Common use of AMENDMENT, SUPPLEMENT AND WAIVER Clause in Contracts

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Subsidiary Guarantees or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or Subsidiary Guarantor's obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the Issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee with respect to the Notes.

Appears in 4 contracts

Samples: Indenture (Oshkosh Truck Corp), Anthony Crane Holdings Capital Corp, Anthony Crane Sales & Leasing Lp

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AMENDMENT, SUPPLEMENT AND WAIVER. Subject to The Indenture permits, with certain exceptionsexceptions as therein provided, the Indentureamendment thereof and the modification of the rights and obligations of the Company and the Subsidiary Guarantors and the rights of the Holders under the Indenture at any time by the Company, the Subsidiary Guarantees or Guarantors and the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Subsidiary Guarantees or the Notes may be waived Trustee with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes and Additional at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the Notes, if any, voting as a single classto waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Note. Without the consent of any Holder of a NoteHolder, the IndentureCompany, the Subsidiary Guarantees Guarantors and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or Subsidiary Guarantor's obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission in order to effect qualify or maintain the qualification of the Indenture under the Trust Indenture ActTIA, to provide for the Issuance of Additional Notes in accordance with the limitations set forth in the Indenture, add or to allow release any Subsidiary Guarantor to execute a supplemental indenture or Collateral pursuant to the Indenture and/or a Subsidiary Guarantee with respect and the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the Notesinterests of any Holder.

Appears in 4 contracts

Samples: Indenture (Comstock Oil & Gas, LP), Indenture (Comstock Oil & Gas, LP), Registration Rights Agreement (Comstock Oil & Gas, LP)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Note Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Subsidiary Note Guarantees or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Note Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or Subsidiary Guarantor's obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Securities and Exchange Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the Issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Note Guarantee with respect to the Notes.

Appears in 4 contracts

Samples: Covenants (Watermark Realty Inc), Indenture (Florida Lifestyle Management Co), Wci Communities Inc

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, exceptions set forth in the Indenture, (i) the Subsidiary Guarantees or Indenture and the Notes may be amended or supplemented without prior notice to any Holder of Notes but with the written consent of the Holders of at least a majority in principal amount of the outstanding Notes then outstanding Notes voting as a single class (including, without limitation, consents obtained in connection with a tender offer, exchange offer for, or purchase of, the Notes) and Additional Notes(ii) subject to Section 6.04 and 6.07 of the Indenture, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium, if any, voting as Additional Interest, if any, or interest on the Notes, except a single class, and any existing payment default resulting from an acceleration that has been rescinded) or compliance with any provision of the Indenture, the Subsidiary Guarantees Notes or the Notes Note Guarantees may be waived with the written consent of the Holders of at least a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single classclass (including, without limitation, consents obtained in connection with a tender offer, exchange offer for, or purchase of, the Notes). Without Subject to certain exceptions set forth in the Indenture, without the consent of any Holder of a NoteNotes, the Company, the Guarantors, and the Trustee may amend or supplement the Indenture, the Subsidiary Guarantees Notes or the Notes may be amended or supplemented Note Guarantees to (a) cure any ambiguity, defect defect, mistake, omission or inconsistencyinconsistency as evidenced in an Officers’ Certificate; (b) provide for the assumption of the Company’s or a Guarantor’s obligations to the Holders of the Notes or Note Guarantees, as applicable, by a Successor to the Company or a successor to such Guarantor pursuant to Article 5 of the Indenture; (c) provide for uncertificated Notes in addition to or in place of certificated Notes, ; (d) add any Note Guarantees with respect to provide the Notes and to release Note Guarantees when required or permitted by the terms of the Indenture; (e) secure the Notes; (f) add to the covenants of the Company or any Guarantor for the assumption benefit of the Company's or Subsidiary Guarantor's obligations to Holders of all Notes or the Notes in case of a merger Note Guarantees or consolidation, to surrender any right or power conferred upon the Company or any Guarantor; (g) make any change that would provide any additional rights or benefits to the Holders of all of the Notes or the Note Guarantees or, in the good faith opinion of the Company, that does not adversely affect the legal rights under the Indenture hereunder of any such Holder, to Holder of the Notes or any Guarantor; (h) comply with the requirements of applicable Gaming Laws or to provide for requirements imposed by applicable Gaming Authorities; (i) comply with requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture ActTIA; (j) conform the text of the Indenture, the Notes or the Note Guarantees to any provision of the “Description of Notes” contained in any offering memorandum relating to the initial offering of all of the Notes, to the extent that such provision in that “Description of Notes” was intended to be a verbatim recitation of a provision of the Indenture or such Notes (as evidenced by an Officers’ Certificate of the Company and Opinion of Counsel); (k) provide for the Issuance issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or to allow any Subsidiary Guarantor to execute Indenture as of the date thereof; (l) evidence and provide for the acceptance of appointment hereunder by a supplemental indenture to the Indenture and/or a Subsidiary Guarantee successor Trustee with respect to the NotesNotes and to add to or change any of the provisions of the Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, pursuant to the requirements of Section 7.08 of the Indenture; (m) change the Registrar or Paying Agent; and (n) remove redemption provisions included in any Notes that are no longer in effect.

Appears in 4 contracts

Samples: Indenture (Treasure Chest Casino LLC), Indenture (Boyd Gaming Corp), Boyd Acquisition I, LLC

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single classclass (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and any existing default or compliance with any provision of the Indenture, the Subsidiary Guarantees or the Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single classclass (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes). Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's Issuer’s or Subsidiary any Guarantor's ’s obligations to Holders of the Notes in case of a merger or consolidation, consolidation or sale of substantially all of the Issuer’s assets to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to conform the text of the Indenture, the Subsidiary Guarantees or the Notes to any provision contained in the “Description of Notes” in the Prospectus Supplement, to provide for the Issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to for the Indenture and/or purpose of providing a Subsidiary Guarantee in accordance with respect to the Notesprovisions of the Indenture.

Appears in 4 contracts

Samples: Supplemental Indenture (CoreCivic, Inc.), Supplemental Indenture (CoreCivic, Inc.), Second Supplemental Indenture (CoreCivic, Inc.)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Subsidiary Guarantees or the Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's an Issuer’s or a Subsidiary Guarantor's ’s obligations to Holders of the Notes in case of a merger or consolidationconsolidation or sale of all or substantially all of such Issuer’s assets, to add or release Subsidiary Guarantors pursuant to the terms of the Indenture, to make any change that would provide any additional rights or benefits to the Holders of the Notes or surrender any right or power conferred upon the Issuers or the Subsidiary Guarantors by the Indenture that does not adversely affect the legal rights under the Indenture of any such Holder, to provide for the issuance of additional Notes in accordance with the limitations set forth in the Indenture, to comply with the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to evidence or provide for the Issuance acceptance of Additional Notes in accordance with appointment under the limitations set forth in the IndentureIndenture of a successor Trustee, to add additional Events of Default or to allow any Subsidiary Guarantor to execute a supplemental indenture to secure the Indenture Notes and/or a Subsidiary Guarantee with respect to the NotesGuarantees.

Appears in 4 contracts

Samples: Supplemental Indenture (Atlas Pipeline Partners Lp), First Supplemental Indenture (Penn Virginia Resource Partners L P), Indenture (Atlas Pipeline Partners Lp)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Guarantees Indenture or the Notes may be amended supplemented by an indenture or supplemented indentures supplemental to the Indenture with the consent of the Holders of at least not less than a majority in aggregate principal amount of the then outstanding Notes and Additional affected by such supplemental indenture (including consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes, if any, voting as a single class, ) and any existing default or compliance Event of Default with any provision of the Indenture, the Subsidiary Guarantees or respect to the Notes may be waived with the consent of the Holders of not less than a majority in aggregate principal amount of the then outstanding Notes and Additional Outstanding Notes, if anyexcept a continuing default in the payment of the principal of, voting as or any premium or interest on the Notes, or in respect of a single classcovenant or provision of the Indenture which cannot be modified or amended without the consent of the Holder of each Outstanding Note. Without the consent of any Holder of a NoteNotes, the IndenturePartnership and the Trustee, the Subsidiary Guarantees at any time and from time to time, may enter into one or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or Subsidiary Guarantor's obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the Issuance of Additional Notes in accordance with the limitations set forth more supplemental indentures as provided in the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture subject to the Indenture and/or a Subsidiary Guarantee with respect to exceptions set forth therein. SCHEDULE A [SCHEDULE OF ADJUSTMENTS]4 Date Adjustment Made Principal Amount Increase Principal Amount Decrease Principal Amount Following Adjustment Notification Made on Behalf of the Notes.Trustee 4 Insert in Global Notes only

Appears in 4 contracts

Samples: Tenth Supplemental Indenture (Williams Partners L.P.), Tenth Supplemental Indenture (Williams Partners L.P.), Ninth Supplemental Indenture (Williams Partners L.P.)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptionsexceptions set forth in the Indenture, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the Notes then outstanding Notes and Additional Notesoutstanding, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Subsidiary Guarantees or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented supplemented, to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or Subsidiary Guarantor's obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the Issuance issuance of Additional Notes issued after the Issue Date in accordance with the limitations set forth in the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee with respect to the NotesNotes or to evidence and provide for the acceptance of appointment under the Indenture of a successor Trustee.

Appears in 4 contracts

Samples: Dresser Inc, Dresser Inc, Dresser Inc

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Subsidiary Guarantees or the Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's an Issuer’s or a Subsidiary Guarantor's ’s obligations to Holders of the Notes in case of a merger or consolidationconsolidation or sale of all or substantially all of such Issuer’s assets, to add or release Subsidiary Guarantors pursuant to the terms of the Indenture, to make any change that would provide any additional rights or benefits to the Holders of the Notes or surrender any right or power conferred upon the Issuers or the Subsidiary Guarantors by the Indenture that does not adversely affect the legal rights under the Indenture of any such Holder, to provide for the issuance of additional Notes in accordance with the limitations set forth in the Indenture, to comply with the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to evidence or provide for the Issuance acceptance of Additional Notes in accordance with appointment under the limitations set forth in the IndentureIndenture of a successor Trustee, to add additional Events of Default or to allow any Subsidiary Guarantor secure the Notes and/or the Guarantees. Back to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee with respect to the Notes.Contents

Appears in 4 contracts

Samples: Atlas America Inc, Atlas Pipeline Partners Lp, Atlas Pipeline Holdings, L.P.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Guarantees Supplemental Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes and Additional (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes, if any, voting as a single class, and any ). Any existing default Default or compliance with any provision of the Indenture, the Subsidiary Guarantees Supplemental Indenture or the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) may be waived waived, including by way of amendment, with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes and Additional (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes, if any, voting as a single class). Without the consent of any Holder of a Note, the Indenture, Issuers and the Subsidiary Guarantees Trustee may amend or supplement the Supplemental Indenture or the Notes may be amended or supplemented (i) to cure any ambiguity, mistake, defect or inconsistency, (ii) to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm the issuance of Additional Notes, (iv) to provide for the assumption of the Company's or Subsidiary Guarantor's Issuers’ obligations to Holders of in the Notes in case of a merger or consolidationconsolidation or sale of all or substantially all of the Issuers’ assets, (v) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) to comply with the requirements of the Commission SEC in order to effect or maintain the qualification of the Supplemental Indenture under the Trust TIA or otherwise as necessary to comply with applicable law or (vii) to conform the Supplemental Indenture Act, to provide for or the Issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee with respect to “Description of Notes” section of the NotesProspectus.

Appears in 3 contracts

Samples: Third Supplemental Indenture (Charter Communications, Inc. /Mo/), Guaranteed Indebtedness (Charter Communications, Inc. /Mo/), First Supplemental Indenture (Charter Communications, Inc. /Mo/)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, Company and the Subsidiary Guarantees Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes and Notes, including Additional Notes, if any, voting as a single classclass (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes), and, subject to Sections 6.04 and 6.07 of the Indenture, any existing default Default or Event of Default (except a continuing Default or Event of Default in the payment of principal, premium, if any, or interest on the Notes) or compliance with any provision of the Indenture, the Subsidiary Guarantees Indenture or the Notes (except for certain covenants and provisions of the Indenture that cannot be amended without the consent of each Holder) may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Notes, including Additional Notes, if any, then outstanding voting as a single classclass (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes). Without the consent of any Holder of a NoteHolder, the Indenture, Company and the Subsidiary Guarantees Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a successor corporation, partnership or limited liability company of the obligations of the Company under the Indenture, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide secure the Notes, to add to the covenants of the Company for the assumption benefit of the Company's or Subsidiary Guarantor's obligations to Holders of the Notes in case of a merger or consolidationto surrender any right or power conferred upon the Company, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to make any change to comply with the requirements any requirement of the Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, TIA or to provide for the Issuance issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee with respect to the Notes.

Appears in 3 contracts

Samples: Armstrong World Industries Inc, Armstrong World Industries Inc, Armstrong World Industries Inc

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Note Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes (and Additional Notes, if any, voting as a single class, ) and any existing default Default or compliance with any provision of the Indenture, the Subsidiary Note Guarantees or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes (and Additional Notes, if any, voting as a single class). Without the consent of any Holder of a Note, the Indenture, the Subsidiary Note Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or Subsidiary Guarantor's obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not materially adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the Issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Note Guarantee with respect to the Notes.

Appears in 3 contracts

Samples: Indenture (Charles River Laboratories Holdings Inc), Indenture (Noveon Inc), Indenture (Charles River Laboratories Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Guarantees Supplemental Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes and Additional (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes, if any, voting as a single class, and any ). Any existing default Default or compliance with any provision of the Indenture, the Subsidiary Guarantees Supplemental Indenture or the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) may be waived waived, including by way of amendment, with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes and Additional (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes, if any, voting as a single class). Without the consent of any Holder of a Note, the Indenture, Issuers and the Subsidiary Guarantees Trustee may amend or supplement the Supplemental Indenture or the Notes may be amended or supplemented (i) to cure any ambiguity, mistake, defect or inconsistency, (ii) to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm the issuance of Additional Notes or the Exchange Notes pursuant to the Registration Rights Agreement, (iv) to provide for the assumption of the Company's or Subsidiary Guarantor's Issuers’ obligations to Holders of in the Notes in case of a merger or consolidationconsolidation or sale of all or substantially all of the Issuers’ assets, (v) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) to comply with the requirements of the Commission SEC in order to effect or maintain the qualification of the Supplemental Indenture under the Trust Indenture ActTIA or otherwise as necessary to comply with applicable law, (vii) to provide for the Issuance of Additional Notes in accordance with the limitations set forth make any change in the Indentureprovisions of the Indenture relating to waivers of past Defaults or the rights of holders of Notes to receive payments of principal of, or premium, if any, or interest or Special Interest, if any, on the Notes or (viii) to allow any Subsidiary Guarantor to execute a supplemental indenture conform the Supplemental Indenture or the Notes to the Indenture and/or a Subsidiary Guarantee with respect to “Description of Notes” section of the NotesOffering Memorandum.

Appears in 3 contracts

Samples: Fourth Supplemental Indenture (Cco Holdings LLC), Indenture (Cco Holdings LLC), Indenture (Charter Communications, Inc. /Mo/)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Guarantees Supplemental Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes and Additional (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes, if any, voting as a single class, and any ). Any existing default Default or compliance with any provision of the Indenture, the Subsidiary Guarantees Supplemental Indenture or the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) may be waived waived, including by way of amendment, with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes and Additional (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes, if any, voting as a single class). Without the consent of any Holder of a Note, the Indenture, Issuers and the Subsidiary Guarantees Trustee may amend or supplement the Supplemental Indenture or the Notes may be amended or supplemented (i) to cure any ambiguity, mistake, defect or inconsistency, (ii) to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm the issuance of Additional Notes or the Exchange Notes pursuant to the Registration Rights Agreement, (iv) to provide for the assumption of the Company's or Subsidiary Guarantor's Issuers’ obligations to Holders of in the Notes in case of a merger or consolidationconsolidation or sale of all or substantially all of the Issuers’ assets, (v) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) to comply with the requirements of the Commission SEC in order to effect or maintain the qualification of the Supplemental Indenture under the Trust Indenture ActTIA or otherwise as necessary to comply with applicable law, (vii) to provide for the Issuance of Additional Notes in accordance with the limitations set forth make any change in the Indentureprovisions of the Indenture relating to waivers of past Defaults or the rights of holders of Notes to receive payments of principal of, or premium, if any, or interest or Special Interest, if any, on the Notes or (vii) to allow any Subsidiary Guarantor to execute a supplemental indenture conform the Supplemental Indenture or the Notes to the Indenture and/or a Subsidiary Guarantee with respect to “Description of Notes” section of the NotesOffering Circular.

Appears in 3 contracts

Samples: Fourth Supplemental Indenture (Charter Communications, Inc. /Mo/), Satisfaction and Discharge (Charter Communications, Inc. /Mo/), Satisfaction and Discharge (Charter Communications, Inc. /Mo/)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptionsthe following paragraphs, the Indenture, the Subsidiary Senior Subordinated Notes and the Note Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the Senior Subordinated Notes then outstanding Notes and Additional (including, without limitation, consents obtained in connection with a purchase of or, tender offer or exchange offer for Senior Subordinated Notes, if any, voting as a single class), and any existing default Default or Event of Default or compliance with any provision of the Indenture, the Subsidiary Guarantees Senior Subordinated Notes or the Notes Note Guarantees may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Senior Subordinated Notes and Additional (including consents obtained in connection with a tender offer or exchange offer for Senior Subordinated Notes, if any, voting as a single class). Without the consent of any Holder of a NoteSenior Subordinated Notes, the Company and the Trustee may amend or supplement the Indenture, the Subsidiary Note Guarantees or the Senior Subordinated Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Senior Subordinated Notes in addition to or in place of certificated Senior Subordinated Notes, to provide for the assumption of the Company's or a Subsidiary Guarantor's obligations to Holders of the Senior Subordinated Notes in the case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Senior Subordinated Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the Issuance of Additional Notes in accordance with the limitations set forth in the Indenture, Act or to allow any Subsidiary Guarantor to execute a supplemental indenture to guarantee the Indenture and/or a Subsidiary Guarantee Senior Subordinated Notes. Any amendments with respect to subordination provisions of the Notes or the Note Guarantees would require the consent of the Holders of at least 75% in aggregate amount of Notes then outstanding if such amendment would be adversely affect the rights of the Holders of Notes.

Appears in 3 contracts

Samples: Supplemental Indenture (Apcoa Inc), Supplemental Indenture (Century Parking Inc), Standard Parking Ii LLC

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Guarantees Notes or the Notes Guarantee may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the Notes then outstanding Notes (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, the Notes), and, subject to Sections 6.4 and Additional Notes6.7 of the Indenture, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium, if any, voting as or interest on the Notes, except a single class, and any existing payment default resulting from an acceleration that has been rescinded) or compliance with any provision of the Indenture, the Subsidiary Guarantees Notes or the Notes Guarantee may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional (including consents obtained in connection with a purchase of, or tender offer or exchange offer for, the Notes, if any, voting as a single class). Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees Notes or the Notes Guarantee may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or Subsidiary Guarantor's ’s obligations to Holders of the Notes in case of a merger or consolidation, to provide for additional Guarantees as set forth in the Indenture or for the release or assumption of Guarantee in compliance with the Indenture, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the provisions of the Depositary, Euroclear or Clearstream or the Trustee with respect to the provisions of the Indenture or the Notes relating to transfers and exchanges of Notes or beneficial interests therein, to comply with the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, TIA or to provide for the Issuance issuance of Additional additional Notes in accordance with the limitations set forth in the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee with respect to the Notes.

Appears in 3 contracts

Samples: Indenture (Procom Services), Indenture (BTG Inc /Va/), Indenture (Lockheed Martin Corp)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Guarantees Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes and (including without limitation any Additional Notes, if any, voting as a single class) then Outstanding, and any existing default or compliance with any provision of the Indenture, the Subsidiary Guarantees Indenture or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Outstanding Notes, including Additional Notes, if any, voting as a single class). Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented supplemented, among other things, to cure any ambiguity, defect defect, omission or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or Subsidiary Guarantor's obligations to Holders of the Notes in case of a merger or consolidationconsolidation or sale of all or substantially all of the Company's assets, to add guarantees with respect to the Notes, to add covenants, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the Issuance issuance of Additional Notes in accordance with the limitations set forth in the Indenture, Indenture or to allow any Subsidiary Guarantor to execute evidence and provide for the acceptance and appointment of a supplemental indenture to the Indenture and/or a Subsidiary Guarantee with respect to the Notessuccessor Trustee.

Appears in 2 contracts

Samples: Medco Health Solutions Inc, Medco Health Solutions Inc

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Guarantees Guarantee or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes and Additional (including consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes, if any, voting as a single class), and any existing default or compliance with any provision of the Indenture, the Subsidiary Guarantees Guarantee or the Notes may be waived (other than a Default or Event of Default in the payment of the principal of, premium or interest on the Notes, except a payment default resulting from an acceleration that has been rescinded) with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional (including consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes, if any, voting as a single class). Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees Guarantee or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for evidence the assumption by a Successor Person of the Company's or Subsidiary Guarantor's covenants and obligations to Holders of the Issuer or the Guarantor under the Indenture, the Notes in case of a merger or consolidationthen outstanding and the Guarantee, to make any change that that, in the good faith judgment of the Board of Directors of the Issuer, would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission in order to effect add guarantees or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the Issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee security with respect to the Notes, to evidence and provide for the acceptance of the appointment of a successor Trustee, to comply with the rules of any applicable securities depository, or to conform the text of the Indenture, the Notes or the Guarantee as provided in Section 9.01(h) of the Indenture.

Appears in 2 contracts

Samples: Indenture (Norbord Inc.), Indenture

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then then-outstanding Notes and Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Subsidiary Guarantees or the Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the then then-outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's an Issuer’s or a Subsidiary Guarantor's ’s obligations to Holders of the Notes in case of a merger or consolidationconsolidation or sale of all or substantially all of such Issuer’s assets, to add or release Subsidiary Guarantors pursuant to the terms of the Indenture, to make any change that would provide any additional rights or benefits to the Holders of the Notes or surrender any right or power conferred upon the Issuers or the Subsidiary Guarantors by the Indenture that does not adversely affect the legal rights under the Indenture of any such Holder, to provide for the issuance of additional Notes in accordance with the limitations set forth in the Indenture, to comply with the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to evidence or provide for the Issuance acceptance of Additional Notes in accordance with appointment under the limitations set forth in the IndentureIndenture of a successor Trustee, to add additional Events of Default or to allow any Subsidiary Guarantor to execute a supplemental indenture to secure the Indenture Notes and/or a Subsidiary Guarantee with respect to the NotesGuarantees.

Appears in 2 contracts

Samples: Fourth Supplemental Indenture (PVR Partners, L. P.), Supplemental Indenture (Penn Virginia Resource Partners L P)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptionsexceptions set forth in the Indenture, the Indenture, the Subsidiary Note Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the Notes then outstanding Notes and Additional Notes, if any, under the Indenture voting as a single class, class and any existing default (other than a payment default) or compliance with any provision of the Indenture, the Subsidiary Note Guarantees or the Notes may be waived with the consent of the Holders of a majority in principal amount of the Notes then outstanding Notes and Additional Notes, if any, under the Indenture voting as a single class. Without the consent of any Holder of a NoteNotes, the Company and the Trustee may amend or supplement the Indenture, the Subsidiary Note Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption by a successor corporation of the Company's or Subsidiary Guarantor's Guarantors' obligations to Holders of the Notes in case of a merger or consolidationDisposition, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the Issuance of Additional Notes in accordance with the limitations set forth in the Indenture, Act or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Note Guarantee with respect to the Notes.

Appears in 2 contracts

Samples: Jackson Products Inc, Jackson Products Inc

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Notes or any Subsidiary Guarantees or the Notes Guarantee may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, the Notes), and, subject to the terms of the Indenture and Additional Notesany applicable Subsidiary Guarantee, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Notes or any Subsidiary Guarantees or the Notes Guarantee may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional (including consents obtained in connection with a tender offer or exchange offer for the Notes, if any, voting as a single class). Without the consent of any Holder of a Note, the Indenture, the Notes and any Subsidiary Guarantees or the Notes Guarantee may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to comply with Article 5 of the Indenture, to provide for the assumption of the Company's or Subsidiary any Guarantor's obligations to Holders of the Notes in case of a merger or consolidationNotes, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to add covenants for the benefit of the Holders or to surrender any right or power conferred upon the Company, to comply with the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, TIA or to provide for the Issuance of Additional Notes in accordance with the limitations set forth in add a Guarantor under the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee with respect to the Notes.

Appears in 2 contracts

Samples: Execution (Massic Tool Mold & Die Inc), Credit Agreement (Massic Tool Mold & Die Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Guarantees Indenture or the Notes or the Guarantees may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes and including Additional Notes, if any, voting as a single class, and any existing default Default or Event or Default or compliance with any provision of the Indenture, the Subsidiary Guarantees Indenture or the Notes or the Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes and including Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees Indenture or the Notes or the Guarantees may be amended or supplemented to cure any ambiguity, omission, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes (provided that the uncertificated Notes are issued in registered form for purposes of Section 163(f) of the Code, or in a manner such that the uncertificated Notes are described in Section 163(f)(2)(B) of the Code), to provide for the assumption by a successor Company of the obligations of the Company under the Indenture and the Notes, to provide for the assumption by a Successor Guarantor of the Company's or Subsidiary Guarantor's obligations to Holders of the Notes in case of a merger or consolidationSubsidiary Guarantor under the Indenture and its Guarantee, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements any requirement of the Commission SEC in order to effect or maintain connection with the qualification of the Indenture under the Trust TIA, to add Guarantees with respect to the Notes, to secure the Notes, to add to the covenants of the Issuers for the benefit of the Holders or to surrender any right or power conferred upon the Issuers, to effect any provision of the Indenture Act, or to make certain changes to the Indenture to provide for the Issuance issuance of Additional Notes in accordance (subject to compliance with the limitations covenants set forth in the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee with respect to the Notes).

Appears in 2 contracts

Samples: Indenture (HNS Finance Corp.), Supplemental Indenture (Hughes Communications, Inc.)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Guarantees Indenture or the Notes Exchange Debentures may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the Exchange Debentures then outstanding Notes and Additional Notes, if any, voting as (including consents obtained in connection with a single classtender offer or exchange offer for Exchange Debentures), and any existing default or compliance with any provision of the Indenture, the Subsidiary Guarantees Indenture or the Notes Exchange Debentures may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single classExchange Debentures. Without the consent of any Holder of a Notean Exchange Debenture, the Indenture, the Subsidiary Guarantees Indenture or the Notes Exchange Debentures may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes Exchange Debentures in addition to or in place of certificated NotesExchange Debentures, to provide for the assumption of the Company's or Subsidiary Guarantor's Holdings' obligations to Holders of the Notes Exchange Debentures in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes Exchange Debentures or that does not adversely affect the legal rights under the Indenture of any such Holder, or to comply with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, . Notwithstanding anything to provide for the Issuance of Additional Notes in accordance with the limitations set forth contrary contained herein or in the Indenture, the subordination provisions relating to this Exchange Debenture may not be amended or to allow any Subsidiary Guarantor to execute a supplemental indenture to modified without the Indenture and/or a Subsidiary Guarantee with respect to the Notesprior consent, authorization or approval by all holders of Designated Senior Debt.

Appears in 2 contracts

Samples: Indenture (Anvil Holdings Inc), Indenture (Cottontops Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class, and any existing default Default or compliance with any provision of the Indenture, the Subsidiary Guarantees or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or Subsidiary Guarantor's obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the Issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee with respect to the Notes.

Appears in 2 contracts

Samples: Entercom Communications Corp, Entercom Radio LLC

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Subsidiary Guarantees or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's Issuers' or Subsidiary Guarantor's obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the Issuance issuance of Additional additional Notes in accordance with the limitations set forth in the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee with respect to the Notes.

Appears in 2 contracts

Samples: National Crane Corp, National Crane Corp

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Subsidiary Guarantees or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistencyinconsistency or to make a modification of a formal, minor or technical nature or to correct a manifest error, to provide for uncertificated Notes in addition to or in place of certificated Notes, to comply with the covenant relating to mergers, consolidations and sales of assets, to provide for the assumption of the Company's ’s or Subsidiary Guarantor's ’s obligations to Holders of the Notes in case of a merger or consolidationconsolidation or sale of all or substantially all of the Company’s assets, to add Guarantees with respect to the Notes or to secure the Notes, to add to the covenants of the Company or any Guarantor for the benefit of the Holders of the Notes or surrender any right or power conferred upon the Company or any Guarantor, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to evidence and provide for the Issuance acceptance and appointment under the Indenture of Additional Notes in accordance with a successor trustee pursuant to the limitations set forth in the Indenturerequirements thereof, or to allow any Subsidiary Guarantor to execute a supplemental indenture to provide for the Indenture and/or a Subsidiary Guarantee with respect to the Notesissuance of exchange or private exchange notes.

Appears in 2 contracts

Samples: Supplemental Indenture (Asbury Automotive Group Inc), Indenture (Asbury Automotive Group Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Subsidiary Guarantees or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or Subsidiary any Guarantor's obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, Act to provide for the Issuance issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee with respect to the Notes.

Appears in 2 contracts

Samples: Indenture (Icon Health & Fitness Inc), Indenture (Icon Health & Fitness Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Notes or the Subsidiary Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes), and Additional Notesany existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium, if any, voting as or interest (including Additional Interest), if any, on the Notes, except a single class, and any existing payment default resulting from an acceleration that has been rescinded) or compliance with any provision of the Indenture, the Subsidiary Guarantees Indenture or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional (including consent obtained in connection with a purchase of or tender offer or exchange for Notes, if any, voting as a single class). Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees Indenture or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or Subsidiary Guarantor's obligations to the Holders of the Notes in the case of a merger merger, consolidation or consolidationsale of all or substantially all of the assets of the Company, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, or to comply with the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the Issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee with respect to the NotesTIA.

Appears in 2 contracts

Samples: Indenture (Caraustar Industries Inc), Caraustar Industries Inc

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Note Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Subsidiary Note Guarantees or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Note Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or Subsidiary any Guarantor's obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the Issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Note Guarantee with respect to the Notes.

Appears in 2 contracts

Samples: Ap Holdings Inc, Apcoa Standard Parking Inc /De/

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Guarantees Indenture or the Senior Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Senior Notes and Additional Senior Notes, if any, voting as a single classclass (including consents obtained in connection with a tender offer or exchange offer for the Senior Notes), and any existing default or compliance with any provision of the Indenture, the Subsidiary Guarantees or the Senior Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Senior Notes and Additional Senior Notes, if any, voting as a single classclass (including consents obtained in connection with a tender offer or exchange offer for the Senior Notes). Without the consent of any Holder of a Senior Note, the Indenture, the Subsidiary Guarantees Indenture or the Senior Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Senior Notes in addition to or in place of certificated Senior Notes, to provide for the assumption of the Company's or Subsidiary Guarantor's obligations to Holders of the Senior Notes in case of a merger or consolidationconsolidation pursuant to Article 5 of the Indenture, to provide for the Issuance of Additional Senior Notes, in accordance with the limitations set forth in the Indenture, to make any change that would provide any additional rights or benefits to the Holders of the Senior Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the Issuance of Additional Notes in accordance with the limitations set forth in the Indenture, Act or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee with respect to the Senior Notes.

Appears in 2 contracts

Samples: Indenture (Riddell Sports Inc), Indenture (Varsity Spirit Corporation)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Note Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Subsidiary Note Guarantees or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Note Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's Issuer’s or Subsidiary any Guarantor's ’s obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the Issuance issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Note Guarantee with respect to the Notes.

Appears in 2 contracts

Samples: Indenture (Lodgenet Entertainment Corp), Indenture (Lodgenet Entertainment Corp)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Note Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Subsidiary Note Guarantees or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Note Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's Issuers' or Subsidiary Guarantor's Note Guarantors' obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the Issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or to allow any Subsidiary Note Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Note Guarantee with respect to the Notes.

Appears in 2 contracts

Samples: Indenture (World Almanac Education Group Inc), World Almanac Education Group Inc

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, Indenture the Subsidiary Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Subsidiary Guarantees or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's Issuers' or Subsidiary Guarantor's obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the Issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee with respect to the Notes.

Appears in 2 contracts

Samples: Indenture (Restaurant Co), Indenture (Perkins Finance Corp)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Guarantees Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class, and any existing default Default or compliance noncompliance with any provision of the Indenture, the Subsidiary Guarantees Indenture or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees Indenture or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's Issuers' or Subsidiary any Guarantor's obligations to Holders of the Notes in case of a merger or consolidationconsolidation or sale of all or substantially all of the Issuers' or any Guarantor's property, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, or to comply with the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture ActTIA. Notwithstanding the foregoing, to provide for Collateral may only be released with the Issuance consent of Additional the Holders of at least 75% in aggregate principal amount of the then outstanding Notes in accordance with addition to releases of Collateral expressly permitted by the limitations set forth in the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee with respect to the NotesCollateral Documents.

Appears in 2 contracts

Samples: Security Agreement and Fixture Filing (Trump Indiana Inc), Priority Intercreditor Agreement (Trump Indiana Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Guarantees Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single classclass (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, the Notes), and any existing default or compliance with any provision of the Indenture, the Subsidiary Guarantees Indenture or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single classclass (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, the Notes). Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees Indenture or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, ; to provide for uncertificated Notes in addition to or in place of certificated Notes, ; to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company; to add to the covenants of the Company for the benefit of the Holders or to surrender any right or power herein conferred upon the Company; to add additional Events of Default; to evidence and provide for the assumption acceptance of the Company's or Subsidiary Guarantor's obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights appointment under the Indenture of any such Holder, by a successor Trustee; to secure the Notes; to comply with the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, ; to provide for the Issuance issuance of Additional Notes in accordance with the limitations set forth in the Indenture, Indenture as of its date; or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or and a Subsidiary Guarantee with respect to the Notes.

Appears in 2 contracts

Samples: Registration Rights Agreement (Jw Childs Equity Partners Ii Lp), Registration Rights Agreement (Signal Medical Services)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Guarantees or the Notes Securities may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes and Additional Notes, if anySecurities, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Subsidiary Guarantees or the Notes Securities may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if anySecurities, voting as a single class. Without the consent of any Holder of a NoteSecurity, the Indenture, the Subsidiary Guarantees or the Notes Securities may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes Securities in addition to or in place of certificated NotesSecurities, to provide for the assumption of the Company's ’s or Subsidiary Guarantor's ’s obligations to Holders of the Notes Securities in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes Securities or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the Issuance issuance of Additional Notes additional Securities in accordance with the limitations set forth in the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee with respect to the NotesSecurities.

Appears in 2 contracts

Samples: Indenture (Peabody Energy Corp), Cottonwood Land Co

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Guarantees or Indenture and the Notes may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes and Outstanding Notes, including Additional Notes, if any, voting as a single class, and any existing default Default or compliance with any provision of the Indenture, the Subsidiary Guarantees or Indenture and the Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes and Outstanding Notes, including Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees or Indenture and the Notes may be amended or supplemented to cure any ambiguity, omission, defect or inconsistency, to provide for uncertificated Notes inconsistency that does not adversely affect the rights of any Holder in addition to or in place of certificated Notesany material respect, to provide for the assumption of the Company's ’s obligations under the Indenture or Subsidiary Guarantor's obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to accordance with the Holders of provisions in the Notes or that does not adversely affect the legal rights under the Indenture of any such HolderIndenture, to comply with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture ActTIA, to secure the Notes or provide guarantees of the Notes, to provide for the Issuance issuance of Additional Notes, to add covenants that would benefit the Holders of the Notes in accordance with or to surrender any rights of the limitations set forth in Company under the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee add Events of Default with respect to the Notes, to make any change that does not adversely affect any Outstanding Notes in any material respect, or to evidence and provide for the acceptance of the appointment of a successor Trustee under the Indenture.

Appears in 2 contracts

Samples: Ciena Corp, Ciena Corp

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Guarantees Notes or the Notes Note Guarantees may be amended or supplemented with the written consent of the Holders of at least a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Subsidiary Guarantees Notes or the Notes Note Guarantees may be waived with the written consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Notes and the Note Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's ’s or Subsidiary any Note Guarantor's ’s obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect in any material respects the legal rights under the Indenture of any such Holder, to release a Note Guarantor from its obligations under its Note Guarantee, the Notes or the Indenture in accordance with the applicable provisions of the Indenture or to add Note Guarantees with respect to the Notes, to provide additional Note Lien Collateral as security for the Notes or to release Note Liens in favor of the Note Lien Collateral Agent in accordance with the applicable provisions of the Indenture, to issue Additional Notes as permitted in the Indenture, to comply with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, Act or to evidence and provide for the Issuance acceptance of Additional Notes in accordance with the limitations set forth in the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to appointment under the Indenture and/or of a Subsidiary Guarantee with respect to the Notessuccessor Trustee.

Appears in 2 contracts

Samples: First Supplemental Indenture (Thornburg Mortgage Inc), Indenture (Thornburg Mortgage Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Guarantees Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Subsidiary Guarantees Guarantees, or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees Guarantees, or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Companyan Issuer's or a Subsidiary Guarantor's obligations to Holders of the Notes in case of a merger or consolidationconsolidation or sale of all or substantially all of such Issuer's or Subsidiary Guarantor's assets, to add or release Subsidiary Guarantors pursuant to the terms of the Indenture, to make any change that would provide any additional rights or benefits to the Holders of the Notes or surrender any right or power conferred upon the Issuers or the Subsidiary Guarantors by the Indenture that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to evidence or provide for the Issuance acceptance of Additional Notes in accordance with appointment under the limitations set forth in the IndentureIndenture of a successor Trustee, to add additional Events of Default or to allow any Subsidiary Guarantor to execute a supplemental indenture to secure the Indenture Notes and/or a Subsidiary Guarantee with respect to the NotesGuarantees.

Appears in 2 contracts

Samples: Indenture (El Paso Energy Partners Deepwater LLC), First Reserve Gas LLC

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, Company and the Subsidiary Guarantees Trustee may amend or supplement the Indenture and the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the Notes then outstanding Notes (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and Additional Notesany existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium, if any, voting as or interest on the Notes, except a single class, and any existing payment default resulting from an acceleration that has been rescinded) or compliance with any provision of the Indenture, the Subsidiary Guarantees Indenture or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes, if any, voting as a single class). Without the consent of any Holder of a NoteNotes, the Indenture, the Subsidiary Guarantees Indenture or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or any Subsidiary Guarantor's obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the Issuance of Additional Notes in accordance with the limitations set forth in the Indenture, Act or to allow reflect the release of any Subsidiary Guarantor from its Subsidiary Guarantee pursuant to execute Section 11.05 of the Indenture or to add any Subsidiary as a supplemental indenture Subsidiary Guarantor pursuant to the Indenture and/or a Subsidiary Guarantee with respect to the NotesIndenture.

Appears in 2 contracts

Samples: Indenture (Prime Medical Services Inc /Tx/), Sun Medical Technologies Inc /Ca/

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single classclass (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and any existing default or compliance with any provision of the Indenture, the Subsidiary Guarantees or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single classclass (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes). Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's Issuer’s or Subsidiary any Guarantor's ’s obligations to Holders of the Notes in case of a merger or consolidationconsolidation or sale of substantially all of the Issuer’s assets, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to conform the text of the Indenture, the Subsidiary Guarantees or the Notes to any provision contained in the “Description of Notes” in the Offering Memorandum, to provide for the Issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to for the Indenture and/or purpose of providing a Subsidiary Guarantee in accordance with respect to the Notesprovisions of the Indenture.

Appears in 2 contracts

Samples: Supplemental Indenture (Corrections Corp of America), Supplemental Indenture (Corrections Corp of America)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, Company and the Subsidiary Guarantees Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes and Notes, including Additional Notes, if any, voting as a single classclass (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes), and, subject to Sections 6.04 and 6.07 of the Indenture, any existing default Default or Event of Default (except a continuing Default or Event of Default in the payment of principal, premium, if any, interest or Additional Interest, if any, on the Notes) or compliance with any provision of the Indenture, the Subsidiary Guarantees Indenture or the Notes (except for certain covenants and provisions of the Indenture which cannot be amended without the consent of each Holder) may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes and Notes, including Additional Notes, if any, then outstanding voting as a single classclass (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes). Without the consent of any Holder of a NoteHolder, the Indenture, Company and the Subsidiary Guarantees Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes notes in addition to or in place of certificated Notesnotes, to provide for the assumption of the Company's ’s or Subsidiary a Guarantor's ’s obligations to Holders of the Notes in the case of a merger or consolidationconsolidation or sale of all or substantially all of the Company’s assets, to provide for the issuance of Additional Notes in accordance with the provisions set forth in the Indenture on the date of the Indenture, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for allow any Guarantor to guarantee the Issuance of Additional Notes in accordance with the limitations set forth in the IndentureNotes, or to allow conform any Subsidiary Guarantor to execute a supplemental indenture provision of the Indenture to the Indenture and/or a Subsidiary Guarantee with respect to “Description of Notes” contained in the NotesOffering Memorandum.

Appears in 2 contracts

Samples: Indenture (Great Lakes Dredge & Dock CORP), Indenture (Great Lakes Dredge & Dock CORP)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Guarantees Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Subsidiary Guarantees Guarantees, or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees Guarantees, or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Companyan Issuer's or a Subsidiary Guarantor's obligations to Holders of the Notes in case of a merger or consolidationconsolidation or sale of all or substantially all of such Issuer's assets, to add or release Subsidiary Guarantors pursuant to the terms of the Indenture, to make any change that would provide any additional rights or benefits to the Holders of the Notes or surrender any right or power conferred upon the Issuers or the Subsidiary Guarantors by the Indenture that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, Act or to evidence or provide for the Issuance acceptance of Additional Notes in accordance with the limitations set forth in the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to appointment under the Indenture and/or of a Subsidiary Guarantee with respect to the Notessuccessor Trustee.

Appears in 2 contracts

Samples: Management Agreement (Leviathan Finance Corp), Indenture (El Paso Energy Partners Deepwater LLC)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Subsidiary Guarantees or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or Subsidiary any Guarantor's obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, Act to provide for the Issuance issuance of Additional Notes in accordance with the limitations set forth in the IndentureIndenture , or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee with respect to the Notes.

Appears in 2 contracts

Samples: Indenture (Icon Health & Fitness Inc), Indenture (Icon Health & Fitness Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Guarantees Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes and Additional (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes, if any, voting as a single class, and any ). Any existing default Default or compliance with any provision of the Indenture, the Subsidiary Guarantees Indenture or the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) may be waived waived, including by way of amendment, with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes and Additional (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes, if any, voting as a single class). Without the consent of any Holder of a Note, the Indenture, Issuers and the Subsidiary Guarantees Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented (i) to cure any ambiguity, mistake, defect or inconsistency, (ii) to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm the issuance of Additional Notes, (iv) to provide for the assumption of the Company's or Subsidiary Guarantor's Issuers’ obligations to Holders of in the Notes in case of a merger or consolidationconsolidation or sale of all or substantially all of the Issuers’ assets, (v) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, (vi) to comply with the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the Trust TIA or otherwise as necessary to comply with applicable law or (vii) to conform the Indenture Act, to provide for or the Issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee with respect to “Description of Notes” section of the NotesProspectus.

Appears in 2 contracts

Samples: Indenture (Charter Communications, Inc. /Mo/), Supplemental Indenture (Cco Holdings Capital Corp)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Subsidiary Guarantees or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistencyinconsistency or to make a modification of a formal, minor or technical nature or to correct a manifest error, to provide for uncertificated Notes in addition to or in place of certificated Notes, to comply with the covenant relating to mergers, consolidations and sales of assets, to provide for the assumption of the Company's ’s or Subsidiary Guarantor's ’s obligations to Holders of the Notes in case of a merger or consolidationconsolidation or sale of all or substantially all of the Company’s assets, to add Guarantees with respect to the Notes or to secure the Notes, to add to the covenants of the Company or any Guarantor for the benefit of the Holders of the Notes or surrender any right or power conferred upon the Company or any Guarantor, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to evidence and provide for the Issuance acceptance and appointment under the Indenture of a successor trustee pursuant to the requirements thereof, to provide for the issuance of exchange or private exchange notes or to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee with respect to the Notes.

Appears in 2 contracts

Samples: Supplemental Indenture (Asbury Automotive Group Inc), Indenture (Asbury Automotive Group Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Guarantees or Guarantees, the Notes or any of the Security Documents may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the Notes then outstanding Notes and Additional Notes, if any, voting as a single classoutstanding, and any existing default or compliance with any provision of the Indenture, the Subsidiary Guarantees Guarantees, the Security Documents or the Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the Notes then outstanding Notes and Additional Notes, if any, voting as a single classoutstanding. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees Guarantees, the Security Documents or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or a Subsidiary Guarantor's obligations to Holders of the Notes in case by a successor to the Company or such Subsidiary Guarantor pursuant to Article 5 or Article 11 of a merger the Indenture, to add to the covenants of the Company and its Subsidiaries under the Indenture for the benefit of the Holders of the Notes or consolidationto surrender any right or power conferred upon the Company, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such HolderNotes, to comply with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the Issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or and an endorsement on the Notes evidencing a Subsidiary Guarantee with respect to the Notes.

Appears in 2 contracts

Samples: Sterling Chemical Inc, Sterling Chemical Inc

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Guarantees Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Subsidiary Guarantees Indenture or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Noteaffected, the Indenture, the Subsidiary Guarantees Indenture or the Notes may be amended or supplemented to to, among other things, cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's OPTI’s or Subsidiary a Guarantor's ’s obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture ActTIA, to evidence and provide for the acceptance of appointment by a successor trustee, to provide for the Issuance issuance of Additional Notes in accordance with the limitations provisions set forth in the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee with respect to the Notes.

Appears in 2 contracts

Samples: Indenture (Opti Canada Inc), Opti Canada Inc

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Guarantees Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class, and any existing default Default or compliance with any provision of the Indenture, the Subsidiary Guarantees Indenture or the Notes may be waived with the consent of the Holders of a majority in principal amount of the Notes then outstanding outstanding. The Change of Control and Asset Sale purchase features of the Notes and Additional Notes, if any, voting as a single classmay not be amended or waived without the consent of at least 66 2/3% in principal amount of the Notes then outstanding. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees Indenture or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to comply with Section 5.1, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or Subsidiary Guarantor's obligations to Holders of the Notes under the Indenture or any Guarantor's Obligations under its Subsidiary Guarantee in the case of a merger merger, consolidation or consolidationsale of assets involving the Company or such Guarantor, as applicable, pursuant to Article 5 or Article 11 of the Indenture, to make any change that would provide any additional rights or benefits to the Holders of the Notes (including providing for Subsidiary Guarantees and any supplemental indenture required pursuant to Section 4.15 of the Indenture) or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, TIA and to provide for the Issuance of Additional Notes release a Guarantor in accordance with the limitations set forth in the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee with respect to the Notes.

Appears in 2 contracts

Samples: Supplemental Indenture (Capstar Hotel Co), Supplemental Indenture (Meristar Hospitality Corp)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptionsexceptions set forth in the Indenture, the Indenture, the Subsidiary Guarantees Notes or the Notes Guarantees may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class, and any existing default Default or compliance with any provision of the Indenture, the Subsidiary Guarantees Notes or the Notes Guarantees may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees Notes or the Notes Guarantees may be amended or supplemented to cure any ambiguity, defect or inconsistency, ; to provide for uncertificated Notes in addition to or in place of certificated Notes, ; to provide for the assumption of the Company's or Subsidiary Guarantor's Issuers’ obligations to Holders of the Notes in case of a merger or consolidation, consolidation pursuant to Article V of the Indenture; to provide for additional Guarantors as set forth in the Indenture or for the release or assumption of Guarantees in compliance with the Indenture; to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, ; to comply with the requirements provisions of the Commission in order Depositary, Euroclear or Clearstream or the Trustee with respect to effect or maintain the qualification provisions of the Indenture under or the Trust Indenture Act, Notes relating to transfers and exchanges of Notes or beneficial interests therein; or to provide for the Issuance issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to Indenture as of the Indenture and/or a Subsidiary Guarantee with respect to the Notesdate thereof.

Appears in 2 contracts

Samples: Indenture (Douglas Dynamics, Inc), Douglas Dynamics, Inc

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Note Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class, and any A2-7 existing default or compliance with any provision of the Indenture, the Subsidiary Note Guarantees or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Note Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or Subsidiary Guarantor's obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Securities and Exchange Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the Issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Note Guarantee with respect to the Notes.

Appears in 2 contracts

Samples: Indenture (Communities Home Builders Inc), Wci Communities Inc

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Subsidiary Guarantees or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistencyinconsistency or to make a modification of a formal, minor or technical nature or to correct a manifest error, to provide for uncertificated Notes in addition to or in place of certificated Notes, to comply with the covenant relating to mergers, consolidations and sales of assets, to provide for the assumption of the Company's or Subsidiary Guarantor's obligations to Holders of the Notes in case of a merger or consolidationconsolidation or sale of all or substantially all of the Company's assets, to add Guarantees with respect to the Notes or to secure the Notes, to add to the covenants of the Company or any Guarantor for the benefit of the Holders of the Notes or surrender any right or power conferred upon the Company or any Guarantor, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to evidence and provide for the Issuance acceptance and appointment under the Indenture of Additional Notes in accordance with a successor trustee pursuant to the limitations set forth in the Indenturerequirements thereof, or to allow any Subsidiary Guarantor to execute a supplemental indenture to provide for the Indenture and/or a Subsidiary Guarantee with respect to the Notesissuance of exchange or private exchange notes.

Appears in 2 contracts

Samples: Crown Battleground LLC, Airgas East Inc

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Guarantees or Indenture and the Notes may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes and Outstanding Notes, including Additional Notes, if any, voting as a single class, and any existing default Default or compliance with any provision of the Indenture, the Subsidiary Guarantees or Indenture and the Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes and Outstanding Notes, including Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees or Indenture and the Notes may be amended or supplemented to cure any ambiguity, omission, defect or inconsistencyinconsistency that does not adversely affect the rights of any Holder in any material respect, to provide for uncertificated Notes in addition to or in place of certificated Notesa successor Trustee under the Indenture, to provide for the assumption of the Company's ’s obligations under the Indenture or Subsidiary Guarantor's obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to accordance with the Holders of provisions in the Notes or that does not adversely affect the legal rights under the Indenture of any such HolderIndenture, to comply with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture ActTIA, to secure the Notes or provide guarantees of the Notes, to provide for the Issuance issuance of Additional Notes, to add covenants that would benefit the Holders of the Notes in accordance with or to surrender any rights of the limitations set forth in Company under the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee add Events of Default with respect to the Notes, to make any change that does not adversely affect any Outstanding Notes in any material respect, or to evidence and provide for the acceptance of the appointment of a successor Trustee under the Indenture.

Appears in 2 contracts

Samples: Indenture (Ciena Corp), Ciena Corp

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Subsidiary Guarantees or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or Subsidiary the Guarantor's obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the Issuance issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee with respect to the Notes.

Appears in 2 contracts

Samples: Dominos Pizza Government Services Division Inc, Dominos Inc

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the IndentureIndenture , the Subsidiary Guarantees or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or Subsidiary the Guarantor's obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the Issuance issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee with respect to the Notes.

Appears in 2 contracts

Samples: Dominos Pizza Government Services Division Inc, Dominos Inc

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Subsidiary Guarantees or the Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect omission, defect, mistake or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's an Issuer’s or Subsidiary a Guarantor's ’s obligations to Holders of the Notes in case of a merger or consolidationconsolidation or sale of all or substantially all of such Issuer’s assets, to add or release Guarantors pursuant to the terms of the Indenture, to make any change that would provide any additional rights or benefits to the Holders of the Notes or surrender any right or power conferred upon the Issuers or the Guarantors by the Indenture that does not adversely affect the legal rights under the Indenture of any such Holder, to provide for the issuance of additional Notes in accordance with the limitations set forth in the Indenture, to comply with the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to evidence or provide for the Issuance acceptance of Additional Notes in accordance with appointment under the limitations set forth in the IndentureIndenture of a successor Trustee, to add additional Events of Default or to allow any Subsidiary Guarantor to execute a supplemental indenture to secure the Indenture Notes and/or a Subsidiary Guarantee with respect to the NotesGuarantees.

Appears in 2 contracts

Samples: Supplemental Indenture (Atlas Energy Resources, LLC), Supplemental Indenture (Atlas Energy Resources, LLC)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Subsidiary Guarantees or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or Subsidiary Guarantor's obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the Issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee with respect to the Notes.

Appears in 2 contracts

Samples: Argosy Gaming Co, St Louis Gaming Co

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Guarantees Supplemental Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes and Additional (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes, if any, voting as a single class, and any ). Any existing default Default or compliance with any provision of the Indenture, the Subsidiary Guarantees Supplemental Indenture or the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) may be waived waived, including by way of amendment, with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes and Additional (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes, if any, voting as a single class). Without the consent of any Holder of a Note, the Indenture, Issuers and the Subsidiary Guarantees Trustee may amend or supplement the Supplemental Indenture or the Notes may be amended or supplemented (i) to cure any ambiguity, mistake, defect or inconsistency, (ii) to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm the issuance of Additional Notes, (iv) to provide for the assumption of the Company's or Subsidiary Guarantor's Issuers' obligations to Holders of in the Notes in case of a merger or consolidationconsolidation or sale of all or substantially all of the Issuers' assets, (v) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) to comply with the requirements of the Commission SEC in order to effect or maintain the qualification of the Supplemental Indenture under the Trust TIA or otherwise as necessary to comply with applicable law or (vii) to conform the Supplemental Indenture Act, to provide for or the Issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee with respect to “Description of Notes” section of the NotesProspectus.

Appears in 2 contracts

Samples: Supplemental Indenture (Charter Communications, Inc. /Mo/), Fourth Supplemental Indenture (Charter Communications, Inc. /Mo/)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Senior Note Indenture, the Senior Subsidiary Guarantees or the Senior Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Senior Notes and Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the Senior Note Indenture, the Senior Subsidiary Guarantees or the Senior Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Senior Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Senior Note, the Senior Note Indenture, the Senior Subsidiary Guarantees or the Senior Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Senior Notes in addition to or in place of certificated Senior Notes, to provide for the assumption of the Company's or Subsidiary Guarantor's obligations to Holders of the Senior Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Senior Notes or that does not adversely affect the legal rights under the Senior Note Indenture of any such Holder, to comply with the requirements of the Commission SEC in order to effect or maintain the qualification of the Senior Note Indenture under the Trust Indenture Act, to provide for the Issuance of Additional Notes in accordance with the limitations set forth in the Indenture, Act or to allow any Subsidiary Guarantor to execute a supplemental indenture Senior Note Indenture to the Senior Note Indenture and/or a Senior Subsidiary Guarantee with respect to the Senior Notes.

Appears in 2 contracts

Samples: Ball Corp, Ball Corp

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Guarantees or the Notes Debentures may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes Debentures and Additional Notesadditional Debentures, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Subsidiary Guarantees or the Notes Debentures may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes Debentures and Additional Notesadditional Debentures, if any, voting as a single class. Without the consent of any Holder of a NoteDebenture, the Indenture, the Subsidiary Guarantees or the Notes Debentures may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes Debentures in addition to or in place of certificated NotesDebentures, to provide for the assumption of the Company's or Subsidiary Guarantor's Issuers' obligations to Holders of the Notes Debentures in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes Debentures or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, or to provide for the Issuance issuance of Additional Notes additional Debentures in accordance with the limitations set forth in the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee with respect to the Notes.

Appears in 2 contracts

Samples: Grove Investors Capital Inc, Grove Investors Capital Inc

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Senior Subsidiary Guarantees or the Senior Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Senior Notes and Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Senior Subsidiary Guarantees or the Senior Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Senior Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Senior Note, the Indenture, the Senior Subsidiary Guarantees or the Senior Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Senior Notes in addition to or in place of certificated Senior Notes, to provide for the assumption of the CompanyAuthority's or Subsidiary Guarantor's obligations to Holders of the Senior Notes in case of by a merger successor to the Authority or consolidationsuch Subsidiary Guarantor, to make any change that would provide any additional rights or benefits to the Holders of the Senior Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the Issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Senior Subsidiary Guarantee with respect to the NotesSenior Notes provided that the Authority has obtained any required government approval to ensure the enforceability of the Senior Notes and the Indenture.

Appears in 1 contract

Samples: Senior Registration Rights Agreement (Mohegan Tribal Gaming Authority)

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AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Guarantees Notes or the Notes any Note Guarantee may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the Notes then outstanding Notes and Additional (including consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes, if any, voting as a single class), and any existing default or compliance with any provision of the Indenture, the Subsidiary Guarantees Notes or the Notes any Note Guarantee may be waived with the consent of the Holders of a majority in aggregate principal amount of the Notes then outstanding Notes and Additional (including consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes, if any, voting as a single class). Without the consent of any Holder of a Note, the Issuers, any Parent Guarantor and the Trustee may amend or supplement the Indenture, the Subsidiary Guarantees Notes or the Notes may be amended or supplemented any Note Guarantee to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's an Issuer’s or Subsidiary Parent Guarantor's ’s obligations to Holders of the Notes in the case of a merger or consolidationconsolidation or sale of all or substantially all of the Issuers’ assets, to release any Subsidiary Guarantee in accordance with the provisions of the Indenture, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, TIA or otherwise as necessary to provide for the Issuance of Additional Notes in accordance comply with the limitations set forth in the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee with respect to the Notesapplicable law.

Appears in 1 contract

Samples: CCH Ii Capital Corp

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptionsthe following paragraphs, the Indenture, the Subsidiary Guarantees or Senior Secured Notes and the Notes Note Guarantee may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Senior Secured Notes and Additional Notes then outstanding (including, without limitation, consents obtained in connection with a purchase of or, tender offer or exchange offer for Senior Secured Notes, if any, voting as a single class), and any existing default Default or Event of Default or compliance with any provision of the Indenture, the Subsidiary Guarantees Senior Secured Notes or the Notes Note Guarantee may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Senior Secured Notes and Additional Notes (including consents obtained in connection with a tender offer or exchange offer for Senior Secured Notes, if any, voting as a single class). Without the consent of any Holder of a NoteSenior Secured Notes, the Issuers and the Trustee may amend or supplement the Indenture, the Subsidiary Note Guarantees or the Senior Secured Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Senior Secured Notes in addition to or in place of certificated Senior Secured Notes, to provide for the assumption of the Company's or Subsidiary Guarantor's obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Senior Secured Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or to comply with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the Issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee with respect to the Notes.

Appears in 1 contract

Samples: Indenture (Nebco Evans Holding Co)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Notes or Subsidiary Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the Notes then outstanding Notes and Additional Notes, if any, voting as (including, without limitation, consents obtained in connection with a single classpurchase of, or tender offer or exchange offer for, Notes), and any existing default or compliance with any provision of the Indenture, the Notes or the Subsidiary Guarantees or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes, if any, voting as a single class). Without the consent of any Holder of a Note, the Indenture, the Notes or the Subsidiary Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or Subsidiary any Guarantor's obligations to Holders of the Notes in case of a merger or consolidationconsolidation or sale of all or substantially all of the Company's assets, to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, or to comply with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the Issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee with respect to the Notes.

Appears in 1 contract

Samples: Windmere Durable Holdings Inc

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Notes or the Subsidiary Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes (and Additional Notes, if any, ) voting as a single class, and any existing default or compliance with any provision of the Indenture, the Notes or the Subsidiary Guarantees or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes (and Additional Notes, if any, ) voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Notes or the Subsidiary Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or Subsidiary the Guarantor's obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture ActTIA, to provide for the Issuance issuance of Additional Notes in accordance with the limitations set forth in the Indenture, Indenture or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee subsidiary guarantee with respect to the Notes.

Appears in 1 contract

Samples: Scotts Company

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Guarantees Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Subsidiary Guarantees Indenture or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees Indenture or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or Subsidiary Guarantor's obligations to Holders of the Notes in case of a merger or consolidationconsolidation or sale of all or substantially all of the assets of the Company, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not materially adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture ActAct or to allow any Subsidiary to guarantee the Notes, to provide for the Issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee with respect to the Notes.

Appears in 1 contract

Samples: Team Health Inc

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Guarantees Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the Notes then outstanding Notes and Additional Notes, if any, voting as a single classclass (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, the Notes), and any existing default Default or compliance with any provision of the Indenture, the Subsidiary Guarantees Indenture or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes Notes, and Additional Notes, if any, voting as a single classclass (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, the Notes). Without the consent of any Holder of a NoteNotes, the Indenture, the Subsidiary Guarantees Indenture or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Definitive Notes, to provide for the assumption of the Company's or Subsidiary any Guarantor's obligations to Holders of the Notes in case of a merger or consolidationconsolidation or sale of all or substantially all of the assets of the Company or any Guarantor, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, Holder (including but not limited to adding a Guarantor under the Indenture and adding additional collateral for the benefit of Holders of the Notes) or to comply with the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, Act or to provide for the Issuance of Additional Notes release any Guarantee in accordance with the limitations set forth in provisions of the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee with respect to the Notes.

Appears in 1 contract

Samples: Article Twelve Satisfaction And (American Seafoods Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Guarantees Indenture or the Notes Senior Discount Debentures may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes Senior Discount Debentures and Additional NotesSenior Discount Debentures, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Subsidiary Guarantees Indenture or the Notes Senior Discount Debentures may be waived with the consent of the Holders of a majority in principal amount at maturity of the then outstanding Notes Senior Discount Debentures and Additional NotesSenior Discount Debentures, if any, voting as a single class. Without the consent of any Holder of a NoteSenior Discount Debenture, the Indenture, the Subsidiary Guarantees Indenture or the Notes Senior Discount Debentures may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes Senior Discount Debentures in addition to or in place of certificated NotesSenior Discount Debentures, to provide for the assumption of the Company's or Subsidiary GuarantorIssuers's obligations to Holders of the Notes Senior Discount Debentures in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes Senior Discount Debentures or that does not materially and adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, Act or to provide for the Issuance issuance of Additional Notes Senior Discount Debentures in accordance with the limitations set forth in the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee with respect to the Notes.

Appears in 1 contract

Samples: Falcon Funding Corp

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, Company and the Subsidiary Guarantees Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes and Notes, including Additional Notes, if any, then outstanding voting as a single classclass (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes), and, subject to Sections 6.04 and 6.07 of the Indenture, any existing default Default or Event of Default (except a continuing Default or Event of Default (i) in the payment of principal, premium, if any, or interest, including Special Interest, if any, on, the Notes and (ii) in respect of a covenant or provision which under the Indenture cannot be amended without the consent of each Holder) or compliance with any provision of the Indenture, the Subsidiary Guarantees Indenture or the Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes and Notes, including Additional Notes, if any, then outstanding voting as a single classclass (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes). Without the consent of any Holder of a NoteHolder, the Indenture, Company and the Subsidiary Guarantees Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented to cure any ambiguity, omission, defect or inconsistency, to provide for the assumption by a Surviving Person of the obligations of the Company under the Indenture, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide add additional Guarantees with respect to the Notes or release Subsidiary Guarantors from Subsidiary Guaranties as provided or permitted by the terms of the Indenture, to secure the Notes, to add to the covenants of the Company for the assumption benefit of the Company's or Subsidiary Guarantor's obligations to Holders of the Notes in case of a merger or consolidationto surrender any right or power conferred upon the Company, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements any requirement of the Commission in order to effect or maintain connection with the qualification of the Indenture under the Trust Indenture Act, TIA or to provide for the Issuance issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee with respect to the Notes.

Appears in 1 contract

Samples: Indenture (Neenah Paper Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Note Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class, and any existing default or compliance with any A1-4 provision of the Indenture, the Subsidiary Note Guarantees or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Note Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or Subsidiary any Guarantor's obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the Issuance issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Note Guarantee with respect to the Notes.

Appears in 1 contract

Samples: Jondex Corp

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptionsthe following paragraphs, the Indenture, the Subsidiary Guarantees or Indenture and the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the Notes then outstanding Notes and Additional (including consents obtained in connection with a tender offer or exchange offer for the Notes), and, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium, if any, voting as or interest on the Notes, except a single class, and any existing payment default resulting from an acceleration that has been rescinded) or compliance with any provision of the Indenture, the Subsidiary Guarantees Indenture or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional (including consents obtained in connection with a tender offer or exchange offer for the Notes). In addition, any amendment to Article 10 or Article 12 of the Indenture requires the consent of the Holders of at least 75% in aggregate principal amount of the Notes then outstanding if any, voting as a single classsuch amendment would adversely affect the rights of the Holders of the Notes. Without the consent of any Holder of a NoteNotes, the Indenture, Issuers and the Subsidiary Guarantees Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented without the consent of any Holder of a Note: to cure any ambiguity, defect or inconsistency, ; to provide for uncertificated Notes in addition to or in place of certificated Notes, ; to provide for the assumption and 105 discharge of the Company's or Issuers' and the Subsidiary Guarantor's Guarantors' obligations to Holders of the Notes in the case of a merger or consolidationconsolidation pursuant to Article 5 or Article 11 of the Indenture, as applicable; to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, ; to comply with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the Issuance of Additional Notes in accordance with the limitations set forth in the Indenture, TIA; or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee with respect to guarantee the Notes.

Appears in 1 contract

Samples: Indenture (Foamex International Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Guarantees Notes or the Notes Note Guarantee may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the Notes then outstanding Notes and Additional of all series affected voting together as one class (including consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes, if any, voting as a single class), and any existing default or compliance with any provision of the Indenture, the Subsidiary Guarantees Notes or the Notes Note Guarantee may be waived with the consent of the Holders of a majority in aggregate principal amount of the Notes then outstanding Notes and Additional of all series affected voting together as one class (including consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes, if any, voting as a single class). Without the consent of any Holder of a Note, the Issuers, the Parent Guarantor and the Trustee may amend or supplement the Indenture, the Subsidiary Guarantees Notes or the Notes may be amended or supplemented Note Guarantee to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for or confirm the issuance of Additional Notes, to provide for the assumption of the Company's Issuers’ or Subsidiary the Parent Guarantor's ’s obligations to Holders of Notes of any series in the Notes in case of a merger or consolidationconsolidation or sale of all or substantially all of the Issuers’ assets, to release any Subsidiary Guarantee in accordance with the provisions of the Indenture, to make any change that would provide any additional rights or benefits to the Holders of the Notes of any series or that does not adversely affect the legal rights under the Indenture of any such Holder, or to comply with the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, TIA or otherwise as necessary to provide for the Issuance of Additional Notes in accordance comply with the limitations set forth in the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee with respect to the Notesapplicable law.

Appears in 1 contract

Samples: Charter Communications Inc /Mo/

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Subsidiary Guarantees or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or Subsidiary Guarantor's obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the Issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee with respect to the Notes.

Appears in 1 contract

Samples: Indenture (Dominos Pizza Government Services Division Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Guarantees Indenture or the Notes or the Guarantees may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes and including Additional Notes, if any, voting as a single class, and any existing default Default or Event or Default or compliance with any provision of the Indenture, the Subsidiary Guarantees Indenture or the Notes or the Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes and including Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees Indenture or the Notes or the Guarantees may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or Subsidiary a Guarantor's obligations to Holders of the Notes and Guarantees in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture ActTIA, to provide for the Issuance issuance of Additional Notes in accordance with the limitations set forth in the Indenture, Indenture or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee with respect to the Notes.

Appears in 1 contract

Samples: Indenture (Horizon Personal Communications Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Guarantees or Notes and the Notes Security Documents may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Subsidiary Guarantees or Notes and the Notes Security Documents may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees or Notes and the Notes Security Documents may be amended or supplemented among other things, to cure any ambiguity, omission, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or Subsidiary Guarantor's obligations to Holders of the Notes in case of a merger or consolidationconsolidation or sale of all or substantially all of the Company's assets in accordance with the terms of the Indenture, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture ActTIA, to provide add to the covenants of the Company for the Issuance benefit of Additional Notes in accordance with the limitations set forth in Holders or to surrender any right or power conferred by the IndentureIndenture upon the Company, or to allow effect any Subsidiary Guarantor to execute a supplemental indenture change to the transfer and exchange restrictions and Note delivery procedures contained in the Indenture and/or a Subsidiary Guarantee in order to conform with respect to the Noteschanges in any applicable law or Applicable Procedures.

Appears in 1 contract

Samples: Metromedia Fiber Network Inc

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Subsidiary Guarantees or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or Subsidiary Guarantor's obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the Issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Note Guarantee with respect to the Notes.

Appears in 1 contract

Samples: Southwest General Hospital Lp

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Guarantees Notes or the Notes Parent Guarantee may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class, and any existing default Default or compliance with any provision of the Indenture, the Subsidiary Guarantees Notes or the Notes Parent Guarantee may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees Notes or the Notes Parent Guarantee may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or Subsidiary Guarantor's obligations to Holders of the Notes in case of a merger or consolidation, to provide for additional Guarantors as set forth in the Indenture or for the release or assumption of Guarantees in compliance with the Indenture, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the provisions of the Depositary, Euroclear or Clearstream or the Trustee with respect to the provisions of the Indenture or the Notes relating to transfers and exchanges of Notes or beneficial interests therein, or to comply with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, TIA or to provide for the Issuance issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to Indenture as of the Indenture and/or a Subsidiary Guarantee with respect to the Notesdate thereof.

Appears in 1 contract

Samples: Dennys Corp

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Subsidiary Guarantees Indenture or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or Subsidiary Guarantor's obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the Issuance of Additional Notes in accordance with the limitations set forth in the Indenture, to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture as of the date of the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee with respect to the Notes.

Appears in 1 contract

Samples: Indenture (Lone Star Technologies Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Subsidiary Guarantees or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's ’s or Subsidiary any Guarantor's ’s obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the Issuance issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee with respect to the Notes.

Appears in 1 contract

Samples: Indenture (Hughes Supply Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Guarantees Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least of, in the aggregate, a majority in principal amount of the then outstanding Notes Notes, and any existing Default or Event of Default (other than a Default or Event of Default in the payment of principal of, premium and Additional NotesAmounts, Extraordinary Cash Payments or Excess Cash Flow Payments, if any, voting as and interest on the Notes, except a single class, and any existing payment default resulting from an acceleration that has been rescinded) or non-compliance with any provision of the Indenture, the Subsidiary Guarantees Indenture or the Notes (other than in respect of a covenant or provision which under the Indenture cannot be modified or amended without the consent of the Holder of each outstanding Note, including the right of any Holder to receive payments due on any Note or to bring action for enforcement for such payment) may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a NoteHolder, the Indenture, the Subsidiary Guarantees Indenture or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, Notes to provide for the assumption of the Company's or Subsidiary a Guarantor's obligations to Holders of in the Notes in case of a merger or consolidation, to evidence and provide for the acceptance of the appointment of a successor Trustee pursuant to the Indenture, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, or to comply with the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the Issuance of Additional Notes TIA as then in accordance with the limitations set forth in the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee with respect to the Noteseffect.

Appears in 1 contract

Samples: Indenture (Claxson Interactive Group Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Note Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Subsidiary Note Guarantees or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Note Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or Subsidiary Guarantor's obligations to Holders of the Notes in case of a merger or consolidationconsolidation or sale of all or substantially all of the Company's assets, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission SEC in order to effect or A1-4 maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the Issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Note Guarantee with respect to the Notes.

Appears in 1 contract

Samples: Pledge and Security Agreement (Unwired Telecom Corp)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Subsidiary Guarantees or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or Subsidiary any Guarantor's obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the Issuance of Additional Notes in accordance with the A2-5 limitations set forth in the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee with respect to the Notes.

Appears in 1 contract

Samples: Indenture (Ipc Acquisition Corp)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptionsexceptions and limitations, the Indenture, the Subsidiary Note Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Subsidiary Note Guarantees or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees Indenture or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or Subsidiary a Guarantor's obligations to Holders of the Notes in case of a merger or consolidationconsolidation or a transfer of all or substantially all of its assets, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect in any material respect the legal rights under the Indenture of any such Holder, to provide any security for, any guarantees of or any additional obligors on the Notes or the Note Guarantees, or to confirm and evidence the release, termination or discharge of any such security or guarantee when such release, termination or discharge is permitted by this Indenture, to comply with the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the Trust TIA, and to conform the text of the Indenture Act, or the Notes to provide for any provision in the Issuance Offering Circular relating to the initial issuance of Additional the Notes in accordance with the limitations set forth section "Description of Notes" to the extent that such provision in the "Description of Notes" was intended to be a substantially verbatim recitation of a provision of the Indenture, the Note Guarantees or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee with respect to the Notes.

Appears in 1 contract

Samples: North American Pipe Corp

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Guarantees Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes (and Additional Notes, if any, ) voting as a single class, and any existing default or compliance with any provision of the Indenture, the Subsidiary Guarantees Indenture or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes (and Additional Notes, if any, ) voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees Indenture or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or Subsidiary Guarantor's obligations to Holders of the Notes in case of a merger or consolidationconsolidation or sale of all or substantially all of the Company's assets, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, Act or to provide for the Issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee with respect to the Notes.

Appears in 1 contract

Samples: Indenture (Covad Communications Group Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Guarantees Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Subsidiary Guarantees Indenture or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees Indenture or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or Subsidiary Guarantor's obligations to Holders of the Notes in case of a merger or consolidationconsolidation or sale of all or substantially all of the Company's assets, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the Issuance issuance of Additional Notes in accordance with the limitations set forth in the Indenture, to release a Guarantor from its obligation under its Subsidiary Guarantee or this Indenture in accordance with the terms of this Indenture, to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee with respect to the Notes, or to evidence and provide the acceptance of the appointment of a successor Trustee under this Indenture.

Appears in 1 contract

Samples: Genesis Healthcare Corp

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Note Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Subsidiary Note Guarantees or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Note Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or Subsidiary any Guarantor's obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture ActAct , to provide for the Issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Note Guarantee with respect to the Notes.

Appears in 1 contract

Samples: Indenture (American Cellular Corp /De/)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Guarantees Guarantee, the Parent Guarantee or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Subsidiary Guarantees A1-4 Guarantee, the Parent Guarantee or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees Guarantee, the Parent Guarantee or the Notes may be amended or supplemented to change a notice address, to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes or to alter the provisions of Article 2 of the Indenture (including the related definitions) in a manner that does not materially adversely affect any Holder of the Notes, to provide for the assumption of the Company's or Subsidiary any Guarantor's obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the Issuance acceptance of Additional Notes in accordance appointment under the Indenture of a successor Trustee with respect to the limitations set forth in the IndentureNotes, or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee or a Parent Guarantee with respect to the Notes.

Appears in 1 contract

Samples: Indenture (Appleton Papers Inc/Wi)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Note Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Subsidiary Note Guarantees or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Note Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or Subsidiary any Guarantor's obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the Issuance issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Note Guarantee with respect to the Notes.

Appears in 1 contract

Samples: Jondex Corp

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Subsidiary Guarantees or the Notes may be waived with the consent of the Holders of a majority in EXHIBIT 4.9 principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or Subsidiary Guarantor's obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the Issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee with respect to the Notes.

Appears in 1 contract

Samples: Argosy Gaming Co

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Guarantees Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes and Additional (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes, if any, voting as a single class, and any ). Any existing default Default or compliance with any provision of the Indenture, the Subsidiary Guarantees Indenture or the Notes (other than any provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) may be waived waived, including by way of amendment, with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes and Additional (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes, if any, voting as a single class). Without the consent of any Holder of a Note, the Indenture, Issuers and the Subsidiary Guarantees Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented (i) to cure any ambiguity, mistake, defect or inconsistency, (ii) to provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm the issuance of Additional Notes, (iv) to provide for the assumption of the Company's or Subsidiary Guarantor's Issuers’ obligations to Holders of in the Notes in case of a merger or consolidationconsolidation or sale of all or substantially all of the Issuers’ assets, (v) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, (vi) to comply with the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the Trust TIA or otherwise as necessary to comply with applicable law or (vii) to conform the Indenture Act, to provide for or the Issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee with respect to “Description of Notes” section of the NotesOffering Memorandum.

Appears in 1 contract

Samples: Indenture (Charter Communications, Inc. /Mo/)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Guarantees Guaranties or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Subsidiary Guarantees Guaranties or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees Guaranties or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or Subsidiary Guarantor's obligations to Holders of the Notes in case of a merger or consolidationconsolidation or sale of all or substantially all of the Company's assets, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the Issuance issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee Guaranties with respect to the Notes.

Appears in 1 contract

Samples: Execution Copy (Mark I Molded Plastics of Tennessee Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Subsidiary Guarantees or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or Subsidiary any Guarantor's obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to conform the text of the Indenture, the Subsidiary Guarantees or the Notes to any provision contained in the "Description of Notes" in the Prospectus Supplement to the extent that such provision in the "Description of Notes" was intended to be a verbatim recitation of a provision of the Indenture, the Subsidiary Guarantees or the Notes, to provide for the Issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee with respect to the Notes.

Appears in 1 contract

Samples: Corrections Corp of America

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Guarantees Notes or the Notes Guarantees may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class, and any existing default Default or compliance with any provision of the Indenture, the Subsidiary Guarantees Notes or the Notes Guarantees may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees Notes or the Notes Guarantees may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or Subsidiary Guarantor's ’s obligations to Holders of the Notes in case of a merger or consolidation, to provide for additional Guarantors as set forth in the Indenture or for the release or assumption of Guarantees in compliance with the Indenture, to make any change that would provide any additional rights or benefits to the Holders of the Notes (including the addition of any Guarantor) or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the provisions of the Depositary, Euroclear or Clearstream or the Trustee with respect to the provisions of the Indenture or the Notes relating to transfers and exchanges of Notes or beneficial interests therein, or to comply with the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to provide for the Issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee with respect to the NotesTIA.

Appears in 1 contract

Samples: Bio Rad Laboratories Inc

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Subsidiary Guarantees or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistencyinconsistency or to make a modification of a formal, minor or technical nature or to correct a manifest error, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's ’s or Subsidiary Guarantor's ’s obligations to Holders of the Notes in case of a merger or consolidationconsolidation or sale of all or substantially all of the Company’s assets, to add Guarantees with respect to the Notes or to secure the Notes, to add to the covenants of the Company or any Guarantor for the benefit of the Holders of the Notes or surrender any right or power conferred upon the Company or any Guarantor, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, to evidence and provide for the Issuance acceptance and appointment under the Indenture of a successor trustee pursuant to the requirements thereof, or to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee with respect to the Notes.

Appears in 1 contract

Samples: Supplemental Indenture (Asbury Automotive Group Inc)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Notes, the Note Guarantees or and the Notes other Financing Documents may be amended or supplemented with the consent of the Holders (or in the case of the Collateral Agent, if applicable, at the direction of the Trustee acting on such Holders’ consent) of at least a majority in aggregate principal amount of the then outstanding Notes voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and Additional Notes6.07 of the Indenture, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium, if any, voting as or interest on, the Notes, except a single class, and any existing payment default resulting from an acceleration that has been rescinded) or compliance with any provision of the Indenture, the Subsidiary Guarantees Indenture or the Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single classclass (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes). Without the consent of any Holder of a Note, the Indenture, the Subsidiary Notes, the Note Guarantees or and the Notes other Financing Documents may be amended or supplemented to cure any ambiguity, defect or inconsistencyinconsistency in a manner that does not materially and adversely affect the rights of any Holder, to evidence and provide for the acceptance of an appointment of a successor Trustee, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or Subsidiary Guarantor's obligations any Note Guarantee, to Holders of secure the Notes in case or to confirm and evidence the release, termination or discharge of a merger any Note Guarantee of or consolidationLien on Collateral Securing the Notes when such release, termination or discharge is permitted by the Indenture, to given effect to any Permitted Reorganization or Existing Project Finance Loan Purchase to the extent permitted by the Indenture, or to make any other change that would provide any additional rights or benefits to the Holders of the Notes or that does not materially and adversely affect the legal rights under the Indenture of any such Holder, Holder or to comply with conform the requirements of the Commission in order to effect or maintain the qualification text of the Indenture under to any provision of the Trust Indenture Act, to provide for “Description of Notes” section of the Issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee with respect to the NotesOffering Circular.

Appears in 1 contract

Samples: Indenture (QGOG Constellation S.A.)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Guarantees Notes or the Notes Guarantee may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class, and any existing default Default or compliance with any provision of the Indenture, the Subsidiary Guarantees Notes or the Notes Guarantee may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees Notes or the Notes Guarantee may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or Subsidiary Guarantor's Financeco’s obligations and Solectron’s obligations to Holders of the Notes and Guarantee in case of a merger or consolidationconsolidation or sale of all or substantially all of Solectron’s assets, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture ActTIA, to provide for add guarantors to the Issuance Notes or to add collateral securing the Notes pursuant to the terms of Additional Notes in accordance with the limitations set forth in the Indenture, to make any change to Article XI of the Indenture that would limit or terminate benefits available to any holder of Senior Debt or to allow conform the text of the Indenture or this Note to any Subsidiary Guarantor to execute a supplemental indenture provision under the caption “Description of the Notes” in the Offering Memorandum to the extent such provision thereon is inconsistent with the corresponding provision of the Indenture and/or a Subsidiary Guarantee with respect to the Notesor this Note.

Appears in 1 contract

Samples: Indenture (Solectron Corp)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Note Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes and Additional Notes, if anyincluding the Fixed Rate Notes, voting as a single class, and any existing default or compliance with any provision of the Indenture, the Subsidiary Note Guarantees or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if anyincluding the Fixed Rate Notes, voting as a single class. Without the consent of any Holder of a Note, the IndentureXxxxxxxxx, the Subsidiary Note Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or Subsidiary Guarantor's obligations to Holders of the Notes in case of a merger or consolidationconsolidation or sale of all or substantially all of the Company's assets, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, or to provide for the Issuance of Additional Notes in accordance with the limitations set forth in the Indentureenter into additional or supplemental Collateral Documents. Any amendment to, or waiver of the provisions of any of the Collateral Documents relating to allow any Subsidiary Guarantor to execute a supplemental indenture to Section 4.13 or Article 10 of the Indenture and/or shall require the consent of the Holders of at least 85% in aggregate principal amount of Notes, including the Fixed Rate Notes, then outstanding voting as a Subsidiary Guarantee with respect to the Notessingle class.

Appears in 1 contract

Samples: HWCC Shreveport Inc

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Guarantees Notes or the Notes Guarantees may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class, and any existing default Default or compliance with any provision of the Indenture, the Subsidiary Guarantees Notes or the Notes Guarantees may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes. Notwithstanding the foregoing, without the consent of the Holders of not less than two-thirds in aggregate principal amount of the Notes at the time outstanding, the Company, the Guarantors and Additional Notesthe Trustee may not amend or supplement the Collateral Agreements, if any, voting as a single classor waive or modify the rights of the Holders thereunder. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Notes, the Guarantees or the Notes Collateral Agreements may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or Subsidiary Guarantor's obligations to Holders of the Notes in case of a merger or consolidation, to provide for additional Guarantees as set forth in the Indenture or for the release or assumption of Guarantees in compliance with the Indenture, to make any change that would provide any additional rights or benefits to the Holders of the Notes (including the addition of any Guarantor) or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the provisions of the Depositary, Euroclear or Clearstream or the Trustee with respect to the provisions of the Indenture or the Notes relating to transfers and exchanges of Notes or beneficial interests therein, to comply with the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture ActTIA, or to provide for the Issuance issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee with respect to the Notes.

Appears in 1 contract

Samples: Mikohn (Mikohn Gaming Corp)

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Guarantees Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount at maturity of the then outstanding Notes and Additional Notes, if any, voting as a single class, and any existing default Default or Event of Default compliance with any provision of the Indenture, the Subsidiary Guarantees Indenture or the Notes may be waived with the consent of the Holders of a majority in principal amount at maturity of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees or Indenture the Notes may be amended or supplemented to cure any ambiguity, defect defect, omission, mistake or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or Subsidiary Guarantor's obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect in any material respect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture ActTIA, to comply with the rules of any applicable securities depositary, to provide for the Issuance of Additional Notes a successor trustee in accordance with the limitations set forth in terms of the Indenture, Indenture and to conform the text of the Indenture or the Notes to allow any Subsidiary Guarantor to execute a supplemental indenture provision of the "Description of Notes" section of the Company's Offering Circular to the extent that such provision in that "Description of Notes" was intended to be a verbatim recitation of a provision of the Indenture and/or a Subsidiary Guarantee with respect to or the Notes.

Appears in 1 contract

Samples: Simmons Co

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture, the Subsidiary Guarantees Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes and (including Additional Notes, if any, ) voting as a single class, and, except for any Default or Event of Default in the payment of the principal of, premium and Liquidated Damages, if any, or interest on, the Notes (including in connection with an offer to purchase), any existing default or compliance with any provision of the Indenture, the Subsidiary Guarantees Indenture or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and (including Additional Notes, if any, ) voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees Indenture or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated NotesNotes or to alter the provisions of Article 2 of the Indenture (including the related definitions) in a manner that does not materially adversely affect any Holder, to provide for the assumption of the Company's or Subsidiary Guarantor's Stater Bros.' obligations to Holders of the Notes in case of a merger merger, consolidation, or consolidationsale of assets, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, or to provide for the Issuance issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or to allow any Subsidiary Guarantor to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee with respect to the Notes.

Appears in 1 contract

Samples: Stater Bros Holdings Inc

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