Common use of Amendment of Article 8 Clause in Contracts

Amendment of Article 8. Subject to Section 3 hereof, the Indenture is hereby amended by adding the following to Section 8.06 as the last paragraph: “Notwithstanding anything in this Article Eight to the contrary, upon the Co-Issuers’ written request, the Trustee may use amounts held in trust in connection with a satisfaction and discharge of the Indenture to pay all principal and interest due to Holders who tender their Notes to the Co-Issuers for purchase before such Notes are paid in full at redemption or maturity, as the case may be, as long as the Co-Issuers deliver to the Trustee an Officers’ Certificate stating that sufficient funds will remain in deposit to pay at redemption or maturity, as the case may be, all principal and interest due on Notes not tendered for purchase.”

Amendment of Article 8. Subject to Section 3 hereof, the Indenture is hereby amended by adding the following to Section 8.06 as the last paragraph: “Notwithstanding anything in this Article Eight to the contrary, upon the Co-Issuers’ Company’s written request, the Trustee may use amounts held in trust in connection with a satisfaction and discharge of the Indenture to pay all principal and interest due to Holders who tender their Notes to the Co-Issuers Company for purchase before such Notes are paid in full at redemption or maturity, as the case may be, as long as the Co-Issuers deliver Company delivers to the Trustee an Officers’ Certificate stating that sufficient funds will remain in deposit to pay at redemption or maturity, as the case may be, all principal and interest due on Notes not tendered for purchase.”