any such amended or supplemental indentureIndenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof, the Trustee shall join with the Company and the Guarantors in the execution of any amended or supplemental indenture supple mental Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Indenture (Shop at Home Inc /Tn/)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 of this Indenture, the Company, the Guarantors and the Trustee may amend or supplement this Indenture Indenture, the Guarantees or the Notes without notice to or the consent of any Holder of a NoteHolder: (a) to cure any ambiguity, defect or inconsistency; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes; (c) to provide for the assumption of the Company's obligations to the Holders in the case of the Notes a merger, consolidation or sale of assets pursuant to Article 5 hereofthis Indenture; (d) to secure the Notes pursuant add Guarantees with respect to the requirements of Section 4.12 or otherwiseNotes; (e) to provide security for the Notes; (f) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder of any Holder of the Note; (f) to comply with Article 10 hereofHolder; or (g) to comply with requirements of the SEC in order to effect or maintain the qualification of this Indenture under the TIA. Upon the request of the Company accompanied by a resolution of its Board of Directors Resolution authorizing the execution of any such amended or supplemental indentureIndenture, and upon receipt by the Trustee of the documents described in Section 7.02 9.06 hereof, the Trustee shall join with the Company and the Guarantors in the execution of any amended or supplemental indenture Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Indenture (Jitney Jungle Stores of America Inc /Mi/)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 of this Indenture, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture or the Notes without the consent of any Holder of a Note: (a) to cure any ambiguity, defect or inconsistency; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes; (c) to provide for the assumption of the Company's obligations to the Holders of the Notes in the case of a merger or consolidation pursuant to Article 5 hereof; (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (e) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder of any Holder of the Note; (f) to comply with Article 10 hereof; or (ge) to comply with requirements of the SEC in order to effect or maintain the qualification of this Indenture under the TIA. Upon the request of the Company accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental indentureIndenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof, the Trustee shall join with the Company and the Guarantors in the execution of any amended or supplemental indenture Indenture authorized or permitted by the terms of this 57 64 Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Indenture (All American Communications Inc)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 of this Indenture, the CompanyIssuers, the Guarantors and the Trustee may amend or supplement this Indenture Indenture, the Security Documents, the Subsidiary Guarantees or the Notes without the consent of any Holder of a Note: (a1) to cure any ambiguity, defect or inconsistency; (b2) to provide for uncertificated Notes in addition to or in place of certificated NotesNotes or to alter the provisions of Article 2 hereof (including the related definitions) in a manner that does not materially adversely affect any Holder; (c3) to provide for the assumption of the Company's Issuers' obligations to the Holders of the Notes by a successor to the Issuers pursuant to Article 5 hereof; (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (e4) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder of any Holder Holders of the NoteNotes; (f) to comply with Article 10 hereof; or (g5) to comply with requirements of the SEC in order to effect or maintain the qualification of this Indenture under the TIA. Upon the request ; (6) to make, complete or confirm any grant of the Company accompanied Collateral permitted or required by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental indenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof, the Trustee shall join with the Company and the Guarantors in the execution of any amended or supplemental indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.any of the Security Documents or any release of Collateral that becomes effective as set forth in this Indenture or any of the Security Documents; (7) to conform the text of this Indenture, the Subsidiary Guarantees, the Security Documents or the Notes to any provision of the Description of Notes to the extent that such provision in such "Description of Notes" section contained in the Offering Circular was intended to be a verbatim recitation of a provision of this Indenture, the Subsidiary Guarantees, the Security Documents or the Notes;

Appears in 1 contract

Sources: Indenture (Calpine Corp)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 9.2 of this Indenture, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture or the Notes without the consent of any Holder of a Note: (a) to cure any ambiguity, defect or inconsistency; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes; (c) to provide for the assumption of the Company's obligations to the Holders of Notes in the Notes case of a merger or consolidation pursuant to Article 5 hereof, as applicable; (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (e) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder of any Holder of the Note;such Holder; or (fe) to comply with Article 10 hereof; or (g) to comply with the requirements of the SEC in order to effect or maintain the qualification of this Indenture under the TIA. Upon the request of the Company accompanied by a resolution of its the Board of Directors of the Company authorizing the execution of any such amended or supplemental indentureIndenture, and upon receipt by the Trustee of the documents described in Section 7.02 7.2 hereof, the Trustee shall join with the Company and the Guarantors in the execution of any amended or supplemental indenture Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Indenture (Ocwen Asset Investment Corp)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 of this Indenture, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture or the Notes without the consent of any Holder of a Note: (a) to cure any ambiguity, defect or inconsistency; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes; (c) to provide for the assumption of the Company's obligations to the Holders of the Notes in the case of a merger or consolidation pursuant to Article 5 Five hereof; (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (e) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder of any Holder of the Note;Notes; and (f) to comply with Article 10 hereof; or (ge) to comply with requirements of the SEC in order to effect or maintain the qualification of this Indenture under the TIA. Upon the request of the Company accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental indentureIndenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof, the Trustee shall join with the Company and the Guarantors in the execution of any amended or supplemental indenture Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Indenture (Centennial Communications Corp)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 of this Indenture, the Company, the Guarantors a Guarantor (with respect to a Note Guarantee) and the Trustee may amend or supplement this Indenture or Indenture, the Notes or any Note Guarantee without the consent of any Holder of a Note: (a) to cure any ambiguity, defect or inconsistency; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes; (c) to provide for the assumption of the Company's or any Guarantor's obligations to the Holders of the Notes in the case of a merger or consolidation pursuant to Article 5 hereof; (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (e) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder of any Holder of the Note; (f) to comply with Article 10 hereofsuch Holder; or (ge) to comply with requirements of the SEC in order to effect or maintain the qualification of this Indenture under the TIA. Upon the request of the Company accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental indentureIndenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof, the Trustee shall join with the Company and the Guarantors in the execution of any amended or supplemental indenture Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Indenture (Holmes Products Corp)

Without Consent of Holders of Notes. Notwithstanding the provisions of Section 9.02 of this Indenturehereof, the Company, the Guarantors Issuer and the Trustee may amend or supplement this Indenture or the Notes without the consent of any Holder of a NoteHolder: (a) to cure any ambiguity, defect or inconsistency; (b) to provide for uncertificated Notes in addition to or in place of certificated NotesNotes in a manner that does not materially adversely affect any Holder; (c) to provide for the assumption of the CompanyIssuer's obligations to the Holders of by a successor to the Notes Issuer pursuant to Article 5 hereof; (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (e) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder of any Holder of the Note; (f) to comply with Article 10 hereofHolder; or (ge) to comply with requirements of the SEC in order to effect or maintain the qualification of this Indenture under the TIA. Upon the request of the Company Issuer accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental indentureIndenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof, the Trustee shall join with the Company and the Guarantors Issuer in the execution of any amended or supplemental indenture Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Indenture (Amf Bowling Worldwide Inc)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 of this Indenture, the Company, the Guarantors and the Trustee may amend or supplement this Indenture Indenture, the Subsidiary Guarantees or the Notes without the consent of any Holder of a Note: (a1) to cure any ambiguity, defect or inconsistency; (b2) to provide for uncertificated Notes in addition to or in place of certificated NotesNotes or to alter the provisions of Article 2 hereof (including the related definitions) in a manner that does not materially adversely affect any Holder; (c3) to provide for the assumption of the Company's or a Guarantor's obligations to the Holders of the Notes by a successor to the Company pursuant to Article 5 or Article 11 hereof; (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (e4) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder of any Holder of the Note; (f) to comply with Article 10 hereof; or (g5) to comply with requirements of the SEC in order to effect or maintain the qualification of this Indenture under the TIA. Upon ; (6) to provide for the request issuance of Additional Notes in accordance with the limitations set forth in this Indenture as of the Company accompanied by date hereof; (7) to allow any Guarantor to execute a resolution of its Board of Directors authorizing the execution of any such amended or supplemental indenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof, the Trustee shall join with the Company and the Guarantors in the execution of any amended or supplemental indenture authorized or permitted by and/or a Subsidiary Guarantee with respect to the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.Notes; or

Appears in 1 contract

Sources: First Supplemental Indenture (Jarden Corp)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 of this Indenture, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture or the Notes without the consent of any Holder of of 69 71 a Note: (a) to cure any ambiguity, defect or inconsistency; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes; (c) to provide for the assumption of the Company's obligations to the Holders of the Notes in the case of a merger or consolidation pursuant to Article 5 hereof; (d) to secure the Notes pursuant to the requirements of provide for additional Guarantors as set forth in Section 4.12 or otherwise4.15; (e) to make any change that would provide any additional rights or benefits to the Holders of the Notes (including the addition of any Subsidiary Guarantors) or that does not adversely affect the legal rights hereunder of any Holder of the Note; (f) to comply with Article 10 hereof; or (gf) to comply with requirements of the SEC in order to effect or maintain the qualification of this Indenture under the TIA. Upon the request of the Company accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental indentureIndenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof, the Trustee shall join with the Company and the Guarantors in the execution of any amended or supplemental indenture Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Indenture (Precision Engine Products Corp)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 9.2 of this Indenture, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture or the Notes without the consent of any Holder of a Note: : (a) to cure any ambiguity, defect or inconsistency; ; (b) to provide for uncertificated Notes in addition to or in place of certificated Certificated Notes; ; (c) to provide for the assumption of the Company's obligations to the Holders of the Notes in the case of a merger or consolidation pursuant to Article 5 V hereof; ; (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (e) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder of any Holder of the Note; Notes; (fe) to comply with Article 10 hereof; or (g) to comply with the requirements of the SEC Commission in order to effect or maintain the qualification of this Indenture under the TIA; or (f) to provide for future guarantees as provided in Section 4.18. Upon the request of the Company Company, accompanied by a resolution of its the Board (evidenced by an Officers' Certificate of Directors the Company) authorizing the execution of any such amended or supplemental indenture, and upon receipt by the Trustee of the documents described in Section 7.02 7.2 hereof, the Trustee shall join with the Company and the Guarantors in the execution of any amended or supplemental indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Indenture (Keystone Consolidated Industries Inc)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 of this Indenture, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture or the Notes without the consent of any Holder of a Note: (a) to cure secure any ambiguity, defect or inconsistencyNotes; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes; (c) to provide for the assumption of the Company's obligations to the Holders of the Notes by a successor to the Company pursuant to Article 5 hereof; (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (ec) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder of any Holder of the Note; (d) to cure any ambiguity, defect or inconsistency; (e) to transfer, assign, mortgage or pledge any property to or with the Trustee; (f) to comply with Article 10 hereofissue Additional Notes in any aggregate principal amount as contemplated by Section 2.01(e), all of which shall have the same terms, including interest and maturity date, as the Notes; orand (g) to comply with requirements evidence the acceptance of the SEC in order to effect or maintain the qualification of this Indenture under the TIAappointment by a successor trustee. Upon the request of the Company accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental indentureIndenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof, the Trustee shall join with the Company and the Guarantors in the execution of any amended or supplemental indenture Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Indenture (Hughes Electronics Corp)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 of this Indenture, the Company, the Guarantors Issuer and the Trustee may amend or supplement this Indenture or the Notes without the consent of any Holder of a Note: (a) to cure any ambiguity, defect or inconsistency; (b) to provide for uncertificated Notes in addition to or in place of certificated NotesNotes or to alter the provisions of Article 2 hereof (including the related definitions) in a manner that does not materially adversely affect any Holder; (c) to provide for the assumption of the CompanyIssuer's obligations to the Holders of the Notes by a successor to the Issuer pursuant to Article 5 hereof; (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (e) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder of any Holder of the Note; (f) to comply with Article 10 hereof; or (ge) to comply with requirements of the SEC in order to effect or maintain the qualification of this Indenture under the TIA. Upon the request of the Company Issuer accompanied by a resolution of its Board Boards of Directors authorizing the execution of any such amended or supplemental indentureIndenture, and upon receipt by the Trustee of the documents described in Section 7.02 9.06 hereof, the Trustee shall join with the Company and the Guarantors Issuer in the execution of any amended or supplemental indenture Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Indenture (Insight Communications Co Inc)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 9.2 of this Indenture, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture or the Notes without the consent of any Holder of a Note: (a) to cure any ambiguity, defect or inconsistency; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes; (c) to provide for the assumption of the Company's obligations to Holders in the Holders case of a merger or consolidation or sale, assignment, transfer, lease, conveyance or other disposition of all or substantially all of the Notes Company's properties or assets pursuant to Article 5 Five hereof; (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (e) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder of any Holder of the NoteHolder; (f) to comply with Article 10 hereof; or (ge) to comply with requirements of the SEC in order to effect or maintain the qualification of this Indenture under the TIA; or (f) to evidence or provide for a replacement Trustee under Section 7.8. Upon the request of the Company accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental indentureIndenture, and upon receipt by the Trustee of the documents described in Section 7.02 9.6 hereof, the Trustee shall join with the Company and the Guarantors in the execution of any amended or supplemental indenture Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Indenture (Reeves Industries Inc /De/)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 9.2 of this Indenture, the Company, the Guarantors and the Trustee may amend or supplement this Indenture Indenture, the Notes or the Notes Security Documents without the consent of any Holder of a Note: (a) to cure any ambiguity, defect or inconsistency; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes; (c) to provide for the assumption of the Company's obligations to the Holders of the Notes in the case of a merger or consolidation pursuant to Article 5 hereof; (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (e) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder of any Holder of the Note; (fe) to comply with Article 10 Section 10.2 hereof; or (gf) to comply with requirements of the SEC in order to effect or maintain the qualification of this Indenture under the TIA. Upon the request of the Company and the Guarantors accompanied by a resolution resolutions of its Board the Boards of Directors of the Company and the Guarantors authorizing the execution of any such amended or supplemental indenture, and upon receipt by the Trustee of the documents described in Section 7.02 7.2 hereof, the Trustee shall join with the Company and the Guarantors in the execution of any amended or supplemental indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Indenture (Wheeling Pittsburgh Steel Corp /De)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 of this Indenture, the Company, the Guarantors and the Trustee may amend or supplement this Indenture Indenture, the Notes or the Notes Subsidiary Guarantees without the consent of any Holder of a Note: (a) to cure any ambiguity, defect or inconsistency; (b) to provide for uncertificated Notes in addition to or in place of certificated NotesNotes (provided that the uncertificated Notes are issued in registered form for purposes of Section 163(f) of the Code, or in a manner such that the uncertificated Notes are described in Section 163(f)(2)(B) of the Code); (c) to provide for the assumption of the Company's ’s or a Guarantor’s obligations to the Holders of the Notes pursuant to Article 5 hereofin the case of a merger or consolidation or sale of all or substantially all of the Company’s assets or a Guarantor; (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (e) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder of any Holder Holder; (e) to provide for the issuance of Additional Notes in accordance with the Noteprovisions set forth in this Indenture; (f) to comply add Subsidiary Guarantees with Article 10 hereof; orrespect to the Notes or to secure the Notes or the Subsidiary Guarantees; (g) to comply with the requirements of the SEC Commission in order to effect or maintain the qualification of this Indenture under the TIA. Upon ; (h) to evidence and provide for the request of the Company accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental indenture, acceptance and upon receipt by the Trustee of the documents described in Section 7.02 hereof, the Trustee shall join with the Company and the Guarantors in the execution of any amended or supplemental indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities appointment under this Indenture or otherwise.of a successor trustee thereunder pursuant to the requirements herein; or

Appears in 1 contract

Sources: Indenture (Cinemark Usa Inc /Tx)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 of this Indenture, the Company, the Guarantors and the Trustee may amend or supplement this Indenture or the Notes or the Note Guarantees without the consent of any Holder of a Note: (a1) to cure any ambiguity, defect or inconsistency; (b2) to provide for uncertificated Notes in addition to or in place of certificated Notes; (c3) to provide for the assumption of the Company's or a Guarantor's obligations to the Holders of the Notes and Note Guarantees by a successor to the Company or such Guarantor pursuant to Article 5 or Article 10 hereof; (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (e4) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder of any Holder of the NoteHolder; (f) to comply with Article 10 hereof; or (g5) to comply with requirements of the SEC in order to effect or maintain the qualification of this Indenture under the TIA. Upon ; (6) to conform the request text of this Indenture, the Note Guarantees, the Security Documents or the Notes to any provision of the Company accompanied by a resolution "Description of its Board of Directors authorizing the execution of any such amended or supplemental indenture, and upon receipt by the Trustee Notes" section of the documents described Company's Offering Memorandum relating to the initial offering of the Notes, to the extent that such provision in Section 7.02 hereofthat "Description of Notes" was intended to be a verbatim recitation of a provision of this Indenture, the Trustee shall join Note Guarantees, the Security Documents or the Notes; (7) to provide for the issuance of Additional Notes in accordance with the Company and the Guarantors limitations set forth in the execution of any amended or supplemental indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but as of the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.date hereof; or

Appears in 1 contract

Sources: Indenture (Builders FirstSource, Inc.)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 10.02 of this Indenture, the Company, the Guarantors and the Trustee may amend or supplement this Indenture or the Notes without the consent of any Holder of a Note: (a) to cure any ambiguity, defect or inconsistency; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes; (c) to provide for the assumption of the Company's obligations to the Holders of the Notes by a successor to the Company pursuant to Article 5 hereof; (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (e) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder of any Holder of the Note; (f) to comply with Article 10 hereof; or (ge) to comply with requirements of the SEC Commission in order to effect or maintain the qualification of this Indenture under the TIA. Upon the request of the Company accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental indentureIndenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof, the Trustee shall join with the Company and the Guarantors in the execution of any amended or supplemental indenture Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Indenture (Grant Prideco Inc)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 9.2 of this Indenture, the Company, the Guarantors and the Trustee may amend or supplement this Indenture Indenture, the Notes or the Notes Pledge Agreement without the consent of any Holder of a Note: (a) to cure any ambiguity, defect or inconsistency; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes; (c) to provide for the assumption of the Company's obligations to the Holders of the Notes in the case of a merger or consolidation pursuant to Article 5 hereof; (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (e) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder of any Holder of the Note; (fe) to comply with Article 10 Section 10.2 hereof; or (gf) to comply with requirements of the SEC in order to effect or maintain the qualification of this Indenture under the TIA. Upon the request of the Company and the Guarantors accompanied by a resolution resolutions of its Board the Boards of Directors of the Company and the Guarantors authorizing the execution of any such amended or supplemental indenture, and upon receipt by the Trustee of the documents described in Section 7.02 7.2 hereof, the Trustee shall join with the Company and the Guarantors in the execution of any amended or supplemental indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Indenture (Wheeling Pittsburgh Steel Corp /De)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 of this Indenture, the Company, the Guarantors and the Trustee may amend or supplement this Indenture or the Notes without the consent of any Holder of a Note: (a) to cure any ambiguity, defect or inconsistency; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes; (c) to provide for the assumption of the Company's obligations to the Holders of the Notes pursuant to Article 5 hereof; (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (e) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder of any Holder of the Note; (f) to comply with Article 10 hereof; or (g) to comply with requirements of the SEC in order to effect or maintain the qualification of this Indenture under the TIA. Upon the request of the Company accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental indenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof, the Trustee shall join with the Company and the Guarantors in the execution of any amended or supplemental indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental supple- mental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Indenture (Trico Marine Services Inc)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 of this Indenture, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture or the Notes without the consent of any Holder of a Note: (a) to cure any ambiguity, defect or inconsistency; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes; (c) to provide for the assumption of the Company's obligations to the Holders of the Notes in the case of a merger or consolidation pursuant to Article 5 Five hereof; (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (e) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder of any Holder of the a Note; (f) to comply with Article 10 hereof; or (ge) to comply with requirements of the SEC in order to effect or maintain the qualification of this Indenture under the TIA. Upon the request of the Company accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental indentureIndenture, and upon receipt by the Trustee of the documents described in Section 7.02 9.06 hereof, the Trustee shall join with the Company and the Guarantors in the execution of any amended or supplemental indenture Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Indenture (Coinstar Inc)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 of this Indenture, the Company, the Guarantors and the Trustee may amend or supplement this Indenture or the Notes without the consent of any Holder of a Note: : (a) to cure any ambiguity, defect or inconsistency; ; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes; ; (c) to provide for the assumption of the Company's or any Guarantor's obligations to the Holders of Notes in the Notes case of a merger or consolidation pursuant to Article 5 or Article 11 hereof; , as applicable; (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (e) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder of any Holder of the Note; ; or (f) to comply with Article 10 hereof; or (ge) to comply with requirements of the SEC in order to effect or maintain the qualification of this Indenture under the TIA. Upon the request of the Company accompanied by a resolution of its Board of Directors of the Company and each of the Guarantors authorizing the execution of any such amended or supplemental indentureIndenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof, the Trustee shall join with the Company and each of the Guarantors in the execution of any amended or supplemental indenture Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise. SECTION 9.02.

Appears in 1 contract

Sources: Indenture (Metal Management Inc)

Without Consent of Holders of Notes. Notwithstanding the provisions of Section 9.02 of this Indenturehereof, the Company, the Guarantors Issuer and the Trustee may amend or supplement this Indenture or the Notes without the consent of any Holder of a NoteHolder: (a) to cure any ambiguity, defect or inconsistency; (b) to provide for uncertificated Notes in addition to or in place of certificated NotesNotes in a manner that does not materially adversely affect any Holder; (c) to provide for the assumption of the CompanyIssuer's obligations to the Holders of by a successor to the Notes Issuer pursuant to Article 5 hereof; (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (e) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder of any Holder of the NoteHolder; (fe) [to comply provide for the issuance of Additional Notes in accordance with Article 10 hereof; the provisions set forth in this Indenture;] or (gf) to comply with requirements of the SEC in order to effect or maintain the qualification of this Indenture under the TIA. Upon the request of the Company Issuer accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental indentureIndenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof, the Trustee shall join with the Company and the Guarantors Issuer in the execution of any amended or supplemental indenture Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Indenture (Amf Bowling Worldwide Inc)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 of this IndentureAgreement, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture Agreement, the Note Guarantees or the Notes without the consent of any Holder of a Note: (a) to cure any ambiguity, defect or inconsistency; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes; (c) to provide for the assumption of the Company's obligations to the Holders of the Notes in the case of a merger or acquisition by a successor to the Company pursuant to Article 5 V hereof; (d) to secure the Notes pursuant release any Guarantor from any of its obligations under its Note Guarantee or this Agreement (to the requirements of Section 4.12 or otherwiseextent permitted by this Agreement); (e) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not materially adversely affect the legal rights hereunder of any Holder of the Note; (f) to comply with Article 10 hereofNotes; or (gf) to comply with requirements of the SEC in order to effect or maintain the qualification of this Indenture Agreement under the TIA. Upon the request of the Company accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental indenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof, the Trustee shall join with the Company and the Guarantors in the execution of any amended or supplemental indenture authorized or permitted by the terms of this Indenture Agreement and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture indenture that affects its own rights, duties or immunities under this Indenture Agreement or otherwise.

Appears in 1 contract

Sources: Indenture (Epmr Corp)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 of this Indenture, the Company, the Guarantors and the Trustee may amend or supplement this Indenture or the Notes without the consent of any Holder of a Note: (a) to cure any ambiguity, defect or inconsistency; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes; (c) to provide for the assumption of the Company's obligations to the Holders of the Notes pursuant to Article 5 hereof; (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (e) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not materially adversely affect the legal rights hereunder of any Holder of the Note; (f) to comply with Article 10 hereof; or (g) to comply with requirements of the SEC in order to effect or maintain the qualification of this Indenture under the TIA. Upon the request of the Company accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental indenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof, the Trustee shall join with the Company and the Guarantors in the execution of any amended or supplemental indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Indenture (American Eco Corp)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 of this Indenture, the Company, the Subsidiary Guarantors and the Trustee may amend or supplement this Indenture Indenture, the Notes or the Notes Collateral Documents without the consent of any Holder of a Note: (a) to cure any ambiguity, defect or inconsistency; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes; (c) to provide for the assumption of the Company's obligations to the Holders of the Notes in the case of a merger or consolidation pursuant to Article 5 hereof; (dc) to secure provide for additional Subsidiary Guarantors as set forth in Section 4.14 or to provide for the Notes release of a Subsidiary Guarantor pursuant to the requirements of Section 4.12 or otherwise12.04; (ed) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder of any Holder of the Note; (f) to comply with Article 10 hereofHolder; or (ge) to comply with requirements of the SEC in order to effect or maintain the qualification of this Indenture under the TIA. Upon the request of the Company accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental indentureIndenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof, the Trustee shall join with the Company and the Guarantors in the execution of any amended or supplemental indenture Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Indenture (RBX Corp)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 of this Indenturehereof, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture or the Notes without the consent of any Holder of a Noteto: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Surviving Person of the obligations of the Company under this Indenture; (c) provide for uncertificated Notes in addition to or in place of certificated Notes; Notes (cprovided that the uncertificated Notes are issued in registered form for purposes of Section 163(f) to provide for the assumption of the Company's obligations to Code, or in a manner such that the Holders uncertificated Notes are described in Section 163(f)(2)(B) of the Notes pursuant to Article 5 hereofCode); (d) add additional Subsidiary Guarantees with respect to secure the Notes pursuant or to the requirements of Section 4.12 release Subsidiary Guarantors from Subsidiary Guarantees as provided or otherwisepermitted under this Indenture; (e) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder of any Holder of the Notesuch Holder; (f) to comply provide for the issuance of Additional Notes in accordance with Article 10 hereof; orthis Indenture; (g) make any change to comply with requirements any requirement of the SEC Commission in order to effect or maintain the qualification of this Indenture under the TIA. Upon TIA or other applicable trust indenture legislation; and (h) to conform the request of the Company accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental indenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof, the Trustee shall join with the Company and the Guarantors in the execution of any amended or supplemental indenture authorized or permitted by the terms text of this Indenture and or the Notes to make any further appropriate agreements and stipulations provision of the “Description of Notes” section in the Offering Memorandum to the extent that may such provision therein is intended to be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under a substantially verbatim recitation of a provision in this Indenture or otherwisethe Notes.

Appears in 1 contract

Sources: Indenture (Cascades Inc)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 of this Indenture, the Company, the Guarantors and the Trustee may amend or supplement this Indenture or the Notes without the consent of any Holder of a Note: (a) to cure any ambiguity, defect or inconsistency; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes; (c) to provide for the assumption of the Company's ’s obligations to the Holders of the Notes pursuant to Article 5 Section 6.01(f) hereof; (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (e) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not materially adversely affect the legal rights hereunder of any Holder of the a Note;; or (f) to comply with add or to release any Guarantor, in each case as provided in Article 10 hereof; or (g) to comply with requirements of the SEC in order to effect or maintain the qualification of this Indenture under the TIA. Upon the written request of the Company accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental indenture, and upon receipt by the Trustee of the documents described in Section 7.02 9.06 hereof, the Trustee shall join with the Company and the Guarantors in the execution of any amended or supplemental indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Indenture (CGG)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 of this Indenture, the Company, the Guarantors and the Trustee may amend or supplement this Indenture Indenture, the Subsidiary Guarantees or the Notes without the consent of any Holder of a Note: (a) to cure any ambiguity, defect or inconsistency; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes; (c) to provide for the assumption of the Company's or Guarantor's obligations to the Holders of the Notes pursuant to Article 5 hereof;in the case of a merger or consolidation in accordance with this Indenture. (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (e) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder of any Holder of the Note; (f) to comply with Article 10 hereofNotes; or (ge) to comply with requirements of the SEC in order to effect or maintain the qualification of this Indenture under the TIA. Upon the request of the Company and the Guarantors accompanied by a resolution of its Board their respective Boards of Directors authorizing the execution of any such amended or supplemental indentureIndenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof, the Trustee shall join with the Company and the Guarantors in the execution of any amended or supplemental indenture Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Indenture (Pillowtex Corp)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 of this Indenture, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture or the Notes without the consent of any Holder of a Note: (a) to cure any ambiguity, defect or inconsistency; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes; (c) to provide for the assumption of the Company's obligations to the Holders of Notes in the Notes case of a merger or consolidation or sale of all or substantially all of the assets of the Company pursuant to Article 5 hereof5; (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (e) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder under this Indenture of any Holder of the Notesuch Holder; (f) to comply with Article 10 hereof; or (ge) to comply with requirements of the SEC Commission in order to effect or maintain the qualification of this Indenture under the TIATIA or otherwise as necessary to comply with applicable law; (f) to make provision with respect to the conversion rights of Holders of Notes pursuant to Section 10.11 or to make provision with respect to the repurchase rights of Holders of Notes pursuant to Section 11.04; or (g) to evidence and provide for the acceptance of appointment hereunder by a successor Trustee. Upon the request of the Company accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental indentureIndenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof7.02, the Trustee shall join with the Company and the Guarantors in the execution of any amended or supplemental indenture Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Indenture (Charter Communications Inc /Mo/)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 9.2 of this Indenture, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture Indenture, the Notes, the Pledge Agreement, the Note Pledge Agreement, the Intercompany Note or the Notes Subsidiary Guarantees without the consent of any Holder of a NoteHolder: (a) to cure any ambiguity, defect or inconsistency; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes; (c) to provide for the assumption of the Company's obligations to the Holders of Notes in the Notes case of a merger or consolidation pursuant to Article 5 hereof; (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (e) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder of any Holder of the Note; (f) to comply with Article 10 hereofsuch Holder; or (ge) to comply with requirements of the SEC in order to effect or maintain the qualification of this Indenture under the TIATIA as then in effect. Upon the request of the Company accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental indentureIndenture, and upon receipt by the Trustee of the documents described in Section 7.02 7.2 hereof, the Trustee shall will join with the Company and the Guarantors in the execution of any amended or supplemental indenture Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Indenture (Tv Filme Inc)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 of this Indenture, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture or the Notes without the consent of any Holder of a Note: (a) to cure any ambiguity, defect or inconsistency; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes; (c) to provide for the assumption of the Company's obligations to the Holders of the Notes in the case of a merger or consolidation pursuant to Article Section 5 hereof; (d) to secure the Notes pursuant to the requirements of provide for additional Guarantors as set forth in Section 4.12 or otherwise4.15; (e) to make any change that would provide any additional rights or benefits to the Holders of the Notes (including the addition of any Subsidiary Guarantors) or that does not adversely affect the legal rights hereunder of any Holder of the Note; (f) to comply with Article 10 hereof; or (gf) to comply with requirements of the SEC in order to effect or maintain the qualification of this Indenture under the TIA. Upon the request of the Company accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental indentureIndenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof, the Trustee shall join with the Company and the Guarantors in the execution of any amended or supplemental indenture Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Indenture (PPC Publishing Corp)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 of this Indenture, the Company, the Guarantors The Company and the Trustee may amend or supplement this Indenture or the Notes without the consent of any Holder of a Note: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes; (c) to provide for the assumption of the Company's obligations to the Holders of the Notes by a successor to the Company pursuant to Article 5 hereof5; (c) to provide for uncertificated Notes in addition to or in place of certificated Notes; provided, however, that the uncertificated Notes are issued in registered form for purposes of Section 163(f) of the Code or in a manner such that the uncertificated Notes are described in Section 163(f)(2)(B) of the Code; (d) to secure the Notes pursuant add guarantees with respect to the requirements of Section 4.12 Notes, including any Subsidiary Guaranties, and to release the Parent or otherwisea Subsidiary Guarantor when permitted by this Indenture; (e) to secure the Notes; (f) to add to the covenants of the Company, the Parent or any Restricted Subsidiary for the benefit of the Holders or to surrender any right or power conferred upon the Company, the Parent or any Restricted Subsidiary; (g) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder of any Holder of the Note;Notes; or (fh) to comply with Article 10 hereof; or (g) to comply with requirements any requirement of the SEC in order to effect or maintain the qualification of this Indenture under the TIA. Upon the request of After an amendment under this Section becomes effective, the Company accompanied by shall mail to the Holders a resolution of its Board of Directors authorizing the execution of notice briefly describing such amendment. The failure to give such notice to all Holders, or any such amended or supplemental indenturedefect therein, and upon receipt by the Trustee of the documents described in Section 7.02 hereof, the Trustee shall join with the Company and the Guarantors in the execution of any amended or supplemental indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended impair or supplemental Indenture that affects its own rights, duties or immunities affect the validity of an amendment under this Indenture or otherwiseSection.

Appears in 1 contract

Sources: Indenture (Superior Energy Services Inc)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 of this Indenture, the Company, the Guarantors Issuer and the Trustee may amend or supplement this Indenture or the Notes without the consent of any Holder of a Note: (a) to cure any ambiguity, defect or inconsistency; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes; (c) to provide for the assumption of the CompanyIssuer's or the Guarantor's obligations to the Holders of Notes in the Notes case of a merger or consolidation pursuant to Article Articles 5 and 10 hereof, respectively; (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (e) to make any change that would provide any additional rights or benefits to the Holders of the Notes (including providing for additional Note Guarantees pursuant to Article 10 hereof) or that does not adversely affect the legal rights hereunder of any Holder of the Note; (f) to comply with Article 10 hereofNotes; or (ge) to comply with requirements of the SEC Commission in order to effect or maintain the qualification of this Indenture under the TIA. Upon the request of the Company Issuer accompanied by a resolution of its Board of Directors Resolution authorizing the execution of any such amended or supplemental indenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof, the Trustee shall join with the Company and the Guarantors Issuer in the execution of any amended or supplemental indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Indenture (Anchor Holdings Inc)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 of this Indenture, the Company, the Subsidiary Guarantors and the Trustee may amend or supplement this Indenture or the Notes without the consent of any Holder of a Note: (a) to cure any ambiguity, defect or inconsistency; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes; (c) to provide for the assumption of the Company's obligations to the Holders of the Notes in the case of a merger or consolidation pursuant to Article 5 hereof; (dc) to secure provide for additional Subsidiary Guarantors as set forth in Section 4.14 or to provide for the Notes release of a Subsidiary Guarantor pursuant to the requirements of Section 4.12 or otherwise12.04; (ed) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder of any Holder of the Note; (f) to comply with Article 10 hereofHolder; or (ge) to comply with requirements of the SEC in order to effect or maintain the qualification of this Indenture under the TIA. Upon the request of the Company accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental indentureIndenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof, the Trustee shall join with the Company and the Guarantors in the execution of any amended or supplemental indenture Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Indenture (RBX Corp)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 of this Indenture, the Company, the Guarantors Issuers and the Trustee may amend or supplement this Indenture or the Notes without the consent of any Holder of a Note: (a) : to cure any ambiguity, defect or inconsistency; (b) ; to provide for uncertificated Notes in addition to or in place of certificated Notes; (c) ; to provide for or confirm the issuance of Additional Notes; to provide for the assumption of the Companyeither Issuer's obligations to the Holders of Notes in the Notes case of a merger or consolidation or sale of all or substantially all of the assets of such Issuer pursuant to Article 5 hereof; (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (e) 5; to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder under this Indenture of any Holder of the Note; (f) to comply with Article 10 hereofHolder; or (g) or to comply with requirements of the SEC in order to effect or maintain the qualification of this Indenture under the TIATIA or otherwise as necessary to comply with applicable law. Upon the request of the Company Issuers accompanied by a resolution of its their respective boards of directors or the Board of Directors of CCI authorizing the execution of any such amended or supplemental indentureIndenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof7.02, the Trustee shall join with the Company and the Guarantors Issuers in the execution of any amended or supplemental indenture Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Indenture (Charter Communications Holdings LLC)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 of this Indenture, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture or the Notes without the consent of any Holder of a Note: (a) to cure any ambiguity, defect or inconsistency; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes; (c) to provide for the assumption of the Company's obligations to the Holders of the Notes in the case of a merger or consolidation pursuant to Article 5 hereof; (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (ea) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder of any Holder of the Note; (f) to comply with Article 10 hereof; or (gb) to comply with requirements of the SEC in order to effect or maintain the qualification of this Indenture under the TIA. Upon the request of the Company accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental indentureIndenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof, the Trustee shall join with the Company and the Guarantors in the execution of any amended or supplemental indenture Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Indenture (L 3 Communications Holdings Inc)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 9.2 of this Indenture, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture or the Notes without the consent of any Holder of a Note: (a) to cure any ambiguity, defect or inconsistency; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes; (c) to provide for the assumption of the Company's obligations to the Holders of the Notes in the case of a merger or consolidation pursuant to Article 5 hereof; (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (e) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder of any Holder of the Note; (f) to comply with Article 10 hereof; or (ge) to comply with requirements of the SEC in order to effect or maintain the qualification of this Indenture under the TIA. Upon the request of the Company accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental indentureIndenture, and upon receipt by the Trustee of the documents described in Section 7.02 7.2 hereof, the Trustee shall join with the Company and the Guarantors in the execution of any amended or supplemental indenture Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Indenture (SFC New Holdings Inc)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 hereof, without the consent of this Indentureany Holder of Notes, the Company, the Guarantors a Subsidiary Guarantor (with respect to a Subsidiary Guarantee or this Indenture to which it is a party) and the Trustee may amend or supplement this Indenture Indenture, the Notes or the Notes without the consent of any Holder of a NoteSubsidiary Guarantees: (a) to cure any ambiguity, defect or inconsistency; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes; (c) to provide for the assumption of the Company's obligations to the Holders of the Notes pursuant to comply with Article 5 or 11 hereof; (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (e) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not not, in the Opinion of Counsel, adversely affect the legal rights hereunder of any Holder of the Notesuch Holder; (f) to comply with Article 10 hereof; or (ge) to comply with requirements of the SEC Commission in order to effect or maintain the qualification of this Indenture under the TIA; or (f) to allow any Subsidiary Guarantor to guarantee the Notes. Upon the written request of the Company accompanied by a resolution of its Board of Directors Resolution authorizing the execution of any such amended or supplemental indenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereofan Officer's Certificate and an Opinion of Counsel, the Trustee shall join with the Company and the Guarantors Subsidiary Guarantors, if any, in the execution of any amended or supplemental indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Indenture (Duane Reade Inc)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 of this Indenture, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture or the Notes without the consent of any Holder of a Note: (a) to cure any ambiguity, defect or inconsistency; (b) to provide for uncertificated Notes in addition to or in place of certificated NotesNotes or to alter the provisions of Article 2 hereof (including the related definitions) in a manner that does not materially adversely affect any Holder; (c) to provide for the assumption of the Company's obligations to the Holders of the Notes by a successor to the Company pursuant to Article 5 hereof; (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (e) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder of any Holder of the Notesuch Holder; (f) to comply with Article 10 hereof; or (ge) to comply with requirements of the SEC in order to effect or maintain the qualification of this Indenture under the TIA. ; Upon the request of the Company accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental indentureIndenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof, the Trustee shall join with the Company and the Guarantors in the execution of any amended or supplemental indenture Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Indenture (Covad Communications Group Inc)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 of this Indenture, the Company, the Guarantors and the Trustee may amend or supplement this Indenture Indenture, the Notes or the Notes Subsidiary Guarantees without the consent of any Holder of a Note: (a) to cure any ambiguity, defect or inconsistency; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes; (c) to provide for the assumption of the Company's or a Guarantor's obligations to the Holders of the Notes in the case of a merger or consolidation pursuant to Article 5 hereof; (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (e) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder of any Holder of the Note; (f) to comply with Article 10 hereofNotes; or (ge) to comply with requirements of the SEC in order to effect or maintain the qualification of this Indenture under the TIA. Upon the request of the Company accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental indentureIndenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof7.02, the Trustee shall join with the Company and the Guarantors in the execution of any amended or supplemental indenture Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Indenture (Delta Woodside Industries Inc /Sc/)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 of this Indenture, the Company, the any Guarantors and the Trustee may amend or supplement this Indenture or the Notes without the consent of any Holder of a Note: (a) to cure any ambiguity, defect or inconsistency; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes; (c) to provide for the assumption of the Company's or any Guarantor's obligations to the Holders of the Notes pursuant to Article 5 hereofin the case of a merger or consolidation or sale of all or substantially all of the Company's or such Guarantor's assets; (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (e) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder of any Holder of the Note; (f) to comply with Article 10 hereofsuch Holder; or (ge) to comply with requirements of the SEC Commission in order to effect or maintain the qualification of this Indenture under the TIA. Upon the request of the Company accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental indentureIndenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof, the Trustee shall join with the Company and the Guarantors in the execution of any amended or supplemental indenture Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Indenture (Longview Fibre Co)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 of this Indenture, the Company, the Guarantors and the Trustee may amend or supplement this Indenture or Indenture, the Notes or any Guarantee thereof without the consent of any Holder of a NoteNotes: (a) to cure any ambiguity, defect or inconsistency; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes; (c) to provide for the assumption of the Company's or any Restricted Subsidiary's obligations to the Holders of Notes in the Notes case of a merger or consolidation pursuant to Article 5 Five hereof; (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (e) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder of any Holder of the Note; (f) to comply with Article 10 hereofsuch Holder; or (ge) to comply with requirements of the SEC in order to effect or maintain the qualification of this Indenture under the TIA. Upon the request of the Company accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental indentureIndenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof, the Trustee shall join with the Company and the Guarantors in the execution of any amended or supplemental indenture Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Indenture (Dyersburg Corp)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 9.2 of this Indenture, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture Indenture, the Non-Recourse Pledge Agreement or the Notes without the consent of any Holder of a Note: (a) to to, cure any ambiguity, defect or inconsistency; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes; (c) to provide for the assumption of the Company's obligations to Holders in the Holders case of a merger or consolidation or sale, assignment, transfer, lease, conveyance or other disposition of all or substantially all of the Notes Company's properties or assets pursuant to Article 5 Five hereof; (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (e) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder of any Holder of the NoteHolder; (f) to comply with Article 10 hereof; or (ge) to comply with requirements of the SEC in order to effect or maintain the qualification of this Indenture under the TIA; or (f) to evidence or provide for a replacement Trustee under Section 7.8. Upon the request of the Company accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental indentureIndenture, and upon receipt by the Trustee of the documents described in Section 7.02 9.6 hereof, the Trustee shall join with the Company and the Guarantors in the execution of any amended or supplemental indenture Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Indenture (Reeves Inc)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 of this Indenture, the Company, the Guarantors and the Trustee may amend or supplement this Indenture Indenture, the Notes, the Subsidiary Guarantees or the Notes Collateral Documents without the consent of any Holder of a Note: (a) to cure any ambiguity, defect or inconsistency; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes; (c) to provide for the assumption of the Company's obligations Obligations to the Holders of the Notes in the case of a merger, consolidation or sale of assets pursuant to Article 5 hereof; (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (e) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder of any Holder of the NoteHolder; (fe) to comply with Article 10 hereofrelease Collateral that is permitted to be released under this Indenture; or (gf) to comply with requirements of the SEC in order to effect or maintain the qualification of this Indenture under the TIA. Upon the request of the Company accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental indentureIndenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof, the Trustee shall join with the Company and the Guarantors in the execution of any amended or supplemental indenture Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Indenture (Riviera Holdings Corp)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 of this Indenture, the Company, the Guarantors Issuer and the Trustee may amend or supplement this Indenture or the Notes without the consent of any Holder of a Note: (a) to cure any ambiguity, defect or inconsistency; (b) to provide for uncertificated Notes in addition to or in place of certificated NotesNotes or to alter the provisions of Article 2 hereof (including the related definitions) in a manner that does not materially adversely affect any Holder; (c) to provide for the assumption of the CompanyIssuer's obligations to the Holders of the Notes by a successor to the Issuer pursuant to Article 5 hereof; (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (e) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder of any Holder of the Note; (f) to comply with Article 10 hereof; or (ge) to comply with requirements of the SEC in order to effect or maintain the qualification of this Indenture under the TIA. Upon the request of the Company Issuer accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental indentureIndenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof, the Trustee shall join with the Company and the Guarantors Issuer in the execution of any amended or supplemental indenture Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Indenture (Restaurant Co)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 of this Indenture, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture or the Notes without the consent of any Holder of a Note: (a) to cure any ambiguity, defect or inconsistency; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes; (c) to provide for the assumption of the Company's obligations to the Holders of Notes in the Notes case of a merger or consolidation or sale of all or substantially all of the assets of the Company pursuant to Article 5 hereof5; (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (e) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder under this Indenture of any Holder of the Notesuch Holder; (f) to comply with Article 10 hereof; or (ge) to comply with requirements of the SEC Commission in order to effect or maintain the qualification of this Indenture under the TIATIA or otherwise as necessary to comply with applicable law; (f) to make provision with respect to the conversion rights of Holders of Notes pursuant to Section 10.11 or to make provision with respect to the repurchase rights of Holders of Notes pursuant to Section 11.04; or (g) to evidence and provide for the acceptance of appointment hereunder by a successor Trustee. Upon the request of the Company accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental indentureIndenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof7.02, the Trustee shall join with the Company and the Guarantors in the execution of any amended or supplemental indenture Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee 43 44 shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Indenture (Orion Power Holdings Inc)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 of this Indenture, the Company, the Guarantors and the Trustee may amend or supplement this Indenture or the Notes without the consent of any Holder of a Note: (a) to cure any ambiguity, defect or inconsistency; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes; (c) to provide for the assumption of the Company's obligations to the Holders of the Notes in the case of a merger or consolidation pursuant to Article 5 hereof; (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (e) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder of any Holder of the Note; (f) to comply with Article 10 hereof; or (ge) to comply with requirements of the SEC Commission in order to effect or maintain the qualification of this Indenture under the TIA. Upon the request of the Company accompanied by a resolution of its the Board of Directors of the Company and each of the Guarantors, as the case may be, authorizing the execution of any such amended or supplemental indentureIndenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof, the Trustee shall join with the Company and the Guarantors in the execution of any amended or supplemental indenture Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Indenture (Forcenergy Inc)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 of this Indenture, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture or the Notes without the consent of any Holder of a Note: (a) to cure any ambiguity, defect or inconsistency; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes; (c) to provide for the assumption of the Company's obligations to the Holders of the Notes in the case of a merger or consolidation pursuant to Article 5 hereof; (d) to secure provide for additional Subsidiary Guarantors as set forth in Section 4.14 or to provide for the Notes release of a Subsidiary Guarantor pursuant to the requirements of Section 4.12 or otherwise12.04; (e) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder of any Holder of the Note; (f) to comply with Article 10 hereof; or (gf) to comply with requirements of the SEC in order to effect or maintain the qualification of this Indenture under the TIA. Upon the request of the Company accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental indentureIndenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof, the Trustee shall join with the Company and the Guarantors in the execution of any amended or supplemental indenture Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Indenture (RBX Corp)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 of this Indenture, the Company, the Guarantors Guarantors, and the Trustee may amend or supplement this Indenture or the Notes without the consent of any Holder of a Note: (a) to cure any ambiguity, defect or inconsistency; (b) to provide for uncertificated Notes in addition to or in place of certificated Definitive Notes; (c) to provide for the assumption of the Company's or any Guarantor's obligations to the Holders of the Notes pursuant to Article 5 hereofin the case of a merger or consolidation or sale of all or substantially all of the Company's or such Guarantor's assets; (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (e) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder of any Holder of the Note; (f) to comply with Article 10 hereofsuch Holder; or (ge) to comply with requirements of the SEC in order to effect or maintain the qualification of this Indenture under the TIA. . (f) Upon the request of the Company accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental indentureIndenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof, the Trustee shall join with the Company and the Guarantors in the execution of any amended or supplemental indenture Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee may, but shall not be obligated to to, enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Indenture (Aaipharma Inc)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 of this Indenture, the Company, the Guarantors and the Trustee may amend or supplement this Indenture or the Notes without the consent of any Holder of a Note: (a) to cure any ambiguity, defect or inconsistency; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes; (c) to provide for the assumption of the Company's obligations to the Holders of Notes in the Notes case of a merger or consolidation pursuant to Article 5 hereof; (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (e) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder of any Holder of the Note; (f) to comply with Article 10 hereofNotes; or (ge) to comply with requirements of the SEC Commission in order to effect or maintain the qualification of this Indenture under the TIA. Upon the request of the Company accompanied by a resolution of its Board of Directors Resolution authorizing the execution of any such amended or supplemental indenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof, the Trustee shall join with the Company and the Guarantors in the execution of any amended or supplemental indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall 57 not be obligated to enter into such amended or supplemental Indenture indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Indenture (Rayovac Corp)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 of this Indenture, the Company, the Guarantors and the Trustee may amend or supplement this Indenture or the Notes without the consent of any Holder of a Note: (a) to cure any ambiguity, defect or inconsistency; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes; (c) to provide for the assumption of the Company's obligations to the Holders of the Notes in the case of a merger or consolidation pursuant to Article 5 hereof; (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (e) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder of any Holder of the Note; (fe) to comply with Article 10 Section 10.02 hereof; or (gf) to comply with requirements of the SEC in order to effect or maintain the qualification of this Indenture under the TIA. Upon the request of the Company and the Guarantors accompanied by a resolution resolutions of its Board the Boards of Directors of the Company and the Guarantors authorizing the execution of any such amended or supplemental indenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof, the Trustee shall join with the Company and the Guarantors in the execution of any amended or supplemental indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Indenture (Wheeling Pittsburgh Corp /De/)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 of this Indenture, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture or the Notes without the consent of any Holder of a Note: (a) to cure any ambiguity, defect or inconsistency; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes; (c) to provide for the assumption of the Company's obligations to the Holders of the Notes in the case of a merger or consolidation pursuant to Article 5 Five hereof; (d) to secure the Notes pursuant to the requirements of Section 4.12 or otherwise; (e) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder of any Holder of the Note; (f) to comply with Article 10 hereof; or (ge) to comply with requirements of the SEC in order to effect or maintain the qualification of this Indenture under the TIA. Upon the request of the Company accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental indentureIndenture, and upon receipt by the Trustee of the documents described in Section 7.02 9.06 hereof, the Trustee shall join with the Company and the Guarantors in the execution of any amended or supplemental indenture Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Indenture (Apparel Retailers Inc)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 10.02 of this Indenture, the Company, the Guarantors and the Trustee may amend or supplement this Indenture or Indenture, any Collateral Agreement, the Notes and the Note Guarantees without the consent of any Holder of a NoteHolder: (a1) to cure any ambiguity, defect or inconsistency; (b2) to provide for uncertificated Notes in addition to or in place of certificated Notes; (c3) to provide for the assumption of the Company's obligations to the Holders of the Notes pursuant Company or any Guarantor to Article 5 hereofHolders in the case of a merger or consolidation or sale of all or substantially all of the Company’s or any Guarantor’s assets in accordance with the provisions of this Indenture; (d4) to effect the release of a Guarantor from its Note Guarantee and the termination of such Note Guarantee, all in accordance with the provisions of this Indenture governing such release and termination; (5) to add any Note Guarantee or to secure the Notes pursuant to the requirements of Section 4.12 or otherwiseany Note Guarantee; (e6) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder or under the Notes, the Note Guarantees or any Collateral Agreement of any Holder of the NoteHolder; (f) to comply with Article 10 hereof; or (g7) to comply with requirements of the SEC in order to effect or maintain the qualification of this Indenture under the TIA. Upon the request of the Company accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental indenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof, the Trustee shall join with the Company and the Guarantors in the execution of any amended or supplemental indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.;

Appears in 1 contract

Sources: Indenture (FiberTower CORP)

Without Consent of Holders of Notes. Notwithstanding Section 9.02 of this Indenture, the Company, the Subsidiary Guarantors and the Trustee may amend or supplement this Indenture Indenture, the Notes or the Notes Collateral Documents without the consent of any Holder of a Note: (a) to cure any ambiguity, defect or inconsistency; (b) to provide for uncertificated Notes in addition to or in place of certificated Notes; (c) to provide for the assumption of the Company's obligations to the Holders of the Notes in the case of a merger or consolidation pursuant to Article 5 hereof; (dc) to secure provide for additional Subsidiary Guarantors as set forth in Section 4.14 or to provide for the Notes release of a Subsidiary Guarantor pursuant to the requirements of Section 4.12 or otherwise12.04; (ed) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder of any Holder of the Note; (f) to comply with Article 10 hereofHolder; or (ge) to comply with requirements of the SEC in order to effect or maintain the qualification of this Indenture under the TIA. Upon the request of the Company accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental indentureIndenture, and upon receipt by the Trustee of the documents described in Section 7.02 hereof, the Trustee shall join with the Company and the Guarantors in the execution of any amended or supplemental indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture that affects its own rights, duties or immunities under this Indenture or otherwise.join

Appears in 1 contract

Sources: Indenture (RBX Corp)