Amendment to Indenture. Party B agrees that it shall not amend, modify or waive any provisions in the Indenture without the consent of Party A if such amendment, modification or waiver would have a material adverse effect on Party A’s rights under this Agreement.
Amendment to Indenture. Section 1.1. Subject to Section 1.2 hereof, the Indenture is hereby amended by adding a new Section 4.12 as follows:
Amendment to Indenture. Pursuant to Section 8.1 of the Indenture, Section 8.2 of the Indenture is hereby amended for purposes of any and all Securities, including without limitation the Series CC Debentures, issued under the Indenture by substituting the phrase "of not less than 66-2/3%" for the phrase "of not less than a majority" in the first clause of such Section 8.2.
Amendment to Indenture. Section 7.1 The first two paragraphs of Section 10.2 of the Indenture are amended and restated in their entirety to read as follows: “If an Event of Default shall have occurred under Section 10.1(d) or Section 10.1(e), the principal amount of the Securities then Outstanding and all other amounts payable thereunder shall become immediately due and payable without notice. If an Event of Default shall have occurred under Section 10.1(a), (b), or (c) and be continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Securities then Outstanding may declare the principal amount (or, if any of the Securities are Discount Securities, such portion of the principal amount of such Securities as may be specified in the terms thereof as contemplated by Section 3.1) of all Securities then Outstanding to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by Holders). Upon any Securities becoming due and payable under the first two paragraphs of this Section 10.2, automatically or by declaration, the entire principal amount (or, if any of the Securities are Discount Securities, such portion of the principal amount of such Securities as may be specified in the terms thereof as contemplated by Section 3.1), together with premium or other amounts payable, if any, and accrued interest, if any, thereon, shall become immediately due and payable.”
Amendment to Indenture. Paragraph 5 of Section 501 of the Indenture is hereby amended and restated in its entirety as follows:
Amendment to Indenture. Each of Purchaser and the Company will use its best efforts to cause the Trustee under the Indenture relating to the Debentures to amend the Indenture, effective at the Effective Time, such that the Surviving Corporation assumes the rights and obligations of the Company thereunder. 40
Amendment to Indenture. Section 6.01(1) of the Indenture is hereby amended and restated as follows: “default for 120 days in the payment when due of interest on, or Additional Interest, if any, with respect to, the Notes, whether or not prohibited by the subordination provisions of this Indenture;”
Amendment to Indenture. Section 2.11 of the Indenture is hereby amended by deleting the second paragraph thereof in its entirety and replacing it with the following: “If the Company defaults in a payment of interest on Notes of a particular maturity, it shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, to the Persons who are Holders of such Notes on a subsequent special Record Date established by the Company. At least 15 days before the subsequent special Record Date, the Company shall mail to each Holder of such Notes, as of a recent date selected by the Company, with a copy to the Trustee, a notice that states the subsequent special Record Date, the amount of defaulted interest and interest payable on such defaulted interest, if any, to be paid and the date on which payment shall be made to the Holders of such Notes, which date shall be either (i) the fifteenth day after the special Record Date or the next succeeding Business Day if such date is not a Business Day, or (ii) or (ii) such earlier Business Day after the special Record Date (A) designated by the Company in writing to the Trustee and (B) agreed to by the Trustee as being reasonably practicable for the payment of such defaulted interest.”
Amendment to Indenture. SECTION 2.1. Section 101 of the Indenture is supplemented and amended to add the following term:
Amendment to Indenture. A. Each of the parties to this Agreement, including the Insurer, as Controlling Party under each Series of Notes issued pursuant to the Indenture, hereby agrees to amend Section 9.06(a) of the Indenture by adding the following at the end of the paragraph: Notwithstanding anything to the contrary herein, transfers of indirect interests in the Issuers, the Mortgage Loans, Mortgaged Properties and Leases as a result of (a) the issuance and public trading of shares in Spirit Realty Capital, Inc., a Maryland corporation (formerly known as Spirit Finance Corporation), (b) the issuance and transfers of limited partnership interests in Spirit Realty, L.P., a Delaware limited partnership (as successor by conversion to Spirit Finance Acquisitions, LLC), (c) the exchange of limited partnership interests in Spirit Realty, L.P. for shares in Spirit Realty Capital, Inc. and (d) transfers of any interests of any entity that owns equity interests in Spirit Realty Capital, Inc. and Spirit Realty, L.P. shall be permitted; provided that, in each case, at all times Spirit Realty Capital, Inc., maintains indirect control of the Issuers (collectively, “Permitted Transfers”).
