Common use of Without Consent of the Holders Clause in Contracts

Without Consent of the Holders. The Company and the Trustee (including in its capacity as Second Lien Collateral Agent) may amend or supplement this Indenture, the Notes or the Security Agreements without notice to or the consent of any Holder: (1) to cure any ambiguity, defect or inconsistency in this Indenture, the Notes or the Security Agreements; (2) to comply with Article 5; (3) to comply with any requirements of the SEC in connection with the qualification of this Indenture under the TIA; (4) to evidence and provide for the acceptance of an appointment by a successor Trustee or Second Lien Collateral Agent; (5) to provide for uncertificated Notes in addition to or in place of certificated Notes; (6) to provide for any Guarantee of the Notes, to secure the Notes or to confirm and evidence the release, termination or discharge of any Guarantee of or Lien securing the Notes when such release, termination or discharge is permitted by this Indenture; (7) to add to the covenants of the Company or its Restricted Subsidiaries, as applicable, for the benefit of the Holders of such Notes or to surrender any right or power conferred upon the Company or its Restricted Subsidiaries by this Indenture; or (8) to make any other change that does not adversely affect the rights of any Holder.

Without Consent of the Holders. The Company and the Trustee (including in its capacity as Second Lien Collateral Agent) may amend or supplement this Indenture, the Notes or the Security Agreements without notice to or the consent of any Holder: (1) to cure any ambiguity, defect or inconsistency in this Indenture, the Notes or the Security Agreements; (2) to comply with Article 5; (3) to comply with any requirements of the SEC in connection with the qualification of this Indenture under the TIATrust Indenture Act; (4) to evidence and provide for the acceptance of an appointment by a successor Trustee or Second Lien Collateral Agent; (5) to provide for uncertificated Notes in addition to or in place of certificated Notes; (6) to provide for any Guarantee of the Notes, to secure the Notes or to confirm and evidence the release, termination or discharge of any Guarantee of or Lien securing the Notes when such release, termination or discharge is permitted by this IndentureIndenture and, in the case of a release, termination or discharge of a Lien securing the Notes, the Collateral Trust Agreement; (7) to provide for or confirm the issuance of Additional Notes; (8) to conform the text of this Indenture, the Notes or the Security Agreements to any provision of the “Description of Notes” section of the offering memorandum dated February 24, 2010 relating to the offering by the Company of the Notes; (9) to add to the covenants of the Company or its Restricted Subsidiaries, as applicable, for the benefit of the Holders of such Notes or to surrender any right or power conferred upon the Company or its Restricted Subsidiaries by this Indenture; or (8) 10) to make any other change that does not materially and adversely affect the rights of any Holder.

Without Consent of the Holders. The Company and the Trustee (including in its capacity as Second Lien Collateral Agent) may amend or supplement this Indenture, the Notes or the Security Agreements without notice to or the consent of any Holder: (1) to cure any ambiguity, defect or inconsistency in this Indenture, the Notes or the Security Agreements; (2) to comply with Article 5; (3) to comply with any requirements of the SEC in connection with the qualification of this Indenture under the TIATrust Indenture Act; (4) to evidence and provide for the acceptance of an appointment by a successor Trustee or Second Lien Collateral Agent; (5) to provide for uncertificated Notes in addition to or in place of certificated Notes; (6) to provide for any Guarantee of the Notes, to secure the Notes or to confirm and evidence the release, termination or discharge of any Guarantee of or Lien securing the Notes when such release, termination or discharge is permitted by this IndentureIndenture and, in the case of a release, termination or discharge of a Lien securing the Notes, the Collateral Trust Agreement; (7) to provide for or confirm the issuance of Additional Notes; (8) to conform the text of this Indenture, the Notes or the Security Agreements to any provision of the “Description of Notes” section of the offering memorandum dated March 10, 2011 relating to the offering by the Company of the Notes; (9) to add to the covenants of the Company or its Restricted Subsidiaries, as applicable, for the benefit of the Holders of such Notes or to surrender any right or power conferred upon the Company or its Restricted Subsidiaries by this Indenture; or (8) 10) to make any other change that does not materially and adversely affect the rights of any Holder.