Amendment to the Indenture. Section 1.01. Each New Guarantor shall hereby become a Subsidiary Guarantor under the Indenture effective as of the date hereof, and as such shall be entitled to all the benefits and be subject to all the obligations, of a Subsidiary Guarantor thereunder. Each New Guarantor agrees to be bound by all those provisions of the Indenture binding upon a Subsidiary Guarantor.
Amendment to the Indenture. (a) The Indenture shall hereby be amended by deleting the following Sections or clauses of the Indenture and all references and definitions related thereto (to the extent not otherwise used in any other Section of the Indenture or the 6 5/8% Debentures) in their entirety, and these Sections and clauses shall be of no further force and effect, and shall no longer apply to the 6 5/8% Debentures, and the words “[INTENTIONALLY DELETED]” shall be inserted, in each case, in place of the deleted text:
Amendment to the Indenture. 1. Section 801 of the Indenture is amended to read in its entirety as follows:
(a) The Company shall not consolidate with or merge into any other corporation or convey or transfer its properties and assets substantially as an entirety to any Person unless:
(1) the corporation formed by such consolidation or into which the Company is merged or the Person which acquires by conveyance or transfer the properties and assets of the Company substantially as an entirety shall be a corporation organized and existing under the laws of the United States of America, any State thereof or the District of Columbia, and shall expressly assume, by an indenture supplemental hereto, executed and delivered to the Trustee for each series of Securities, in form satisfactory to each such Trustee, the due and punctual payment of the principal of (and premium, if any) and interest, if any, (including all additional amounts, if any, payable pursuant to Sections 516 or 1011) on all the Securities and any related coupons and the performance of every covenant of this Indenture on the part of the Company to be performed or observed;
(2) immediately after giving effect to such transaction, no Event of Default with respect to any series of Securities, and no event which, after notice or lapse of time, or both, would become an Event of Default with respect to any series of Securities, shall have happened and be continuing;
(3) the successor corporation assuming the Securities and coupons shall have agreed, by supplemental indenture, to indemnify the individuals liable therefor for the amount of United States federal estate tax paid solely as a result of such assumption in respect of Securities and coupons held by individuals who are not citizens or residents of the United States at the time of their death; and
(4) the Company has delivered to the Trustee for each series of Securities an Officers’ Certificate and an Opinion of Counsel each stating that such consolidation, merger, conveyance or transfer and such supplemental indenture comply with this Article and that all conditions precedent herein provided for relating to such transaction have been complied with.
(b) For purposes of the provisions of Section 801(a), the distribution by the Company to its stockholders of 100% of the shares of Common Stock of PMI shall be deemed not to be a conveyance or transfer of the properties and assets of the Company substantially as an entirety and shall be exempted from any determination as to wheth...
Amendment to the Indenture. Section 201.
Amendment to the Indenture. Section 3.10 shall be added to the Indenture and will state in its entirety as follows:
Amendment to the Indenture. Section 1.01. Amida shall hereby become a Subsidiary Guarantor under the Indenture effective as of the date hereof, and as such shall be entitled to all the benefits and be subject to all the obligations, of a Subsidiary Guarantor thereunder. Amida agrees to be bound by all those provisions of the Indenture binding upon a Subsidiary Guarantor.
Amendment to the Indenture. The Indenture is hereby amended so as to deem all references to the “Company” to be references to UR Merger Sub Corporation and its successors and permitted assigns.
Amendment to the Indenture. The Proposed Amendments to the Indenture, as set forth in this Article II, shall apply to the applicable Notes Documents and be effective as of the date hereof. Any provision of the Notes Documents that conflicts with the express provisions of this Third Supplemental Indenture shall be deemed to be amended, and the provisions of this Third Supplemental Indenture shall control.
Amendment to the Indenture. The first paragraph of Section 2.3 shall be amended and restated in its entirety as follows:
Amendment to the Indenture. The Indenture is hereby amended by deleting the second paragraph of Section 4.02 in its entirety and replacing it with the following: "If the Company is not subject to, or for any reason is not complying with, the requirements of Section 13 or 15(d) of the Exchange Act, the Company shall make available to all of the Holders all quarterly and annual reports which the Company would have been required to file with the SEC if it were subject to the requirements of Section 13 or 15(d) of the Exchange Act, including a "Management's Discussion and Analysis of Financial Condition and Results of Operations," and with respect to annual financial statements only, a report thereon by the Company's independent accountants. Notwithstanding the immediately preceding sentence, if (i) the Company is a subsidiary of a corporation or other person ("Parent") which is subject to and is complying with the requirements of Section 13 or 15(d) of the Exchange Act, and (ii) Parent has guaranteed the payment of the Principal of and interest on the Securities in accordance with their terms, then in lieu of complying with the foregoing the Company shall make available to all of the Holders, upon written request, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC may by rules and regulations prescribe) which Parent is required to file with the SEC pursuant to Section 13 or 15(d) of the Exchange Act."
