Amendment to Article Five. The text of Section 5.01 (entitled "Merger, Consolidation, or Sale of Assets"), excluding the Section number and introductory heading at the beginning of such Section, is amended in its entirety to read as follows: "The Company shall not, directly or indirectly (1) consolidate or merge with or into (whether or not the Company is the surviving corporation); or (2) sell, assign, transfer, convey or otherwise dispose of all or substantially all of its properties or assets, in one or more related transactions, to another Person, unless either: (a) the Company is the surviving corporation; or (b) the Person formed by or surviving any such consolidation or merger (if other than the Company) or to which such sale, assignment, transfer, conveyance or other disposition shall have been made is a corporation organized or existing under the laws of the United States, any state thereof or the District of Columbia; The provisions of this covenant shall not be applicable to a sale, assignment, transfer, conveyance or other disposition of assets between or among the Company and any of the Restricted Subsidiaries."
Amendment to Article Five. Section 501 of the Indenture, captioned "Events of Default." is hereby amended to read in its entirety as follows: SECTION 501 EVENTS OF DEFAULT.
Amendment to Article Five. The text of Section 5.01 (entitled "When Company May Merge, etc."), excluding the Section number and introductory heading at the beginning of such Section, is amended in its entirety to read as follows: "The Company will not consolidate with or merge with or into, or convey, transfer or lease all or substantially all its assets to, any Person, unless the resulting, surviving or transferee Person (the "Successor Company") will be a Person organized and existing under the laws of the United States of America, any State thereof or the District of Columbia and the Successor Company (if not the Company) will expressly assume all the obligations of the Company under the Notes and this Indenture by executing and delivering to the Trustee a supplemental indenture or one or more other documents or instruments in form reasonably satisfactory to the Trustee."
Amendment to Article Five. The text of Section 5.01 (entitled "Merger, Consolidation, or Sale of Assets"), excluding the Section number and introductory heading at the beginning of such Section, is amended in its entirety to read as follows: "The Company will not, directly or indirectly, consolidate or merge with or into another Person (whether or not the Company is the surviving corporation), and the Company will not, and will not cause or permit any Restricted Subsidiary to, sell, assign, transfer, convey or otherwise dispose of all or substantially all of the properties or assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person (including by way of consolidation or merger), unless either: (a) the Company or such Restricted Subsidiary, as the case may be, is the surviving corporation; or (b) the Person formed by or surviving any such consolidation or merger (if other than the Company or such Restricted Subsidiary) or to which such sale, assignment, transfer, conveyance or other disposition shall have been made is a corporation, partnership or limited liability company organized or existing under the laws of the United States, any state thereof or the District of Columbia; provided, that in the case such Person is a limited liability company or a partnership, a co-obligor of the Notes is a corporation."
Amendment to Article Five. Effective upon the Payment Date, unless, prior to that time, the Company, by written notice to the Trustee, has terminated this Third Supplemental Indenture, Section 5.01 of the Indenture is hereby amended to delete therefrom clauses (ii), (iii) and (iv) and all references thereto in their entirety.
Amendment to Article Five. Paragraphs (3) and (4) of ------------------------- Section 5.01 (entitled "Merger Condition or Sales of Assets"), including the paragraph number at the beginning of each such paragraph, as well as the last paragraph of Section 5.01, are deleted in their entirety, and all references to such paragraphs are deleted in their entirety.
