Common use of With Consent of Holders Clause in Contracts

With Consent of Holders. Subject to Sections 6.04 and 6.07 and without prior notice to the Holders, the Company, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the Trustee), the Subsidiary Guarantors and the Trustee may amend this Indenture and the Notes with the consent of the Holders of a majority in aggregate principal amount of the Notes then outstanding, and the Holders of a majority in aggregate principal amount of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture or the Notes. Notwithstanding the provisions of this Section 9.02, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 10 contracts

Samples: Indenture (SPX FLOW, Inc.), Indenture (SPX FLOW, Inc.), Supplemental Indenture (Steel Dynamics Inc)

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With Consent of Holders. Subject to Sections 6.04 and 6.07 and without prior notice to the Holders, the Company, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the TrusteeResolution), the Subsidiary Guarantors and the Trustee may amend this Indenture and the Notes with the written consent of the Holders of a majority in aggregate principal amount of the Notes then outstanding, and the Holders of a majority in aggregate principal amount of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture or and the Notes. Notwithstanding the provisions of this Section 9.02, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 8 contracts

Samples: Indenture (TFM Sa De Cv), Indenture (Kansas City Southern), Kansas City Southern De Mexico, S.A. De C.V.

With Consent of Holders. Subject to Sections 6.04 Section 6.7 and 6.07 and without prior notice to the Holdersprovisions of this Section 9.2, the CompanyCompany and the Guarantors, when authorized by its Board resolutions of their respective Boards of Directors (as evidenced by a Board Resolution copies of which shall be delivered to the Trustee), the Subsidiary Guarantors and the Trustee may amend or supplement this Indenture and the Notes with the written consent of the Holders of at least a majority in aggregate principal amount of the Notes then outstanding, . Subject to Section 6.7 and the provisions of this Section 9.2, the Holders of of, in the aggregate, at least a majority in aggregate principal amount of the Notes then outstanding by written notice to the Trustee Notes affected may waive future compliance by the Company with any provision of this Indenture or the Noteswithout notice to any other Securityholder. Notwithstanding the provisions of this Section 9.02However, without the consent of each Holder Securityholder affected, an amendment amendment, supplement or waiver, including a waiver pursuant to Section 6.04, 6.4 may not:

Appears in 8 contracts

Samples: Indenture (Webcraft LLC), Indenture (Vertis Inc), Indenture (Vertis Inc)

With Consent of Holders. Subject to Sections 6.04 The Company and 6.07 and without prior notice to the Holders, the Company, any Guarantors (when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to Resolutions) and the Trustee), the Subsidiary Guarantors and the Trustee may amend this Indenture and the Notes together, with the written consent of the Holder or Holders of at least a majority in aggregate principal amount of the then outstanding Notes, may amend or supplement this Supplemental Indenture, the Notes and any Guarantees without notice to any other Holders. The Holder or Holders of a majority in aggregate principal amount of the Notes then outstanding, and the Holders of a majority in aggregate principal amount of the Notes then outstanding by written notice to the Trustee Notes may waive future compliance by the Company with any provision of this Supplemental Indenture or the Notes. Notwithstanding Notes without notice to any other Holder (including, without limitation, the provisions of this Section 9.02, without 409). Without the consent of each Holder affected, an amendment however, no amendment, supplement or waiver, including a waiver pursuant to Section 6.04613, may notmay:

Appears in 6 contracts

Samples: Supplemental Indenture (Graphic Packaging Holding Co), Supplemental Indenture (Graphic Packaging International, LLC), Graphic Packaging Holding Co

With Consent of Holders. Subject to Sections 6.04 and 6.07 and without prior notice to the Holders, the Company, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the Trustee), the Subsidiary Guarantors and the Trustee may amend this Indenture and the Notes with the written consent of the Holders of a majority in aggregate principal amount of the Notes then outstanding, and the Holders of a majority in aggregate principal amount of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture or the Notes. Notwithstanding the provisions of this Section 9.02, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 5 contracts

Samples: Indenture (Regal Cinemas Inc), Servico Market Center Inc, Primark Corp

With Consent of Holders. Subject to Sections 6.04 and 6.07 and without prior notice to the Holders, the Company, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the TrusteeResolution), the Subsidiary Guarantors and the Trustee may amend this Indenture and the Notes with the written consent of the Holders of a majority in aggregate principal amount of the Notes then outstanding, and the Holders of a majority in aggregate principal amount of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture or the Notes. Notwithstanding the provisions of this Section 9.02, without the consent of each Holder affectedaffected thereby, an amendment or waiver, including a waiver pursuant to Section 6.046.04 hereof, may not:

Appears in 5 contracts

Samples: Indenture (Colo Com), Viatel Inc, Viatel Inc

With Consent of Holders. Subject to Sections 6.04 and 6.07 and without prior notice to the Holders, the CompanyCompany and the Guarantors, when authorized by its Board their respective Boards of Directors (as evidenced by a Board Resolution delivered to the TrusteeResolution), the Subsidiary Guarantors and the Trustee may amend this Indenture and the Notes with the written consent of the Holders of not less than a majority in aggregate principal amount of the Notes then outstanding, and the Holders of not less than a majority in aggregate principal amount of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company or the Guarantors with any provision of this Indenture or the Notes. Notwithstanding the provisions of this Section 9.02, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 4 contracts

Samples: Indenture (Amtran Inc), Indenture (Amtran Inc), American Trans Air Execujet Inc

With Consent of Holders. Subject to Sections 6.04 and 6.07 and without prior notice to the Holders, the Company, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the TrusteeResolution), the Subsidiary Guarantors and the Trustee may amend this Indenture and the Notes with the written consent of the Holders of a majority in aggregate principal amount at maturity of the Notes then outstanding, and the Holders of a majority in aggregate principal amount at maturity of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture or the Notes. Notwithstanding the provisions of this Section 9.02, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 4 contracts

Samples: Indenture (McCaw International LTD), Comple Tel LLC, Allegiance Telecom Inc

With Consent of Holders. Subject to Sections 6.04 and 6.07 and without prior notice to the HoldersSection 6.04, the Company, when authorized by a Board Resolution of its Board of Directors (as evidenced by a Board Resolution delivered to the Trustee)Directors, the Subsidiary Guarantors and the Trustee may amend this Indenture and or the Notes with the written consent of the Holders of not less than a majority in aggregate principal amount of the Notes then outstanding, and the Holders of not less than a majority in aggregate principal amount of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture or the Notes. Notwithstanding the provisions of this Section 9.02, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 3 contracts

Samples: Indenture (Prime Succession Inc), Telegroup Inc, Rose Hills Co

With Consent of Holders. Subject to Sections 6.04 and 6.07 and without prior notice to the Holders, the Company, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the TrusteeResolution), the Subsidiary Guarantors and the Trustee may amend this Indenture and Supplemental Indenture, the Notes or the Guarantees with the written consent of the Holders of a majority in aggregate principal amount of the Notes then outstanding, and the Holders of a majority in aggregate principal amount of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture Supplemental Indenture, the Notes or the NotesGuarantees. Notwithstanding the foregoing provisions of this Section 9.02, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 3 contracts

Samples: Fourth Supplemental Indenture (Manitowoc Co Inc), Supplemental Indenture (Manitowoc Co Inc), First Supplemental Indenture (Manitowoc Co Inc)

With Consent of Holders. Subject to Sections 6.04 and 6.07 and without prior notice to the Holders, the Company, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the Trustee), the Subsidiary Guarantors and the Trustee may amend this Indenture and the Notes with the written consent of the Holders of a majority in aggregate principal amount of the Notes then outstanding, and the Holders of a majority in aggregate principal amount of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture or the Notes. Notwithstanding the provisions of this Section 9.02, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 3 contracts

Samples: Indenture (Dobson Wireline Co), Dobson Communications Corp, Dobson Communications Corp

With Consent of Holders. Subject to Sections 6.04 and 6.07 and without prior notice to the Holders, the Company, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the TrusteeResolution), the Subsidiary Guarantors and the Trustee may amend this Indenture and the Notes with the written consent of the Holders of not less than a majority in aggregate principal amount of the Notes then outstanding, and the Holders of not less than a majority in aggregate principal amount of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture or the Notes. Notwithstanding the provisions of this Section 9.02, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 3 contracts

Samples: Cerplex Group Inc/De, Aurora Electronics Inc, Acme Metals Inc /De/

With Consent of Holders. Subject to Sections 6.04 and 6.07 and without prior notice to the Holders, the Company, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the TrusteeResolution), the Subsidiary Guarantors and the Trustee may amend this Indenture and the Notes with the written consent of the Holders of a majority in aggregate principal amount of the Notes then outstanding, and the Holders of a majority in aggregate principal amount of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture or the Notes. Notwithstanding the provisions of this Section 9.02, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 3 contracts

Samples: Indenture (Extended Stay America Inc), Indenture (Extended Stay America Inc), Pagemart Wireless Inc

With Consent of Holders. Subject to Sections 6.04 and 6.07 ----------------------- and without prior notice to the Holders, the Company, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the Trustee), the Subsidiary Guarantors and the Trustee may amend this Indenture and the Notes with the written consent of the Holders of a majority in aggregate principal amount of the Notes then outstanding, and the Holders of a majority in aggregate principal amount of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture or the Notes. Notwithstanding the provisions of this Section 9.02, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 3 contracts

Samples: Marvel Enterprises Inc, Ipc Information Systems Inc, Urs Corp /New/

With Consent of Holders. Subject to Sections 6.04 and 6.07 and without prior notice to the Holders, the Company, The Company (when authorized by its a Board of Directors Resolution) and any Guarantors (as evidenced when authorized by a Board Resolution delivered Resolution) may, subject to Section 8.06 hereof, direct the Trustee)Trustee to modify or supplement this Indenture, the Subsidiary Guarantors and the Trustee may amend this Indenture and Guarantees and/or the Notes with the written consent of the Holders of at least a majority in aggregate principal amount of the Notes then outstanding, and the outstanding Notes. The Holders of not less than a majority in aggregate principal amount of the outstanding Notes then outstanding by written notice to the Trustee may waive future compliance in a particular instance by the Company or any Guarantor with any provision of this Indenture or the Notes. Notwithstanding the provisions of this Subject to Section 9.028.04 hereof, without the consent of each Holder affected, however, an amendment amendment, supplement or waiver, including a waiver pursuant to Section 6.046.04 hereof, may not:

Appears in 3 contracts

Samples: Indenture (Norske Skog Canada LTD), Norske Skog Canada LTD, Norske Skog Canada LTD

With Consent of Holders. Subject to Sections 6.04 and 6.07 and without prior notice to the Holders, the Company, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the Trustee), the Subsidiary Guarantors and the Trustee may amend this Indenture and the Notes with the written consent of the Holders of a majority in aggregate principal amount at maturity of the Notes then outstanding, and the Holders of a majority in aggregate principal amount at maturity of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture or the Notes. Notwithstanding the provisions of this Section 9.02, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 2 contracts

Samples: Indenture (Ipc Information Systems Inc), Ipc Information Systems Inc

With Consent of Holders. Subject to Sections 6.04 5.04 and 6.07 5.07 of this Indenture and without prior notice to the Holders, the Company, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the TrusteeResolution), the Subsidiary Guarantors and the Trustee may amend this Indenture Indenture, the Securities and the Notes Security Documents with the written consent of the Holders of a majority in aggregate principal amount of the Notes Securities then outstanding, and the Holders of a majority in aggregate principal amount of the Notes Securities then outstanding by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture Indenture, the Securities or the NotesSecurity Documents. Notwithstanding the provisions of this Section 9.028.02, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section 6.045.04, may not:

Appears in 2 contracts

Samples: Indenture (Nutritional Sourcing Corp), Security Pledge and Intercreditor Agreement (Nutritional Sourcing Corp)

With Consent of Holders. Subject to Sections 6.04 and 6.07 and without prior notice to the HoldersSection 6.07, the Company, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the Trustee), the Subsidiary Guarantors and the Trustee may amend this Indenture and or the Notes Collateral Agent, as applicable, together, with the written consent of the Holder or Holders of a majority in aggregate principal amount of the then outstanding Notes then outstanding(subject to Section 2.09), may amend, modify or supplement this Indenture, the Notes, the Guarantees, the Registration Rights Agreement and the Collateral Agreements without notice to any other Holders. Subject to Section 6.07 and Section 2.09, the Holder or Holders of a majority in aggregate principal amount of the Notes then outstanding by written notice to the Trustee Notes may waive future compliance by the Company with any provision of this Indenture Indenture, the Collateral Agreements or the NotesNotes without notice to any other Holder. Notwithstanding the provisions of this Section 9.02However, without the consent of each Holder affectedno such amendment, an amendment modification, supplement or waiver, including a waiver pursuant to Section 6.04, may notwithout the consent of:

Appears in 2 contracts

Samples: Indenture (Dune Energy Inc), Article Twelve Agreement (Dune Energy Inc)

With Consent of Holders. Subject to Sections 6.04 and 6.07 and without prior notice to the Holders, the Company, The Company (when authorized by its a Board of Directors Resolution) and any Guarantors (as evidenced when authorized by a Board Resolution delivered Resolution) may, subject to Section 9.06 hereof, direct the Trustee)Trustee to modify or supplement this Indenture, the Subsidiary Guarantors and the Trustee may amend this Indenture and Guarantees and/or the Notes with the written consent of the Holders of at least a majority in aggregate principal amount of the Notes then outstanding, and the outstanding Notes. The Holders of not less than a majority in aggregate principal amount of the outstanding Notes then outstanding by written notice to the Trustee may waive future compliance in a particular instance by the Company or any Guarantor with any provision of this Indenture or the Notes. Notwithstanding the provisions of this Subject to Section 9.029.04 hereof, without the consent of each Holder affected, however, an amendment amendment, supplement or waiver, including a waiver pursuant to Section 6.045.13 hereof, may not:

Appears in 2 contracts

Samples: Indenture (Norske Skog Canada LTD), Indenture (Norske Skog Canada LTD)

With Consent of Holders. Subject to Sections 6.04 and 6.07 and without prior notice to the Holders, the Company, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the Trustee), the Subsidiary Guarantors and the Trustee may amend this Indenture and the Notes with the written consent of the Holders of a majority in aggregate principal amount of the Notes then outstanding, and the Holders of a majority in aggregate principal amount of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture or and the Notes. Notwithstanding the provisions of this Section 9.02, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 2 contracts

Samples: Knology Inc, Knology Holdings Inc /Ga

With Consent of Holders. Subject to Sections 6.04 and 6.07 ----------------------- 6.08 and without prior notice to the Holders, the Company, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the Trustee), the Subsidiary Guarantors and the Trustee may amend this Indenture and the Notes with the written consent of the Holders of a majority in aggregate principal amount of the Notes then outstanding, and the Holders of a majority in aggregate principal amount of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture or the Notes. Notwithstanding the provisions of this Section 9.02, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 2 contracts

Samples: Indenture (Aon Corp), Indenture (Aon Corp)

With Consent of Holders. (a) Subject to Sections 6.04 and 6.07 and without prior notice to the Holders, the CompanyIssuer, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the TrusteeResolution), the Subsidiary Guarantors and the Trustee may amend this Indenture and Indenture, the Notes and/or the Guarantees with the written consent of the Holders of a majority in aggregate principal amount of the Notes then outstanding, and the Holders of a majority in aggregate principal amount of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company Issuer with any provision of this Indenture or Indenture, the NotesNotes and/or the Guarantees. Notwithstanding the foregoing provisions of this Section 9.02, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 2 contracts

Samples: Indenture (Manitowoc Co Inc), Indenture (Manitowoc Foodservice, Inc.)

With Consent of Holders. Subject to Sections 6.04 and SECTION 6.07 and without prior notice to the HoldersARTICLE XIII, the CompanyCompany and the Guarantors, when authorized by its Board a resolution of Directors (as evidenced by a Board Resolution delivered to the Trustee)their respective Boards of Directors, the Subsidiary Guarantors and the Trustee may amend or supplement this Indenture and or the Notes with the written consent of the Holders of at least a majority in principal amount of the outstanding Notes (including consents obtained in connection with a tender offer or exchange offer for the Notes). Subject to SECTION 6.07, the Holders of a majority in aggregate principal amount of the outstanding Notes then outstanding, and the Holders of a majority in aggregate principal amount of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company or any Guarantor with any provision of this Indenture or the Notes. Notwithstanding the provisions of this Section 9.02However, without the consent of each Holder affected, an amendment amendment, supplement or waiver, including a waiver pursuant to Section SECTION 6.04, may not:

Appears in 2 contracts

Samples: Polymer Group Inc, Polymer Group Inc

With Consent of Holders. Subject to Sections SECTIONS 6.04 and 6.07 and without prior notice to the Holders, the Company, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the Trustee), the Subsidiary Guarantors and the Trustee may amend this Indenture and the Notes with the written consent of the Holders of a majority in aggregate principal amount of the Notes then outstandingoutstanding affected by such amendment, and the Holders of a majority in aggregate principal amount of the Notes then outstanding affected by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture or the Notes. Notwithstanding the provisions of this Section SECTION 9.02, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section SECTION 6.04, may not:

Appears in 2 contracts

Samples: Registration Rights Agreement (Stone Container Corp), Stone Container Corp

With Consent of Holders. (a) Subject to Sections 6.04 and 6.07 and without prior notice to the HoldersSection 6.07, the Company, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the Trustee)Resolution, the Subsidiary Guarantors and the Trustee may amend this Indenture and the Notes Trustee, together, with the written consent of the Holder or Holders of at least a majority in aggregate principal amount of the then outstanding Notes, may amend or supplement this Indenture, the Notes or the Guarantees, without notice to any other Noteholders. Subject to Section 6.07, the Holder or Holders of a majority in aggregate principal amount of the outstanding Notes then outstanding, and the Holders of a majority in aggregate principal amount of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company or any Guarantor with any provision of this Indenture Indenture, the Notes or the NotesGuarantees without notice to any other Noteholder. Notwithstanding the provisions of this Section 9.02No amendment, without the consent of each Holder affected, an amendment supplement or waiver, including a waiver pursuant to Section 6.04, may notshall, without the consent of each Holder of each Note affected thereby:

Appears in 2 contracts

Samples: Registration Rights Agreement (Management Solutins Inc/), Management Solutins Inc/

With Consent of Holders. Subject to Sections 6.04 and 6.07 and without prior notice to the Holders, the Company, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the TrusteeResolution), the Subsidiary Guarantors and the Trustee may amend this Indenture and the Notes with the written consent of the Holders of a majority in aggregate principal amount at maturity of the Notes then outstanding, and the Holders of a majority in aggregate principal amount at maturity of the Notes then outstanding by written notice to the Trustee may waive future aggregate compliance by the Company with any provision of this Indenture or the Notes. Notwithstanding the provisions of this Section 9.02, without the consent of each Holder affectedaffected thereby, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 2 contracts

Samples: Viatel Inc, Viatel Inc

With Consent of Holders. Subject to Sections 6.04 and 6.07 and without prior notice to the Holders, the Company, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the Trustee), the Subsidiary Guarantors Guarantor and the Trustee may amend this Indenture and the Notes with the written consent of the Holders of a majority in aggregate principal amount of the Notes then outstandingoutstanding affected by such amendment, and the Holders of a majority in aggregate principal amount of the Notes then outstanding affected by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture or the Notes. Notwithstanding the provisions of this Section 9.02, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 2 contracts

Samples: Jsce Inc, Evergreen International Aviation Inc

With Consent of Holders. Subject to Sections 6.04 and 6.07 6.08 and without prior notice to the Holders, the Company, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the Trustee), the Subsidiary Guarantors and the Trustee may amend this Indenture and the Notes with the written consent of the Holders of a majority in aggregate principal amount of the Notes then outstanding, and the Holders of a majority in aggregate principal amount of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture or the Notes. Notwithstanding the provisions of this Section 9.02, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 2 contracts

Samples: Indenture (Citizens Banking Corp), Aon Corp

With Consent of Holders. Subject Unless the Securities Resolution otherwise provides, subject to Sections 6.04 and 6.07 and without prior notice to the Holders, the Company, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the TrusteeResolution), the Subsidiary Guarantors and the Trustee may amend this Indenture and the Notes with the written consent of the Holders of a majority in aggregate principal amount of the Notes then outstanding, and the Holders of a majority in aggregate principal amount of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture or and the Notes. Notwithstanding the foregoing provisions of this Section 9.02, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 2 contracts

Samples: Permar Systems, Inc., Multiplex Co Inc

With Consent of Holders. Subject to Sections 6.04 and 6.07 and without prior notice to the Holders, the CompanyCompany and the Guarantors, when authorized by its Board their respective Boards of Directors (as evidenced by a Board Resolution delivered to the TrusteeResolution), the Subsidiary Guarantors and the Trustee may amend this Indenture and the Notes with the written consent of the Holders of a majority in aggregate principal amount of the Notes then outstanding, and the Holders of a majority in aggregate principal amount of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture or the Notes. Notwithstanding the provisions of this Section 9.02, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 2 contracts

Samples: Graphic Packaging Corp, Agco Corp /De

With Consent of Holders. Subject to Sections 6.04 and 6.07 and without prior notice to the Holders, the CompanyIssuer, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the Trustee), the Subsidiary Guarantors and the Trustee may amend this Indenture Indenture, the Notes and the Notes Escrow Agreement with the written consent of the Holders of a majority in aggregate principal amount of the Notes then outstanding, and the Holders of a majority in aggregate principal amount of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company Issuer with any provision of this Indenture or Indenture, the NotesNotes and the Escrow Agreement. Notwithstanding the provisions of this Section 9.02, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 2 contracts

Samples: Indenture (Multicare Companies Inc), Genesis Eldercare Acquisition Corp

With Consent of Holders. Subject to Sections 6.04 and 6.07 and without prior notice to the Holders, the Company, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the Trustee), the Subsidiary Guarantors (in their capacity as Guarantors) and the Trustee may amend this Indenture and the Notes with the consent of the Holders of a majority in aggregate principal amount of the Notes then outstanding, and the Holders of a majority in aggregate principal amount of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture or the Notes. Notwithstanding the provisions of this Section 9.02, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 2 contracts

Samples: Sothebys, Indenture (Sothebys)

With Consent of Holders. Subject to Sections 6.04 and 6.07 and without prior notice to the Holders, the Company, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the TrusteeResolution), the Subsidiary Guarantors and the Trustee may amend this Indenture and the Notes with the written consent of the Holders of a majority in aggregate principal amount of the Notes then outstanding, and the Holders of a majority in aggregate principal amount of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture or and the Notes. Notwithstanding the provisions of this Section 9.02, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:;

Appears in 2 contracts

Samples: Indenture (Kansas City Southern), Indenture (TFM Sa De Cv)

With Consent of Holders. Subject to Sections 6.04 and 6.07 and without prior notice to the Holders, the Company, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the Trustee), the Subsidiary Guarantors and the Trustee may amend this Indenture and the Notes with the consent of the Holders of not less than a majority in aggregate principal amount of the Notes then outstanding, and the Holders of a majority in aggregate principal amount of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture or the Notes. Notwithstanding the provisions of this Section 9.02, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 2 contracts

Samples: Supplemental Indenture (Steel Dynamics Inc), Execusion Version (Steel Dynamics Inc)

With Consent of Holders. Subject to Sections 6.04 6.4 and 6.07 6.7 of this Indenture and without prior notice to the Holders, the CompanyHoldings, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the TrusteeResolution), the Subsidiary Guarantors and the Trustee may amend this Indenture and the Notes Securities with the written consent of the Holders of not less than a majority in aggregate principal amount of the Notes Securities then outstanding, and the Holders of a majority in aggregate principal amount of the Notes Securities then outstanding by written notice to the Trustee may waive future compliance by the Company Holdings with any provision of this Indenture or the NotesSecurities. Notwithstanding the provisions of this Section 9.029.2, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section 6.046.4, may not:

Appears in 1 contract

Samples: Indenture (Silgan Holdings Inc)

With Consent of Holders. Subject to Sections 6.04 and 6.07 and without prior notice to the Holders, the CompanyCompany and JLL, when authorized by its their Board of Directors (as evidenced by a Board Resolution delivered to the Trustee), the Subsidiary Guarantors and the Trustee may amend this Indenture and the Notes with the written consent of the Holders of a majority in aggregate principal amount of the Notes then outstanding, and the Holders of a majority in aggregate principal amount of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture or the Notes. Notwithstanding the provisions of this Section 9.02, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 1 contract

Samples: Jones Lang Lasalle Inc

With Consent of Holders. Subject to Sections 6.04 6.4 and 6.07 6.7 and ----------------------- without prior notice to the Holders, the Company, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the TrusteeResolution), the Subsidiary Guarantors and the Trustee may amend this Indenture and the Notes with the written consent of the Holders of not less than a majority in of the aggregate principal amount of the Notes then outstanding, and the Holders of not less than a majority in of the aggregate principal amount of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture or the Notes. Notwithstanding the provisions of this Section 9.029.2, without the consent of each Holder affected, an amendment or of waiver, including a waiver pursuant to Section 6.046.4, may not:

Appears in 1 contract

Samples: Omnipoint Corp \De\

With Consent of Holders. Subject to Sections 6.04 and 6.07 and without prior notice to the HoldersSection 6.07, the Company, and the Guarantors, if any, when each is authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the Trustee)of their respective Boards of Directors, the Subsidiary Guarantors and the Trustee may amend or supplement this Indenture and or the Notes or the Guarantees, if any, with the written consent of the Holders of at least a majority in principal amount of the outstanding Notes. Subject to Section 6.07, the Holders of a majority in aggregate principal amount of the outstanding Notes then outstanding, and the Holders of a majority in aggregate principal amount of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company Company, or any Guarantor with any provision of this Indenture or Indenture, the Notes, or any Guarantees. Notwithstanding the provisions of this Section 9.02However, without the consent of each Holder affected, an amendment amendment, supplement or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 1 contract

Samples: Supplemental Indenture (TNP Enterprises Inc)

With Consent of Holders. Subject to Sections 6.04 6.4 and 6.07 6.7 and ----------------------- without prior notice to the Holders, the Company, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the TrusteeResolution), the Subsidiary Guarantors and the Trustee may amend this Indenture and the Notes and the Escrow Agreement with the written consent of the Holders of not less than a majority in of the aggregate principal amount of the Notes then outstanding, and the Holders of not less than a majority in of the aggregate principal amount of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture or the Notes. Notwithstanding the provisions of this Section 9.029.2, without the consent of each Holder affected, an amendment or of waiver, including a waiver pursuant to Section 6.046.4, may not:

Appears in 1 contract

Samples: Omnipoint Corp \De\

With Consent of Holders. Subject to Sections 6.04 and 6.07 and without prior notice to the Holders, the Company, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the TrusteeResolution), the Subsidiary Guarantors and the Trustee may amend this Indenture and the Notes with the written consent of the Holders of a majority in aggregate principal amount of the Notes then outstanding, and the Holders of a majority in aggregate principal amount of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture or the Notes. Notwithstanding the provisions of this Section 9.02, without the consent of each Holder affectedaffected thereby, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 1 contract

Samples: Viatel Inc

With Consent of Holders. Subject to Sections 6.04 and 6.07 ----------------------- and without prior notice to the Holders, the Company, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the Trustee), the Subsidiary Guarantors and the Trustee may amend this Indenture Indenture, the Pledge Agreement and the Notes with the written consent of the Holders of a majority in aggregate principal amount of the Notes then outstanding, and the Holders of a majority in aggregate principal amount of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture Indenture, the Notes or the NotesPledge Agreement. Notwithstanding the provisions of this Section 9.02, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 1 contract

Samples: TVN Entertainment Corp

With Consent of Holders. Subject to Sections 6.04 and 6.07 and without prior notice to the Holders, the Company, the Subsidiary Guarantors when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the Trustee), the Subsidiary Guarantors and the Trustee may amend this Indenture Indenture, the Note Guarantees and the Notes with the written consent of the Holders of a majority in aggregate principal amount of the Notes then outstanding, and the Holders of a majority in aggregate principal amount of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture Indenture, the Note Guarantees or the Notes. Notwithstanding the provisions of this Section 9.02, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 1 contract

Samples: Indenture (Pacificare Health Systems Inc /De/)

With Consent of Holders. Subject to Sections 6.04 ----------------------- and 6.07 and without prior notice to the Holders, the Company, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the TrusteeResolution), the Subsidiary Guarantors and the Trustee may amend this Indenture and Indenture, the Notes or the Guarantees with the written consent of the Holders of a majority in aggregate principal amount of the Notes then outstanding, and the Holders of a majority in aggregate principal amount of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture Indenture, the Notes or the NotesGuarantees. Notwithstanding the foregoing provisions of this Section 9.02, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 1 contract

Samples: Manitowoc Co Inc

With Consent of Holders. Subject to Sections 6.04 and 6.07 and without prior notice to the Holders, the Company, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the Trustee), the Subsidiary Guarantors and the Trustee may amend this Indenture Indenture, the Notes and the Notes Pledge Agreement with the written consent of the Holders of a majority in aggregate principal amount of the Notes then outstanding, and the Holders of a majority in aggregate principal amount of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture or Indenture, the NotesNotes and the Pledge Agreement. Notwithstanding the provisions of this Section 9.02, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 1 contract

Samples: Indenture (Bti Telecom Corp)

With Consent of Holders. Subject to Sections 6.04 and 6.07 and ---------------------------- without prior notice to the Holders, the Company, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the Trustee), the Subsidiary Guarantors and the Trustee may amend this Indenture and the Notes with the written consent of the Holders of a majority in aggregate principal amount of the Notes then outstanding, and the Holders of a majority in aggregate principal amount of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture or the Notes. Notwithstanding the provisions of this Section 9.02, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 1 contract

Samples: CFW Communications Co

With Consent of Holders. Subject to Sections 6.04 6.4 and 6.07 6.7 ----------------------- and without prior notice to the Holders, the Company, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the TrusteeResolution), the Subsidiary Guarantors and the Trustee may amend this Indenture Indenture, the Notes and the Notes Security Documents (or provide a direction to the Collateral Trustee to amend the Security Documents) with the consent of the Holders of not less than a majority in aggregate principal amount at maturity of the Notes then outstanding, and the Holders of a majority in aggregate principal amount of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture or the Notes. Notwithstanding the provisions of this Section 9.029.2, without the consent of each Holder affected, affected an amendment or waiver, waiver including a waiver pursuant to Section 6.04, 6.4. may not:

Appears in 1 contract

Samples: Earthwatch Inc

With Consent of Holders. Subject to Sections 6.04 and 6.07 ----------------------- and without prior notice to the Holders, the Company, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the Trustee), the Subsidiary Guarantors and the Trustee may amend this Indenture Indenture, the Notes and the Notes Pledge Agreement with the written consent of the Holders of a majority in aggregate principal amount of the Notes then outstanding, and the Holders of a majority in aggregate principal amount of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture or Indenture, the NotesNotes and the Pledge Agreement. Notwithstanding the provisions of this Section 9.02, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 1 contract

Samples: Itc Deltacom Inc

With Consent of Holders. Subject to Sections 6.04 and 6.07 and without prior notice to the Holders, the CompanyObligors, when authorized by its Board their Boards of Directors (as evidenced by a Board Resolution Resolutions delivered to the Trustee), the Subsidiary Guarantors and the Trustee may amend this Indenture and the Notes with the written consent of the Holders of a majority in aggregate principal amount of the Notes then outstanding, and the Holders of a majority in aggregate principal amount of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company Obligors with any provision of this Indenture or the Notes. Notwithstanding the provisions of this Section 9.02, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 1 contract

Samples: Indenture (Time Warner Telecom LLC)

With Consent of Holders. Subject to Sections 6.04 and ----------------------- 6.07 and without prior notice to the Holders, the Company, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the TrusteeResolution), the Subsidiary Guarantors and the Trustee may amend this Indenture and the Notes Debentures with the written consent of the Holders of not less than a majority in aggregate principal amount of the Notes then outstandingoutstanding Debentures, and the Holders of not less than a majority in aggregate principal amount of the Notes then outstanding Debentures by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture or the NotesDebentures. Notwithstanding the provisions of this Section 9.02, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 1 contract

Samples: Silgan Holdings Inc

With Consent of Holders. Subject to Sections 6.04 6.4 and 6.07 6.7 and without prior notice to the Holders, the Company, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the TrusteeResolution), the Subsidiary Guarantors and the Trustee may amend this Indenture Indenture, the Notes and the Notes Security Documents (or provide a direction to the Collateral Trustee to amend the Security Documents) with the consent of the Holders of not less than a majority in aggregate principal amount at maturity of the Notes then outstanding, and the Holders of a majority in aggregate principal amount of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture or the Notes. Notwithstanding the provisions of this Section 9.029.2, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section 6.046.4, may not:

Appears in 1 contract

Samples: Senior Notes Indenture (Earthwatch Inc)

With Consent of Holders. Subject to Sections 6.04 and 6.07 and without prior notice to the Holders, the Company, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the TrusteeResolution), the Subsidiary Guarantors and the Trustee may amend this Indenture and the Notes with the written consent of the Holders of not less than a majority in aggregate principal amount of the Notes then outstandingoutstanding Notes, and the Holders of not less than a majority in aggregate principal amount of the outstanding Notes then outstanding by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture or the Notes. Notwithstanding the provisions of this Section 9.02, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 1 contract

Samples: Indenture (Silgan Holdings Inc)

With Consent of Holders. Subject to Sections 6.04 and 6.07 and without prior notice to the HoldersSection 6.07, the CompanyCompany and the Guarantors, when authorized by a resolution of its Board Boards of Directors (as evidenced by a Board Resolution delivered to the Trustee)Directors, the Subsidiary Guarantors and the Trustee may amend or supplement this Indenture and or the Notes with the written consent of the Holders of at least a majority in aggregate principal amount of the outstanding Notes (including consents obtained in connection with a tender offer or exchange offer for the Notes). Subject to Section 6.07, the Holders of a majority in aggregate principal amount of the outstanding Notes then outstanding, and the Holders of a majority in aggregate principal amount of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company or any Guarantor with any provision of this Indenture or the Notes. Notwithstanding the provisions of this Section 9.02However, without the consent of each Holder affected, an amendment amendment, supplement or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 1 contract

Samples: Amo Holdings LLC

With Consent of Holders. Subject to Sections 6.04 5.12 and 6.07 and without prior notice to the Holders5.13, the Company, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the Trustee), the Subsidiary Guarantors Company and the Trustee may shall amend this Indenture and Indenture, the Notes or the Intercreditor Agreement with the written consent of the Holders of not less than a majority in aggregate principal amount of the Notes then outstandingOutstanding Notes, and the Holders of not less than a majority in aggregate principal amount of the Outstanding Notes then outstanding by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture or the Notes. Notwithstanding the provisions of this Section 9.02, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section 6.045.13, may not:

Appears in 1 contract

Samples: Galaxy Cable Inc

With Consent of Holders. Subject to Sections ----------------------- 6.04 and 6.07 and without prior notice to the Holders, the Company, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the TrusteeResolution), the Subsidiary Guarantors and the Trustee may amend this Indenture and the Notes with the written consent of the Holders of a majority in aggregate principal amount at maturity of the Notes then outstanding, and the Holders of a majority in aggregate principal amount at maturity of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture or the Notes. Notwithstanding the provisions of this Section 9.02, without the consent of each Holder affectedaffected thereby, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 1 contract

Samples: Icg Services Inc

With Consent of Holders. Subject to Sections 6.04 and 6.07 and without prior notice to the Holders, the Company, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the TrusteeResolution), the Subsidiary Guarantors and the Trustee may amend this Indenture and the Notes with the written consent of the Holders of a majority in aggregate principal amount at maturity of the Notes then outstanding, and the Holders of a majority in aggregate principal amount at maturity of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture or and the Notes. Notwithstanding the provisions of this Section 9.02, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 1 contract

Samples: Amazon Com Inc

With Consent of Holders. Subject to Sections Section 6.04 and 6.07 and Section 6.07, without prior notice to the any Holders, the Company, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the Trustee), the Subsidiary Guarantors Company and the Trustee may amend this Indenture and the Notes and the Second Priority Collateral Documents with the written consent of the Holders of not less than a majority in aggregate principal Principal amount of the outstanding Notes then outstanding, affected by such amendment (voting as a single class) and the Holders of a majority in aggregate principal amount of the outstanding Notes then outstanding affected thereby (voting as a single class) by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture or the Notes. Notwithstanding the provisions of this Section 9.02, without the consent of each Holder affectedaffected thereby, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 1 contract

Samples: Indenture (Aes Corporation)

With Consent of Holders. Subject to Sections 6.04 and 6.07 and without prior notice to the HoldersSection 6.07, the Company, when authorized by resolution of its Board of Directors (as evidenced by a Board Resolution delivered to the Trustee)Directors, the Subsidiary Guarantors and the Trustee may amend this Indenture and or the Notes with the written consent of the Holders of a majority in aggregate principal amount of the Notes then outstanding, and the Holders of a majority in aggregate principal amount of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture or the Notes. Notwithstanding the provisions of this Section 9.02, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 1 contract

Samples: _______________________________________________________________ _______________________________________________________________ (Isp Holdings Inc)

With Consent of Holders. Subject to Sections 6.04 and 6.07 and without prior notice to the HoldersSection 6.07, the CompanyCompany and the Guarantors, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to Resolution, and the Trustee), the Subsidiary Guarantors and the Trustee may amend this Indenture and the Notes together with the written consent of the Holder or Holders of at least a majority in aggregate principal amount of the outstanding Notes (subject to Section 2.09), may amend or supplement this Indenture, the Notes or the Guarantees without notice to any other Holders. Subject to Section 6.07 and Section 2.09, the Holder or Holders of a majority in aggregate principal amount of the outstanding Notes then outstanding, and the Holders of a majority in aggregate principal amount of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture or the NotesNotes without notice to any other Holder. Notwithstanding the provisions of this Section 9.02However, without the consent of each Holder affectedno amendment, an amendment supplement or waiver, including a waiver pursuant to Section 6.04, may notshall without the consent of each Holder of each Note affected thereby:

Appears in 1 contract

Samples: Indenture, (Nationsrent Companies Inc)

With Consent of Holders. Subject to Sections 6.04 and 6.07 and without prior notice to the Holders, the Company, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the Trustee), the Subsidiary Guarantors and the Trustee may amend or supplement this Indenture and the Notes with the written consent of the Holders of a majority not less than 66 2/3% in aggregate principal amount of the Notes then outstanding, and the Holders of a majority not less than 66 2/3% in aggregate principal amount of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture or the Notes. Notwithstanding the provisions of this Section 9.02, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 1 contract

Samples: Indenture (Urs Corp /New/)

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With Consent of Holders. Subject to Sections 6.04 and 6.07 and without prior notice to the Holders, the Company, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the TrusteeResolution), the Subsidiary Guarantors and the Trustee may amend this Indenture Indenture, the Pledge Agreement and the Notes with the written consent of the Holders of a majority in aggregate principal amount of the Notes then outstanding, and the Holders of a majority in aggregate principal amount of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture Indenture, the Pledge Agreement or the Notes. Notwithstanding the provisions of this Section 9.02, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 1 contract

Samples: Indenture (Us Xchange LLC)

With Consent of Holders. Subject to Sections 6.04 and 6.07 and without prior notice to the Holders, the Company, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the Trustee), the Subsidiary Guarantors Guarantor and the Trustee may amend this Indenture and the Notes with the written consent of the Holders of a majority in aggregate principal amount of the Notes then outstanding, and the Holders of a majority in aggregate principal amount of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture or the Notes. Notwithstanding the provisions of this Section 9.02, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 1 contract

Samples: Knowles Electronics LLC

With Consent of Holders. Subject to Sections 6.04 and 6.07 and without prior notice to the Holders, the CompanyIssuer, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the Trustee), the Subsidiary Guarantors Issuer and the Trustee may amend this Indenture and the Notes with the written consent of the Holders of a majority in aggregate principal amount of the Notes then outstandingoutstanding affected by such amendment, and the Holders of a majority in aggregate principal amount of the Notes then outstanding affected by written notice to the Trustee may waive future compliance by the Company Issuer with any provision of this Indenture or the Notes. Notwithstanding the provisions of this Section 9.02, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 1 contract

Samples: Smurfit-Stone Container Enterprises Inc

With Consent of Holders. Subject to Sections 6.04 and 6.07 and without prior notice to the Holders, the Company, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the TrusteeResolution), the Subsidiary Guarantors and the Trustee may amend this Indenture and the Notes with the written consent of the Holders of a majority in aggregate principal amount at maturity of the Notes then outstanding, and the Holders of a majority in aggregate principal amount at maturity of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture or the Notes. Notwithstanding the provisions of this Section 9.02, without the consent of each Holder affectedaffected thereby, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 1 contract

Samples: Indenture (KMC Telecom Holdings Inc)

With Consent of Holders. Subject to Sections 6.04 and 6.07 and without prior notice to the Holders, the CompanyObligors, when authorized by its Board their respective Boards of Directors (as evidenced by a Board Resolution delivered to the TrusteeResolutions), the Subsidiary Guarantors and the Trustee may amend this Indenture and the Notes with the written consent of the Holders of a majority in aggregate principal amount of the Notes then outstanding, and the Holders of a majority in aggregate principal amount of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company Obligors with any provision of this Indenture or the Notes. Notwithstanding the provisions of this Section 9.02, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 1 contract

Samples: Indenture (Time Warner Telecom LLC)

With Consent of Holders. Subject to Sections 6.04 and 6.07 and without prior notice to the Holders, the Company, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the TrusteeResolution), the Subsidiary Guarantors and the Trustee may amend this Indenture and Indenture, the Notes or the Guarantees with the written consent of the Holders of a majority in aggregate principal amount of the Notes then outstanding, and the Holders of a majority in aggregate principal amount of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture Indenture, the Notes or the NotesGuarantees. Notwithstanding the foregoing provisions of this Section 9.02, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 1 contract

Samples: Manitowoc Co Inc

With Consent of Holders. Subject to Sections 6.04 and 6.07 and without prior notice to the Holders, the CompanyCompany and the Subsidiary Guarantors, when authorized by its their Board of Directors (as evidenced by a Board Resolution delivered to the TrusteeResolution), the Subsidiary Guarantors and the Trustee may amend this Indenture and the Notes with the written consent of the Holders of a majority in aggregate principal amount of the Notes then outstanding, and the Holders of not less than a majority in aggregate principal amount of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company and the Subsidiary Guarantors with any provision of this Indenture or the Notes. Notwithstanding the provisions of this Section 9.02; provided, however, that no such modification, amendment or waiver may, without the consent of each affected Holder affected, an amendment or waiver, including (with respect to any Notes held by a waiver pursuant to Section 6.04, may not:non-consenting Holder):

Appears in 1 contract

Samples: PAETEC Holding Corp.

With Consent of Holders. Subject to ----------------------- Sections 6.04 and 6.07 and without prior notice to the Holders, the Company, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the TrusteeResolution), the Subsidiary Guarantors and the Trustee may amend this Indenture and the Notes with the written consent of the Holders of a majority in aggregate principal amount at maturity of the Notes then outstanding, and the Holders of a majority in aggregate principal amount at maturity of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture or the Notes. Notwithstanding the provisions of this Section 9.02, without the consent of each Holder affectedaffected thereby, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 1 contract

Samples: Icg Services Inc

With Consent of Holders. Subject to Sections 6.04 and 6.07 and without prior notice to the Holders, the Company, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the Trustee), the Subsidiary Guarantors and the Trustee may amend this Indenture and the Notes with the written consent of the Holders of a majority in aggregate principal amount of the Notes then outstanding, and the Holders of a majority in aggregate principal amount of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture or and the Notes. Notwithstanding the provisions of this Section 9.02, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 1 contract

Samples: Itc Deltacom Inc

With Consent of Holders. Subject to Sections 6.04 and 6.07 and without prior notice to the HoldersSection 6.07, the Company, and the Guarantors, when each is authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the Trustee)of their respective Boards of Directors, the Subsidiary Guarantors and the Trustee may amend or supplement this Indenture and or the Notes or the Guarantees with the written consent of the Holders of at least a majority in principal amount of the outstanding Notes. Subject to Section 6.07, the Holders of a majority in aggregate principal amount of the outstanding Notes then outstanding, and the Holders of a majority in aggregate principal amount of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company Company, or any Guarantor, with any provision of this Indenture Indenture, the Notes, or the NotesGuarantees. Notwithstanding the provisions of this Section 9.02However, without the consent of each Holder affected, an amendment amendment, supplement or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 1 contract

Samples: Brickman Group LTD

With Consent of Holders. Subject to Sections 6.04 and 6.07 and without prior notice to the Holders, the Company, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the TrusteeResolution), the Subsidiary Guarantors and the Trustee may amend this Indenture and the Notes with the written consent of the Holders of a majority in aggregate principal amount of the Notes then outstanding, and the Holders of a majority in aggregate principal amount of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture or the Notes. Notwithstanding the provisions of this Section 9.02, without the consent of each Holder affectedaffected thereby, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 1 contract

Samples: Viatel Inc

With Consent of Holders. Subject to Sections 6.04 and 6.07 and without prior notice to the Holders, the Company, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the Trustee), the Subsidiary Guarantors and the Trustee may amend this Indenture and the Notes with the written consent of the Holders of a majority in aggregate principal amount of the Notes then outstanding, and the Holders of a majority in aggregate principal amount of the Notes then outstanding Outstanding by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture or and the Notes. Notwithstanding the provisions of this Section 9.02, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 1 contract

Samples: Indenture (Advanced Lighting Technologies Inc)

With Consent of Holders. Subject to Sections 6.04 and 6.07 and without prior notice to the Holders, the CompanyIssuer and the Guarantor, when authorized by its the Board of Directors (as evidenced by a Board Resolution delivered to Resolution) and a resolution of the Trustee), board of directors of the Subsidiary Guarantors and the Trustee may amend this Indenture Indenture, the Notes and the Notes Pledge Agreement with the consent of the Holders of not less than a majority in aggregate principal amount at maturity of the Notes then outstanding, and the Holders of a majority in aggregate principal amount of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture or the Notes. Notwithstanding the provisions of this Section 9.02, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 1 contract

Samples: Collateral Pledge and Security Agreement (RSL Communications PLC)

With Consent of Holders. Subject to Sections 6.04 and 6.07 and without prior notice to the Holders, the Company, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the TrusteeResolution), the Subsidiary Guarantors and the Trustee may amend this Indenture Indenture, the Pledge Agreement and the Notes with the written consent of the Holders of a majority in aggregate principal amount of the Notes then outstanding, and the Holders of a majority in aggregate principal amount of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture Indenture, the Notes or the NotesPledge Agreement. Notwithstanding the provisions of this Section 9.02, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:: (i) change the Stated Maturity of the principal of, or any installment of interest on, any Note,

Appears in 1 contract

Samples: Long Distance International Inc

With Consent of Holders. Subject to Sections 6.04 and 6.07 and without prior notice to the HoldersSection 6.04, the Company, when authorized by a Board Resolution of its Board of Directors (as evidenced by a Board Resolution delivered to the Trustee)Directors, the Subsidiary Guarantors and the Trustee may amend this Indenture and or the Notes with the written consent of the Holders of not less than a majority in aggregate principal amount at maturity of the Notes then outstanding, and the Holders of not less than a majority in aggregate principal amount of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture or the Notes. Notwithstanding the provisions of this Section 9.02, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 1 contract

Samples: Telegroup Inc

With Consent of Holders. Subject to Sections 6.04 and 6.07 ----------------------- and without prior notice to the Holders, the Obligors and the Company, when authorized by its Board their Boards of Directors Directors, (as evidenced by a Board Resolution delivered to the TrusteeResolution), the Subsidiary Guarantors and the Trustee may amend this Indenture and the Notes with the written consent of the Holders of a majority in aggregate principal amount at maturity of the Notes then outstanding, and the Holders of a majority in aggregate principal amount at maturity of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Obligors or the Company with any provision of this Indenture or the Notes. Notwithstanding the provisions of this Section 9.02, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 1 contract

Samples: Renaissance Media Capital Corp

With Consent of Holders. Subject to Sections Section 6.04 and 6.07 and Section 6.07, without prior notice to the any Holders, the Company, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the Trustee), the Subsidiary Guarantors Company and the Trustee may amend this Indenture and the Notes with the written consent of the Holders of not less than a majority in aggregate principal Principal amount of the outstanding Notes then outstanding, affected by such amendment (voting as a single class) and the Holders of a majority in aggregate principal amount of the outstanding Notes then outstanding affected thereby (voting as a single class) by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture or the Notes. Notwithstanding the provisions of this Section 9.02, without the consent of each Holder affectedaffected thereby, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 1 contract

Samples: Senior Indenture (Aes Corporation)

With Consent of Holders. Subject to Sections 6.04 and 6.07 and without prior notice to the Holders, the Company, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the TrusteeResolution), the Subsidiary Guarantors and the Trustee may amend this Indenture Indenture, the Pledge Agreement and the Notes with the written consent of the Holders of a majority in aggregate principal amount of the Notes then outstanding, and the Holders of a majority in aggregate principal amount of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture Indenture, the Notes or the NotesPledge Agreement. Notwithstanding the provisions of this Section 9.02, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 1 contract

Samples: Indenture (Allegiance Telecom Inc)

With Consent of Holders. Subject to Sections 6.04 ----------------------- and 6.07 and without prior notice to the Holders, the Company, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the TrusteeResolution), the Subsidiary Guarantors and the Trustee may amend this Indenture and the Notes with the written consent of the Holders of a majority in aggregate principal amount of the Notes then outstanding, and the Holders of a majority in aggregate principal amount of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture or the Notes. Notwithstanding the provisions of this Section 9.02, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 1 contract

Samples: Comple Tel Europe Nv

With Consent of Holders. Subject to Sections 6.04 and 6.07 and --------------------------- without prior notice to the Holders, the Company, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the Trustee), the Subsidiary Guarantors and the Trustee may amend this Indenture and the Notes with the written consent of the Holders of a majority in aggregate principal amount of the Notes then outstanding, and the Holders of a majority in aggregate principal amount of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture or the Notes. Notwithstanding the provisions of this Section 9.02, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 1 contract

Samples: CFW Communications Co

With Consent of Holders. Subject to Sections 6.04 and 6.07 and without prior notice to the Holders, the Company, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the Trustee), the Subsidiary Guarantors and the Trustee may amend this Indenture and the Notes Debentures with the written consent of the Holders of a majority in aggregate principal amount of the Notes Debentures then outstanding, and the Holders of a majority in aggregate principal amount of the Notes Debentures then outstanding by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture or the NotesDebentures. Notwithstanding the provisions of this Section 9.02, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 1 contract

Samples: Indenture (Regal Cinemas Inc)

With Consent of Holders. Subject to Sections 6.04 and 6.07 and without prior notice to the Holders, the CompanyCompany and the Guarantors, when authorized by its Board their respective Boards of Directors (as evidenced by a Board Resolution delivered to the Trustee), the Subsidiary Guarantors and the Trustee may amend this Indenture and the Notes with the written consent of the Holders of a majority in aggregate principal amount of the Notes then outstanding, and the Holders of a majority in aggregate principal amount of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture or the Notes. Notwithstanding the provisions of this Section 9.02, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 1 contract

Samples: Indenture (Ccir of California Corp)

With Consent of Holders. Subject to Sections 2.09, 6.04 and 6.07 and without prior notice to the Holders, the CompanyCompany and the Guarantor, when authorized by its their respective Board of Directors (as evidenced by a Board Resolution delivered to the TrusteeResolution), the Subsidiary Guarantors and the Trustee may amend this Indenture and the Notes with the written consent of the Holders of not less than a majority in aggregate principal amount of the Notes then outstanding, and the Holders of not less than a majority in aggregate principal amount of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Guarantor or the Company with any provision of this Indenture or the Notes. Notwithstanding the provisions of this Section 9.02, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 1 contract

Samples: Scotsman Industries Inc

With Consent of Holders. Subject to Sections 6.02, 6.04 and 6.07 and without prior notice to the Holders, the Company, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the TrusteeResolution), the Subsidiary Guarantors and the Trustee may amend this Indenture and Indenture, the Notes with the written consent of the Holders of not less than a majority in aggregate principal amount at maturity of the Notes then outstanding, and the Holders of not less than a majority in aggregate principal amount at maturity of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture or the Notes. Notwithstanding the provisions of this Section 9.02, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 1 contract

Samples: Econophone Inc

With Consent of Holders. Subject to Sections 6.04 and 6.07 ----------------------- and without prior notice to the Holders, the Company, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the Trustee), the Subsidiary Guarantors and the Trustee may amend this Indenture and the Notes with the written consent of the Holders of a majority in aggregate principal amount of the Notes then outstanding, and the Holders of a majority in aggregate principal amount of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture or and the Notes. Notwithstanding the provisions of this Section 9.02, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 1 contract

Samples: Itc Deltacom Inc

With Consent of Holders. Subject to Sections 6.04 and 6.07 ----------------------- and without prior notice to the Holders, the Company, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the TrusteeResolution), the Subsidiary Guarantors and the Trustee may amend this Indenture and the Notes with the written consent of the Holders of not less than a majority in aggregate principal amount of the Notes then outstandingoutstanding Notes, and the Holders of not less than a majority in aggregate principal amount of the outstanding Notes then outstanding by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture or the Notes. Notwithstanding the provisions of this Section 9.02, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 1 contract

Samples: Indenture (Silgan Holdings Inc)

With Consent of Holders. Subject to Sections 6.04 Section 6.7 and 6.07 and without prior notice to the Holdersprovisions of this Section 9.2, the CompanyCompany and the Guarantor, when authorized by its Board resolutions of their respective Boards of Directors (as evidenced by a Board Resolution copies of which shall be delivered to the Trustee), the Subsidiary Guarantors and the Trustee may amend or supplement this Indenture and the Notes with the written consent of the Holders of at least a majority in aggregate principal amount of the Notes then outstanding, . Subject to Section 6.7 and the provisions of this Section 9.2, the Holders of of, in the aggregate, at least a majority in aggregate principal amount of the Notes then outstanding by written notice to the Trustee Notes affected may waive future compliance by the Company with any provision of this Indenture or the Noteswithout notice to any other Securityholder. Notwithstanding the provisions of this Section 9.02However, without the consent of each Holder Securityholder affected, an amendment amendment, supplement or waiver, including a waiver pursuant to Section 6.04, 6.4 may not:

Appears in 1 contract

Samples: Novink (World Color Press Inc.)

With Consent of Holders. Subject to Sections 6.04 and 6.07 Section 8.07 and without prior notice to the Holders, the Company, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the TrusteeResolution), the Subsidiary Guarantors and the Trustee may amend this Indenture and the Notes Debentures with the written consent of the Holders of a majority in aggregate principal amount of the Notes Debentures then outstanding, and the Holders of a majority in aggregate principal amount of the Notes Debentures then outstanding by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture or the NotesDebentures. Notwithstanding the provisions of this Section 9.02, without the consent of each Holder affectedaffected thereby, an amendment or waiver, including a waiver pursuant to Section 6.047.04, may not:

Appears in 1 contract

Samples: Viatel Inc

With Consent of Holders. Subject to Sections 6.04 and 6.07 and without prior notice to the Holders, the Company, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the TrusteeResolution), the Subsidiary Guarantors and the Trustee may amend this Indenture and the Notes with the written consent of the Holders of not less than a majority in aggregate principal amount at maturity of the Notes then outstanding, and the Holders of not less than a majority in aggregate principal amount at maturity of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture or the Notes. Notwithstanding the provisions of this Section 9.02, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 1 contract

Samples: Central European Media Enterprises LTD

With Consent of Holders. Subject to Sections 6.04 and 6.07 and without prior notice to the Holders, the Company, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the TrusteeResolution), the Subsidiary Guarantors and the Trustee may amend this Indenture Indenture, the Notes and the Notes Pledge Agreement with the written consent of the Holders of not less than a majority in aggregate principal amount of the Notes then outstanding, and the Holders of not less than a majority in aggregate principal amount of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture Indenture, the Notes or the NotesPledge Agreement. Notwithstanding the provisions of this Section 9.02, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 1 contract

Samples: Powertel Inc /De/

With Consent of Holders. Subject to Sections 6.04 and 6.07 and without prior notice to the Holders, the Company, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the Trustee), the Subsidiary Guarantors and the Trustee may amend this Indenture and the Notes with the written consent of the Holders of not less than a majority in aggregate principal amount of the Notes then outstanding, and the Holders of not less than a majority in aggregate principal amount of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture or the Notes. Notwithstanding the provisions of this Section 9.02, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 1 contract

Samples: Ingram Micro Inc

With Consent of Holders. Subject to Sections SECTIONS 6.04 and 6.07 and without prior notice to the Holders, the Company, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the Trustee), the Subsidiary Guarantors Guarantor and the Trustee may amend this Indenture and the Notes with the written consent of the Holders of a majority in aggregate principal amount of the Notes then outstandingoutstanding affected by such amendment, and the Holders of a majority in aggregate principal amount of the Notes then outstanding affected by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture or the Notes. Notwithstanding the provisions of this Section SECTION 9.02, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section SECTION 6.04, may not:

Appears in 1 contract

Samples: Registration Rights Agreement (Jsce Inc)

With Consent of Holders. Subject to Sections 6.04 and 6.04, 6.07 and without 9.01 and with prior notice to the Holders, the Company, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the TrusteeResolution), the Subsidiary Guarantors and the Trustee may amend this Indenture and the Notes with the written consent of the Holders of a majority in aggregate principal amount of the Notes then outstanding, and the Outstanding. The Holders of a majority in aggregate principal amount of the Notes then outstanding Outstanding by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture or the Notes. Notwithstanding the provisions of this Section 9.02, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 1 contract

Samples: Innova S De Rl

With Consent of Holders. Subject to Sections 6.04 and 6.07 and without prior notice to the Holders, the Company, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the TrusteeResolution), the Subsidiary Guarantors and the Trustee may amend this Indenture and the Notes Securities of a Series with the written consent of the Holders of a majority in aggregate principal amount of the Notes Securities of a Series then outstanding, and the Holders of a majority in aggregate principal amount of the Notes Securities of a Series then outstanding by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture or the NotesSecurities of a Series. Notwithstanding the provisions of this Section 9.02, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 1 contract

Samples: Indenture (Winstar Communications Inc)

With Consent of Holders. Subject to Sections 6.04 6.4 and 6.07 6.7 and without prior notice to the Holders, the Company, Company when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the TrusteeResolution), the Subsidiary Guarantors Guarantors, and the Trustee may amend this Indenture and the Notes with the written consent of the Holders of not less than a majority in aggregate principal amount of the Notes then outstanding, and the Holders of not less than a majority in aggregate principal amount of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture or the Notes. Notwithstanding the provisions of this Section 9.029.2, without the consent of each Holder affected, an a modification, amendment or waiver, including a waiver pursuant to Section 6.046.4, may not:

Appears in 1 contract

Samples: Wyndham Hotel Corp

With Consent of Holders. (a) Subject to Sections 6.04 and 6.07 and without prior notice to the HoldersSection 6.07, the Company, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to Resolution, and the Trustee), the Subsidiary Guarantors and the Trustee may amend this Indenture and the Notes together, with the written consent of the Holder or Holders of at least a majority in aggregate principal amount of the then outstanding Notes, may amend or supplement this Indenture, the Notes or the Guarantees, without notice to any other Noteholders. Subject to Section 6.07, the Holder or Holders of a majority in aggregate principal amount of the outstanding Notes then outstanding, and the Holders of a majority in aggregate principal amount of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company or any Guarantor with any provision of this Indenture Indenture, the Notes or the NotesGuarantees without notice to any other Noteholder. Notwithstanding the provisions of this Section 9.02No amendment, without the consent of each Holder affected, an amendment supple- ment or waiver, including a waiver pursuant to Section 6.04, may notshall, without the consent of each Holder of each Note affected thereby:

Appears in 1 contract

Samples: Tokheim Corp

With Consent of Holders. Subject to Sections 6.04 and 6.07 ----------------------- and without prior notice to the Holders, the Company, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the Trustee), the Subsidiary Guarantors and the Trustee may amend this Indenture and the Notes with the written consent of the Holders of a majority in aggregate principal amount at maturity of the Notes then outstanding, and the Holders of a majority in aggregate principal amount at maturity of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture or and the Notes. Notwithstanding the provisions of this Section 9.02, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section 6.04, may not:

Appears in 1 contract

Samples: Diva Systems Corp

With Consent of Holders. Subject to Sections 6.04 5.04 and 6.07 ----------------------- 5.07 and without prior notice to the Holders, the Company, when authorized by its Board of Directors (as evidenced by a Board Resolution delivered to the TrusteeResolution), the Subsidiary Guarantors and the Trustee may amend this Indenture and the Notes with the written consent of the Holders of a majority in aggregate principal amount at maturity of the Notes then outstanding, and the Holders of a majority in aggregate principal amount at maturity of the Notes then outstanding by written notice to the Trustee may waive future compliance by the Company with any provision of this Indenture or the Notes. Notwithstanding the provisions of this Section 9.028.02, without the consent of each Holder affected, an amendment or waiver, including a waiver pursuant to Section 6.045.04, may not:

Appears in 1 contract

Samples: Indenture (Loudcloud Inc)

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