Amendment of the Indenture. Section 3.02(e) of the Indenture shall be amended by deleting the same in its entirety and replacing it with:
Amendment of the Indenture. The Issuer covenants that, except as may be necessary to protect the tax-exempt status of the Bonds, it will take no action to amend or supplement the Indenture in any manner that would adversely affect the interests of the Agency without obtaining the prior consent of the Agency.
Amendment of the Indenture. The Indenture is hereby amended as follows:
Amendment of the Indenture. The Company shall have obtained the consent of holders of not less than two-thirds in principal amount of the Company's senior notes issued pursuant to the Indenture dated as of February 6, 1997 between the Company and The Bank of New York, as Trustee (the "INDENTURE") to the valid and effective amendment of the Indenture pursuant to an instrument in substantially the form provided to the Purchasers on the date hereof, unless otherwise agreed to by the Company and Two-Thirds in Interest of the Purchasers;
Amendment of the Indenture. Section 1.01. Amendment to Section 1.01 of the Indenture. The Company, the Note Guarantors and the Trustee hereby agree to amend Section 1.01, and Section
1.01 is hereby amended by:
(a) Adding the following language at the end of the definition of Consolidated Interest Expense:
(b) Adding to the definition of Refinancing Indebtedness the following italicized words:
Amendment of the Indenture. Section 1.01. Amendment to Section 1.01 of the Indenture. The Company, the Note Guarantors and the Trustee hereby agree to amend Section 1.01, and Section 1.01 is hereby amended by
(a) adding the following definitions to Section 1.01 in the appropriate alphabetical order:
Amendment of the Indenture. In accordance with the Article 9 of the Indenture, the Indenture shall be amended to provide that (i) upon the consummation of the Hexcel Offering or any other registered underwritten public offering of the Hexcel common stock, in each case, occurring prior to the first anniversary of the consummation of the GS Sale, the principal of and accrued interest on all Securities (as such term is defined in the Indenture) shall be due and payable and (ii) upon the consummation of the GS Sale, all of the covenants set forth in Article 4 of the Indenture (other than Sections 4.01 and 4.10 which shall continue in full force and effect) shall be of no further force and effect.
Amendment of the Indenture. The Indenture is hereby amended as follows: a. Each of Sections 5.01(a)(3), 5.01(a)(4), 5.01(a)(5), 6.01(5), 6.01(6), 6.01(7), 6.01(9) and 6.01(10) of the Indenture is hereby amended and restated in its entirety as follows: “Reserved” b. Section 5.01(a)(2) of the Indenture is hereby amended and restated in its entirety as follows: “the Successor Company assumes all the obligations of the Company under the Notes and this Indenture pursuant to agreements reasonably satisfactory to the Trustee;” c. Section 6.01(3) of the Indenture is hereby amended and restated in its entirety as follows: “(3) failure by the Company or any of its Restricted Subsidiaries to comply with 5.01 or Article 15 hereof;” d. Section 6.02 of the Indenture is hereby amended and restated in its entirety as follows:
Amendment of the Indenture. Party B will not, without the prior written consent of Party A, amend or otherwise modify the Indenture or adopt a supplemental indenture in any manner that would adversely and materially affect: (i) the rights of Party A under the Indenture or this Agreement, (ii) the obligations of Party A under this Agreement or (iii) any term used herein and defined in the Indenture or any component thereof. Party B will provide at least 15 Business Days' prior written notice to Party A of any proposed amendment or modification to the Indenture.
Amendment of the Indenture. Section 5.05(c) of the Indenture shall be amended by deleting the same in its entirety and replacing it with: “Annual Accountants’ Reports. On or before December 31, 2011, and on or before September 30 of each year commencing in 2012, the Servicer shall (i) cause a firm of independent public accountants (such firm to be Ernst & Young LLP or such other firm selected by the Servicer with the written consent of the Majority Facility Investors) to furnish a certificate or statement (and the Servicer shall provide a copy of such certificate or statement to the Issuer, the Owner Trustee, the Indenture Trustee, the Administrative Agent and the Noteholders), to the effect that such firm has performed certain procedures (such procedures to be approved by the Majority Facility Investors) with respect to the Servicer’s servicing controls and procedures for the twelve-month period ending June 30 of such calendar year, and that, on the basis of such firms’ procedures, conducted substantially in compliance with standards established by the American Institute of Certified Public Accountants, nothing has come to the attention of such firm indicating that the Servicer has not complied with the minimum servicing standards identified in the Uniform Single Attestation Program for Mortgage Bankers established by the Mortgage Bankers Association of America (“USAP”), except for such significant exceptions or errors that, in the opinion of such firm, it is required to report; provided, that if such firm of independent public accountants shall prohibit disclosure of such certificate or statement on the grounds that the Issuer does not own any Timeshare Loans, the Servicer shall notify the Administrative Agent and the Indenture Trustee in writing and the Servicer shall not be required to deliver such certificate or statement; and (ii) cause a Servicer Representative after due investigation and review to furnish a certificate or statement to the Issuer, the Indenture Trustee, the Administrative Agent and the Noteholders, to the effect that such Servicer Representative has (x) read this Indenture and Servicing Agreement, (y) performed certain procedures, in accordance with USAP, with respect to the records and calculations set forth in the Monthly Servicer Reports delivered by the Servicer during the reporting period and certain specified documents and records relating to the servicing of the Timeshare Loans and the reporting requirements with respect thereto and (z) on the basis of ...
