With Consent of Holders. (a) The Company, when authorized by a Board Resolution, and the Trustee may amend or supplement this Indenture or the Securities of one or more Series with the written consent of the Holders of not less than a majority in aggregate principal amount of the outstanding Securities of such Series affected by such amendment or supplement without notice to any Securityholder. The Holders of not less than a majority in aggregate principal amount of the outstanding Securities of each such Series affected by such amendment or supplement may waive compliance by the Company in a particular instance with any provision of this Indenture or the Securities of such Series without notice to any Securityholder. Subject to Section 8.4, without the consent of each Securityholder affected, however, an amendment, supplement or waiver may not:
Appears in 37 contracts
Samples: Indenture (Nephros Inc), Indenture (Verastem, Inc.), Indenture (Novavax Inc)
With Consent of Holders. (a) The Company, when authorized by a Board Resolution, and the Trustee may amend or supplement this Indenture or the Securities of one or more Series with the written consent of the Holders of not less than a majority in aggregate principal amount of the outstanding Securities of such Series affected by such amendment or supplement without notice to any Securityholder. The Holders of not less than a majority in aggregate principal amount of the outstanding Securities of each such Series affected by such amendment or supplement may waive compliance by the Company in a particular instance by the Company with any provision of this Indenture or the Securities of such Series without notice to any Securityholder. Subject to Section 8.4, without the consent of each Securityholder affected, however, an amendment, supplement or waiver, including a waiver pursuant to Section 6.4, may not:
Appears in 24 contracts
Samples: Axcelis Technologies Inc, Axcelis Technologies Inc, Axcelis Technologies Inc
With Consent of Holders. (a) The CompanySubject to Sections 6.04 and 6.07, when authorized by a Board Resolutionwithout prior notice to any Holders, the Company and the Trustee may amend or supplement this Indenture or and the Securities of one or more Series any series with the written consent of the Holders of not less than a majority in aggregate principal amount of the outstanding Securities of such Series all series affected by such amendment or supplement without notice to any Securityholder. The (all such series voting as a separate class), and the Holders of not less than a majority in aggregate principal amount of the outstanding Securities of each all series affected thereby (all such Series affected series voting as a separate class) by such amendment or supplement written notice to the Trustee may waive future compliance by the Company in a particular instance with any provision of this Indenture or the Securities of such Series without notice to any Securityholderseries. Subject to Notwithstanding the provisions of this Section 8.49.02, without the consent of each Securityholder affected, howeverHolder affected thereby, an amendmentamendment or waiver, supplement or including a waiver pursuant to Section 6.04, may not:
Appears in 18 contracts
Samples: Senior Indenture (VCI Global LTD), Default and Remedies (SharpLink Gaming, Inc.), VCI Global LTD
With Consent of Holders. (a) The Company, when authorized by a Board Resolution, Company and the Trustee as to any series of Securities may amend or supplement this Indenture or the such series of Securities of one or more Series without notice to any Securityholder but with the written consent of the Holders of not less than at least a majority in aggregate principal amount of the then outstanding Securities of such Series each series affected by such amendment or supplement without notice to any Securityholdersupplement, with each such series voting as a separate class. The Holders of not less than a majority in aggregate principal amount of the any series of Securities then outstanding Securities of each such Series affected by such amendment or supplement may also waive compliance by the Company in a particular instance by the Company with any provision of this Indenture or the Securities with respect to that series of such Series without notice to any Securityholder. Subject to Section 8.4Securities; provided, however, that without the consent of each Securityholder affected, however, an amendment, supplement or waiver, including a waiver pursuant to Section 6.04, may not:
Appears in 11 contracts
Samples: Circus Circus Enterprises Inc, Circus Circus Enterprises Inc, Circus Finance Ii
With Consent of Holders. (a) The Company, when authorized by a Board Resolution, Company and the Trustee may amend or supplement this Indenture or the Securities of one or more Series any series without notice to any Securityholder but with the written consent of the Holders of not less than a majority in aggregate principal amount of the outstanding Securities of such Series affected by such amendment or supplement without notice to any Securityholder. The Holders of not less than a majority in aggregate principal amount of the outstanding Securities of each such Series series affected by such amendment or supplement supplement. The Holders of a majority in aggregate principal amount of the outstanding Securities of any series may on behalf of the Holders of all Securities of such series waive compliance by the Company in a particular instance with any provision of this Indenture or the of Securities of such Series series without notice to any Securityholder. Subject to Section 8.4, without Without the consent of each Securityholder affected, however, an the amendment, supplement or waiver, including a waiver pursuant to Section 6.04, may not:
Appears in 8 contracts
Samples: Circus Finance Ii, Tci Communications Financing Iv, Tci Communications Financing Vi
With Consent of Holders. (a) The CompanySubject to Sections 6.04 and 6.07, when authorized by a Board Resolutionwithout prior notice to any Holders, the Company and the Trustee may amend or supplement this Indenture or and the Securities of one or more Series any series with the written consent of the Holders of not less than a majority in aggregate principal amount of the outstanding Securities of such Series all series affected by such amendment or supplement without notice to any Securityholder. The (all such series voting as one class), and the Holders of not less than a majority in aggregate principal amount of the outstanding Securities of each all series affected thereby (all such Series affected series voting as one class) by such amendment or supplement written notice to the Trustee may waive future compliance by the Company in a particular instance with any provision of this Indenture or the Securities of such Series without notice to any Securityholderseries. Subject to Notwithstanding the provisions of this Section 8.49.02, without the consent of each Securityholder affected, howeverHolder affected thereby, an amendmentamendment or waiver, supplement or including a waiver pursuant to Section 6.04, may not:
Appears in 7 contracts
Samples: Indenture (Donaldson Lufkin & Jenrette Inc /Ny/), Indenture (Donaldson Lufkin & Jenrette Inc /Ny/), Subordinated Indenture (Donaldson Lufkin & Jenrette Inc /Ny/)
With Consent of Holders. (a) The Company, when authorized by a Board Resolution, and the Trustee may amend or supplement this Indenture or the Securities of one or more Series with the written consent of the Holders of not less than a majority in aggregate principal amount of the outstanding Securities of such Series affected by such amendment or supplement without notice to any Securityholder. The Holders of not less than a majority in aggregate principal amount of the outstanding Securities of each such Series affected by such amendment or supplement may waive compliance by the Company in a particular instance by the Company with any provision of this Indenture or the Securities of such Series without notice to any Securityholder. Subject to Section 8.4, without the consent of each Securityholder affected, however, an amendment, supplement or waiver may not:
Appears in 6 contracts
Samples: Indenture (Cytomedix Inc), Indenture (Cytomedix Inc), Indenture (Us Dataworks Inc)
With Consent of Holders. (a) The Company, when authorized by a Board Resolution, and the Trustee may amend amend, restate or supplement this Indenture or the Securities of one or more Series with the written consent of the Holders of not less than a majority in aggregate principal amount of the outstanding Securities of such Series affected by such amendment amendment, restatement or supplement without notice to any Securityholder. The Holders of not less than a majority in aggregate principal amount of the outstanding Securities of each such Series affected by such amendment amendment, restatement or supplement may waive compliance by the Company in a particular instance with any provision of this Indenture or the Securities of such Series without notice to any Securityholder. Subject to Section 8.4, without the consent of each Securityholder affected, however, an amendment, supplement or waiver may not:
Appears in 2 contracts
Samples: Velo3D, Inc., Velo3D, Inc.
With Consent of Holders. (a) The Company, when authorized by a Board Resolution, and the Trustee may amend or supplement this Indenture or the Securities of one or more Series with the written consent of the Holders of not less than a majority in aggregate principal amount of the outstanding Securities of such Series affected by such amendment or supplement without notice to any Securityholder. The Holders of not less than a majority in aggregate principal amount of the outstanding Securities of each such Series affected by such amendment or supplement may waive compliance by the Company in a particular instance with any provision of this Indenture or the Securities of such Series without notice to any Securityholder. Subject Unless otherwise indicated for a particular Series by Board Resolution, a supplemental indenture hereto or an Officers’ Certificate, subject to Section 8.4, without the consent of each Securityholder affected, however, an amendment, supplement or waiver may not:
Appears in 2 contracts
Samples: Indenture (Ocugen, Inc.), Collegium Pharmaceutical, Inc
With Consent of Holders. (a) The Company, when authorized by a Board Resolution, and the Trustee may amend or supplement this Indenture or the Securities of one or more Series with the written consent of the Holders of not less than a majority in aggregate principal amount of the outstanding Securities of such Series affected by such amendment or supplement without notice to any Securityholder. The Holders of not less than a majority in aggregate principal amount of the outstanding Securities of each such Series affected by such amendment or supplement may waive compliance by the Company in a particular instance by the Company with any provision of this Indenture or the Securities of such Series without notice to any Securityholder. Subject to Section 8.48.4 hereof, without the consent of each Securityholder affected, however, an amendment, supplement or waiver, including a waiver pursuant to Section 6.4 hereof, may not:
Appears in 1 contract
Samples: Indenture (Shore Bancshares Inc)
With Consent of Holders. (a) The Company, when authorized by a Board Resolution, and the Trustee may amend or supplement this Indenture or the Securities of one or more Series with the written consent of the Holders of not less than a majority in aggregate principal amount of the outstanding Securities of such Series affected by such amendment or supplement without notice to any Securityholder. The Holders of not less than a majority in aggregate principal amount of the outstanding Securities of each such Series affected by such amendment or supplement may waive compliance by the Company in a particular instance by the Company with any provision of this Indenture or the Securities of such Series without notice to any Securityholder. Subject to Section 8.4, without the consent of each Securityholder affected, however, an amendment, supplement or waiver, including a waiver pursuant to Section 6.4, may not:
Appears in 1 contract
Samples: Lamar Electrical Inc
With Consent of Holders. (a) The Company, when authorized by a Board Resolution, Company and the Trustee as to any series of Securities may amend or supplement this Indenture or the such series of Securities of one or more Series without notice to any Securityholder but with the written consent of the Holders of not less than at least a majority in aggregate principal amount of the then outstanding Securities of such Series each series affected by such amendment or supplement without notice to any Securityholdersupplement, with each such series voting as a separate class. The Holders of not less than a majority in aggregate principal amount of the any series of Securities then outstanding Securities of each such Series affected by such amendment or supplement may also waive compliance by the Company in a particular instance by the Company with any provision of this Indenture or the Securities with respect to that series of such Series without notice to any Securityholder. Subject to Section 8.4Securities; PROVIDED, however, that without the consent of each Securityholder affected, however, an amendment, supplement or waiver, including a waiver pursuant to Section 6.04, may not:
Appears in 1 contract
Samples: Circus Circus Enterprises Inc
With Consent of Holders. (a) The Company, when authorized by a Board Resolution, Company and the Trustee may amend amend, restate or supplement this Indenture or the Securities of one or more Series with the written consent of the Holders of not less than a majority in aggregate principal amount of the outstanding Securities of such Series affected by such amendment amendment, restatement or supplement without notice to any Securityholder. The Holders of not less than a majority in aggregate principal amount of the outstanding Securities of each such Series affected by such amendment amendment, restatement or supplement may waive compliance by the Company in a particular instance with any provision of this Indenture or the Securities of such Series without notice to any Securityholder. Subject to Section 8.4, without the consent of each Securityholder affected, however, an amendment, supplement or waiver may not:
Appears in 1 contract
With Consent of Holders. (a) The Company, when authorized by a Board Resolution, and the Trustee may amend or supplement this Indenture or the Securities of one or more Series with the written consent of the Holders of not less than a majority in aggregate principal amount of the outstanding Securities of such Series affected by such amendment or supplement without notice to any Securityholder. The Holders of not less than a majority in aggregate principal amount of the outstanding Securities of each such Series affected by such amendment or supplement may waive compliance by the Company in a particular instance with any provision of this Indenture or the Securities of such Series without notice to any Securityholder. Subject to Section 8.4, without the consent of each Securityholder affected, however, an amendment, supplement or waiver may not:
Appears in 1 contract
Samples: Indenture (Verastem, Inc.)