Common use of Amended Provisions Clause in Contracts

Amended Provisions. The Indenture is hereby amended to: (a) In Section 6.5, replace the words “security and indemnity satisfactory to it against any loss, liability or expense” with the words “a Satisfactory Indemnity with respect to such direction” and replace the words “security or indemnification satisfactory to it in its sole discretion against all losses, liabilities and expenses that may be caused by taking or not taking such action” with the words “a Satisfactory Indemnity with respect to taking or not taking such action”. (b) In Section 6.6, replace the words in the first paragraph “indemnity or security satisfactory to it against any loss, liability or expense”, the words in clause (c) “security or indemnity reasonably satisfactory to it in respect of any loss, liability or expense” and the words in clause (d) “security or indemnity” with, in each case, the words “a Satisfactory Indemnity”. (c) In Section 6.6, delete the lead-in to the last sentence of the first paragraph thereof in its entirety and replace it with the following: “Except to enforce the right to receive payment of principal, premium, if any, or interest, when due, no Holder may pursue any remedy upon, arising from, in connection with, under or with respect to this Indenture, the Notes, the Recapitalization Transactions or the Released Claims (as set forth in Section 11.18 of this Indenture) or for the appointment of a trustee, receiver, liquidator, custodian or other similar official or for any other remedy unless:” (d) In Section 6.6(b), add “To the fullest extent permitted by law,” before “Holders”. (e) In Section 6.6(b), replace the words “25.0%” with the words “100.0%”. (f) In Section 6.6(d) and (e), replace the words “60 days” with “120 days”. (g) In Section 6.11, replace the words “10.0%” with the words “50.0%”. (h) In Section 7.1, replace the words in clause (f) “indemnity satisfactory to it” with the words “a Satisfactory Indemnity” and replace the words in clause (h) “, security, prefunding or indemnity satisfactory to it against the costs, expenses (including reasonable attorneys’ fees and expenses) and liabilities that might be incurred by it in compliance with such request or direction” with the words “a Satisfactory Indemnity with respect to such request or direction”. (i) In Section 7.7(c), replace the word “mail” with “deliver”. (j) In Section 7.7(d), replace the words “10.0%” with the words “66 2/3%”.

Appears in 4 contracts

Samples: Second Supplemental Indenture (Neiman Marcus Group LTD LLC), Second Supplemental Indenture (Neiman Marcus Group LTD LLC), Supplemental Indenture

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