Common use of Amendment with Consent of Holders Clause in Contracts

Amendment with Consent of Holders. With the consent of the Holders of not less than 66 2/3% of the Outstanding Securities, by Act of said Holders delivered to the Company, the Purchase Contract Agent and the Collateral Agent, the Company, when authorized by a Board Resolution, the Purchase Contract Agent and the Collateral Agent may amend this Agreement for the purpose of modifying in any manner the provisions of this Agreement or the rights of the Holders in respect of the Securities; provided, however, that no such supplemental agreement shall, without the consent of the Holder of each Outstanding Security affected thereby, (1) change the amount or type of Treasury Notes underlying a Security, impair the right of the Holder of any Security to receive interest payments on the underlying Treasury Notes or otherwise adversely affect the Holder's rights in or to such Treasury Notes; or (2) otherwise effect any action that would require the consent of the Holder of each Outstanding Security affected thereby pursuant to the Purchase Contract Agreement if such action were effected by an agreement supplemental thereto; or (3) reduce the percentage of Outstanding Securities the consent of whose Holders is required for any such amendment. It shall not be necessary for any Act of Holders under this Section to approve the particular form of any proposed amendment, but it shall be sufficient if such Act shall approve the substance thereof.

Amendment with Consent of Holders. With the consent of the Holders of not less than 66 2/3% of the Outstanding Securities, by Act of said Holders delivered to the Company, the Purchase Contract Agent agent and the Collateral Agent, the Company, when authorized by a the Board Resolution, the Purchase Contract Agent and the Collateral Agent may amend this Agreement for the purpose of modifying in any manner the provisions of this Agreement or the rights of the Holders holders in respect of the Securities; provided, however, that no such supplemental agreement shall, without the consent of the Holder of each Outstanding Security affected thereby, (1) . change the amount or type of Treasury Notes Collateral Securities underlying a Security, impair the right of the Holder of any Security to receive interest payments distributions on the underlying Treasury Notes Collateral Securities or otherwise adversely affect the Holder's rights in or to such Treasury NotesCollateral Securities; or (2) . otherwise effect any action that would require the consent of the Holder of each Outstanding Security affected thereby pursuant to the Purchase Contract Agreement if such action were effected by an agreement supplemental thereto; or (3) . reduce the percentage of Outstanding Securities the consent of whose Holders is required for any such amendment. It shall not be necessary for any Act of Holders under this Section to approve the particular form of any proposed amendment, but it shall be sufficient if such Act act shall approve the substance thereof.

Amendment with Consent of Holders. With the consent of the Holders of not less than 66 2/3% a majority of the Outstanding SecuritiesPurchase Contracts at the time outstanding, by Act of said Holders delivered to the Company, the Purchase Contract Agent and or the Collateral Agent, as the case may be, the Company, the Purchase Contract Agent, the Collateral Agent, the Company, when authorized by a Board Resolution, the Purchase Contract Custodial Agent and the Collateral Agent Securities Intermediary may amend this Agreement for the purpose of modifying in any manner the provisions of this Agreement or the rights of the Holders in respect of the Securities; provided, however, that no such supplemental agreement shall, without the consent of the Holder of each Outstanding Security adversely affected thereby, (1a) change the amount or type of Treasury Notes Collateral underlying a SecuritySecurity (subject to the rights of Holders to make Collateral Substitutions as contemplated by Sections 4.1 and 4.2), impair the right of the Holder of any Security to receive interest payments distributions on the underlying Treasury Notes Collateral or otherwise adversely affect the Holder's rights in or to such Treasury NotesCollateral; or (2b) otherwise effect any action that would require the consent of the Holder of each Outstanding Security affected thereby pursuant to the Purchase Contract Agreement if such action were effected by an agreement supplemental thereto; or (3c) reduce the percentage of Outstanding Securities Purchase Contracts the consent of whose Holders is required for any such amendment. It shall not be necessary for any Act of Holders under this Section to approve the particular form of any proposed amendment, but it shall be sufficient if such Act shall approve the substance thereof.

Amendment with Consent of Holders. With the consent of the Holders of not less than 66 2/3% a majority of the Outstanding SecuritiesNotes, by Act of said such Holders delivered to the CompanyPledgor, the Purchase Contract Indenture Trustee, the Collateral Agent and the Collateral AgentSecurities Intermediary, the CompanyPledgor, when duly authorized by a Board Resolution, the Purchase Contract Indenture Trustee, the Collateral Agent and the Collateral Agent Securities Intermediary may amend this Agreement for the purpose of modifying in any manner the provisions of this Agreement or the rights of the Holders in respect of the SecuritiesAgreement; provided, however, that no such supplemental agreement amendment shall, without the consent of the each Holder of each the Outstanding Security Notes affected thereby,thereby (in addition to a majority of the Outstanding Notes): (1i) change the amount or type of Treasury Collateral required to be pledged to secure the Pledgor’s performance under the Notes underlying a Security, impair the right (except as set forth in Article 4 of the Holder of any Security to receive interest payments on the underlying Treasury Notes or otherwise adversely affect the Holder's rights in or to such Treasury NotesIndenture); or (2ii) otherwise effect any action that would require the consent of the Holder of each Outstanding Security Notes affected thereby pursuant to the Purchase Contract Agreement Indenture if such action were effected by an agreement supplemental theretoa modification or amendment of the provisions of the Indenture; or (3iii) reduce the above-stated percentage of Principal Amount of Outstanding Securities Notes the consent of whose the Holders of which is required for any such amendmentthe modification or amendment of the provisions of this Agreement. It shall not be necessary for any Act of Holders under this Section to approve the particular form of any proposed amendment, but it shall be sufficient if such Act shall approve the substance thereof.

Amendment with Consent of Holders. With the consent of the Holders of not less than 66 2/3% of the Outstanding Securities, by Act of said Holders delivered to the Company, the Purchase Contract Agent and the Collateral Agent, the Company, when authorized by a Board Resolution, the Purchase Contract Agent and the Collateral Agent may amend this Agreement for the purpose of modifying in any manner the provisions of this Agreement or the rights of the Holders in respect of the Securities; provided, however, that no such supplemental agreement shall, without the consent of the Holder of each Outstanding Security affected thereby, (1) . change the amount or type of Treasury Notes underlying a Security, impair the right of the Holder of any Security to receive interest payments on the underlying Treasury Notes or otherwise adversely affect the Holder's rights in or to such Treasury Notes; or (2) . otherwise effect any action that would require the consent of the Holder of each Outstanding Security affected thereby pursuant to the Purchase Contract Agreement if such action were effected by an agreement supplemental thereto; or (3) . reduce the percentage of Outstanding Securities the consent of whose Holders is required for any such amendment. It shall not be necessary for any Act of Holders under this Section to approve the particular form of any proposed amendment, but it shall be sufficient if such Act shall approve the substance thereof.

Amendment with Consent of Holders. With the consent of the Holders of not less than 66 2/3% a majority of the Outstanding SecuritiesPurchase Contracts at the time outstanding, by Act of said Holders delivered to the Company, the Purchase Contract Agent and or the Collateral Agent, as the case may be, the Company, the Purchase Contract Agent, the Collateral Agent, the Company, when authorized by a Board Resolution, the Purchase Contract Custodial Agent and the Collateral Agent Securities Intermediary may amend this Agreement for the purpose of modifying in any manner the provisions of this Agreement or the rights of the Holders in respect of the Securities; provided, however, that no such supplemental agreement shall, without the consent of the Holder of each Outstanding Security adversely affected thereby, (1a) change the amount or type of Treasury Notes Collateral underlying a SecuritySecurity (subject to the rights of Holders to make Collateral Substitutions as contemplated by Sections 4.1 and 4.2), impair the right of the Holder of any Security to receive interest payments distributions on the underlying Treasury Notes Collateral or otherwise adversely affect the Holder's rights in or to such Treasury NotesCollateral; or (2b) otherwise effect any action that would require the consent of the Holder of each Outstanding Security affected thereby pursuant to the Purchase Contract Agreement if such action were effected by an agreement supplemental thereto; or (3c) reduce the percentage of Outstanding Securities Purchase Contracts the consent of whose Holders is required for any such amendment. It shall not be necessary for any Act of Holders under this Section Article IX to approve the particular form of any proposed amendment, but it shall be sufficient if such Act shall approve the substance thereof.

Amendment with Consent of Holders. With the consent of the Holders of not less than 66 2/3% a majority in principal amount of the Securities at the time Outstanding Securitiesof all series affected by such amendment (each such series voting as a separate class), by Act of said Holders delivered to the CompanyGuarantor and the Trustee, the Purchase Contract Agent and the Collateral Agent, the CompanyGuarantor, when authorized by a Board Resolution, the Purchase Contract Agent and the Collateral Agent Trustee may amend enter into an amendment to this Agreement for the purpose of modifying adding any provisions to or changing in any manner or eliminating any of the provisions of this Agreement or of modifying in any manner the rights of the Holders in respect of the SecuritiesSecurities of such series under this Agreement; provided, however, that no such supplemental agreement amendment shall, without the consent of the Holder of each outstanding Security affected thereby, (a) modify Article II or the definitions used in Article II in a manner which adversely affects the Holders of Outstanding Securities in any material respect, or (b) modify any of the provisions of this Section 4.02, except to increase any such percentage or to provide that certain other provisions of this Agreement cannot be modified or waived without the consent of the Holder of each Outstanding Security affected thereby, (1) change . An amendment that changes or eliminates any covenant or other provision of this Agreement which has expressly been included solely for the amount benefit of one or type more particular series of Treasury Notes underlying a SecuritySecurities, impair or that modifies the right rights of the Holder Holders of Securities of such series with respect to such covenant or other provision, shall be deemed not to affect the rights under this Agreement of the Holders of Securities of any Security to receive interest payments on the underlying Treasury Notes or otherwise adversely affect the Holder's rights in or to such Treasury Notes; or (2) otherwise effect any action that would require the consent of the Holder of each Outstanding Security affected thereby pursuant to the Purchase Contract Agreement if such action were effected by an agreement supplemental thereto; or (3) reduce the percentage of Outstanding Securities the consent of whose Holders is required for any such amendmentother series. It shall not be necessary for any Act of Holders under this Section 4.02 to approve the particular form of any proposed amendment, but it shall be sufficient if such Act shall approve the substance thereof.

Amendment with Consent of Holders. With the consent of the Holders of not less than 66 2/3% a majority of the Outstanding SecuritiesPurchase Contracts at the time outstanding, by Act of said Holders delivered to the Company, the Purchase Contract Agent and or the Collateral Agent, as the case may be, the Company, the Purchase Contract Agent, the Collateral Agent, the Company, when authorized by a Board Resolution, the Purchase Contract Custodial Agent and the Collateral Agent Securities Intermediary may amend this Agreement for the purpose of modifying in any manner the provisions of this Agreement or the rights of the Holders in respect of the Securities; provided, however, that no such supplemental agreement shall, without the consent of the Holder of each Outstanding Security adversely affected thereby, (1) change the amount or type of Treasury Notes Collateral underlying a SecuritySecurity (subject to the rights of Holders to make Collateral Substitutions as contemplated by Sections 4.1 and 4.2), impair the right of the Holder of any Security to receive interest payments distributions on the underlying Treasury Notes Collateral or otherwise adversely affect the Holder's rights in or to such Treasury NotesCollateral; or (2) otherwise effect any action that would require the consent of the Holder of each Outstanding Security affected thereby pursuant to the Purchase Contract Agreement if such action were effected by an agreement supplemental thereto; or (3) reduce the percentage of Outstanding Securities Purchase Contracts the consent of whose Holders is required for any such amendment. It shall not be necessary for any Act of Holders under this Section to approve the particular form of any proposed amendment, but it shall be sufficient if such Act shall approve the substance thereof.

Amendment with Consent of Holders. With the consent of the Holders of not less than 66 2/3% a majority of the Outstanding SecuritiesPurchase Contracts at the time outstanding, by Act of said Holders delivered to the Company, the Purchase Contract Agent and or the Collateral Agent, as the case may be, the Company, when authorized by a Board Resolutionduly authorized, the Purchase Contract Agent and the Collateral Agent may amend this Agreement for the purpose of modifying in any manner the provisions of this Agreement or the rights of the Holders in respect of the Securities; provided, however, that no such supplemental agreement shall, without the consent of the Holder of each Outstanding Security adversely affected thereby, (1) change the amount or type of Treasury Notes Collateral underlying a SecuritySecurity (except for the rights of holders of Income PRIDES to substitute the Treasury Securities for the Trust Preferred Securities or the rights of Holders of Growth PRIDES to substitute Trust Preferred Securities for the Treasury Securities), impair the right of the Holder of any Security to receive interest payments distributions on the underlying Treasury Notes Collateral or otherwise adversely affect the Holder's rights in or to such Treasury NotesCollateral; or (2) otherwise effect any action that would require the consent of the Holder of each Outstanding Security affected thereby pursuant to the Purchase Contract Agreement if such action were effected by an agreement supplemental thereto; or (3) reduce the percentage of Outstanding Securities Purchase Contracts the consent of whose Holders is required for any such amendment. It shall not be necessary for any Act of Holders under this Section to approve the particular form of any proposed amendment, but it shall be sufficient if such Act shall approve the substance thereof.

Amendment with Consent of Holders. With the consent of the Holders of not less than 66 2/3662/3% of the Outstanding SecuritiesPurchase Contracts at the time outstanding, by Act of said Holders delivered to the Company, the Purchase Contract Agent and or the Collateral Agent, as the case may be, the Company, when authorized by a Board Resolution, the Purchase Contract Agent and the Collateral Agent may amend this Agreement for the purpose of modifying in any manner the provisions of this Agreement or the rights of the Holders in respect of the Securities; provided, however, that no such supplemental agreement shall, without the consent of the Holder of each Outstanding Security affected thereby, , (1) change the amount or type of Treasury Notes Collateral underlying a SecuritySecurity (except for the rights of holders of Income PRIDES to substitute Treasury Securities for the Pledged Preferred Securities or the rights of Holders of Growth PRIDES to substitute Preferred Securities for Pledged Treasury Securities), impair the right of the Holder of any Security to receive interest payments distributions on the underlying Treasury Notes Collateral or otherwise adversely affect the Holder's rights in or to such Treasury NotesCollateral; or or (2) otherwise effect any action that would require the consent of the Holder of each Outstanding Security affected thereby pursuant to the Purchase Contract Agreement if such action were effected by an agreement supplemental thereto; or (3) reduce the percentage of Outstanding Securities the consent of whose Holders is required for any such amendment. It shall not be necessary for any Act of Holders under this Section to approve the particular form of any proposed amendment, but it shall be sufficient if such Act shall approve the substance thereof.or 26

Amendment with Consent of Holders. With the consent of the Holders of --------------------------------- not less than 66 2/3______% of the Outstanding Securities, by Act of said Holders delivered to the Company, the Purchase Contract Agent and the Collateral Agent, the Company, Company when authorized by a Board Resolution, the Purchase Contract Agent and the Collateral Agent may amend this Agreement for the purpose of modifying in any manner the provisions of this Agreement or the rights of the Holders in respect of the Securities; provided, however, that no such supplemental agreement shall, without the consent of the Holder of each Outstanding Security affected thereby, (1i) change the amount or type of Treasury Notes underlying a Security, impair the right of the Holder of any Security to receive interest payments on the underlying Treasury Notes or otherwise adversely affect the Holder's rights in or to such Treasury Notes; or (2ii) change any Payment Date; (iii) impair the right to institute suit for the enforcement of any Purchase Contract. (iv) otherwise effect any action that would require the consent of the Holder of each Outstanding Security affected thereby pursuant to the Purchase Contract Agreement if such action were effected by an agreement supplemental thereto; or (3v) reduce the percentage of Outstanding Securities the consent of whose Holders is required for any such amendment. It shall not be necessary for any Act of Holders under this Section to approve the particular form of any proposed amendment, but it shall be sufficient if such Act shall approve the substance thereof.

Amendment with Consent of Holders. With the consent of the Holders of not less than 66 2/3% a majority of the Outstanding SecuritiesUnits, by Act of said Holders delivered to the Company, the Purchase Contract Agent and the Collateral Agent, the Company, when authorized by a Board Resolution, the Purchase Contract Agent and the Collateral Agent may amend this Agreement for the purpose of modifying in any manner the provisions of this Agreement or the rights of the Holders in respect of the Securities; provided, however, that no such supplemental agreement shall, without the consent of the Holder of each Outstanding Security Unit affected thereby, (1i) change the amount or type of Treasury Notes Underlying Securities underlying a Security, impair the right of the Holder of any Security to receive interest payments on the underlying Treasury Notes Underlying Securities or otherwise adversely affect the Holder's rights in or to such Treasury NotesUnderlying Securities; or (2ii) otherwise effect any action that would require the consent of the Holder of each Outstanding Security Unit affected thereby pursuant to the Purchase Contract Agreement if such action were effected by an agreement supplemental thereto; or (3iii) reduce the percentage of Outstanding Securities Units the consent of whose Holders is required for any such amendment. It shall not be necessary for any Act of Holders under this Section to approve the particular form of any proposed amendment, but it shall be sufficient if such Act shall approve the substance thereof.

Amendment with Consent of Holders. With the consent of the Holders of not less than 66 2/3% of the Outstanding Securities, by Act of said Holders delivered to the Company, the Purchase Contract Agent and the Collateral Agent, the Company, Company when authorized by a Board Resolution, the Purchase Contract Agent and the Collateral Agent may amend this Agreement for the purpose of modifying in any manner the provisions of this Agreement or the rights of the Holders in respect of the Securities; provided, however, that no such supplemental sup plemental agreement shall, without the consent of the Holder of each Outstanding Security affected thereby, (1i) change the amount or type of Treasury Notes underlying a Security, impair the right of the Holder of any Security to receive interest payments on the underlying Treasury Notes or otherwise adversely affect the Holder's rights in or to such Treasury Notes; or (2ii) change any Payment Date; (iii) impair the right to institute suit for the enforcement of any Purchase Contract. (iv) otherwise effect any action that would require the consent of the Holder of each Outstanding Security affected thereby pursuant to the Purchase Contract Agreement if such action were effected by an agreement supplemental thereto; or (3v) reduce the percentage of Outstanding Securities the consent of whose Holders is required for any such amendment. It shall not be necessary for any Act of Holders under this Section to approve the particular form of any proposed amendment, but it shall be sufficient if such Act shall approve the substance thereof.

Amendment with Consent of Holders. With the consent of the Holders of not less than 66 2/3% a majority of the Outstanding SecuritiesUnits, by Act of said Holders delivered to the Company, the Purchase Contract Agent and the Collateral Agent, the Company, when authorized by a Board Resolution, the Purchase Contract Agent and the Collateral Agent may amend this Agreement for the purpose of modifying in any manner the provisions of this Agreement or the rights of the Holders in respect of the Securities; providedPROVIDED, howeverHOWEVER, that no such supplemental agreement shall, without the consent of the Holder of each Outstanding Security Unit affected thereby, (1) change the amount or type of Treasury Notes Underlying Securities underlying a Security, impair the right of the Holder of any Security to receive interest payments on the underlying Treasury Notes Underlying Securities or otherwise adversely affect the Holder's rights in or to such Treasury NotesUnderlying Securities; or (2) otherwise effect any action that would require the consent of the Holder of each Outstanding Security Unit affected thereby pursuant to the Purchase Contract Agreement if such action were effected by an agreement supplemental thereto; or (3) reduce the percentage of Outstanding Securities Units the consent of whose Holders is required for any such amendment. It shall not be necessary for any Act of Holders under this Section to approve the particular form of any proposed amendment, but it shall be sufficient if such Act shall approve the substance thereof.

Amendment with Consent of Holders. With the consent of the --------------------------------- Holders of not less than 66 2/3% a majority of the Outstanding Securities, by Act of said Holders delivered to the Company, the Purchase Contract Agent and the Collateral Agent, the Company, when authorized by a Board Resolution, the Purchase Contract Agent and the Collateral Agent may amend this Agreement for the purpose of modifying in any manner the provisions of this Agreement or the rights of the Holders in respect of the Securities; provided, however, that no such supplemental agreement shall, -------- ------- without the consent of the Holder of each Outstanding Security affected thereby, (1) change the amount or type of Treasury Notes Underlying Securities underlying a Security, impair the right of the Holder of any Security to receive interest payments on the underlying Treasury Notes Underlying Securities or otherwise adversely affect the Holder's rights in or to such Treasury NotesUnderlying Securities; or (2) otherwise effect any action that would require the consent of the Holder of each Outstanding Security affected thereby pursuant to the Purchase Contract Agreement if such action were effected by an agreement supplemental thereto; or (3) reduce the percentage of Outstanding Securities the consent of whose Holders is required for any such amendment. It shall not be necessary for any Act of Holders under this Section to approve the particular form of any proposed amendment, but it shall be sufficient if such Act shall approve the substance thereof.

Amendment with Consent of Holders. With the consent of the Holders of not less than 66 2/3% a majority of the Outstanding SecuritiesPurchase Contracts at the time outstanding, by Act of said such Holders delivered to the CompanyPledgor, the Purchase Contract Agent and the Collateral Agent, as the Companycase may be, the Pledgor, when duly authorized by a Board Resolution, the Purchase Contract Agent and the Collateral Agent may amend this Agreement for the purpose of modifying in any manner the provisions of this Agreement or the rights of the Holders in respect of the SecuritiesAgreement; provided, however, that no such supplemental agreement amendment shall, without the unanimous consent of the Holder Holders of each Outstanding Security affected thereby, Purchase Contract: (1) change the amount or type of Treasury Notes underlying a SecurityCollateral required to be pledged to secure the Pledgor’s performance under the Purchase Contracts (except as set forth in Article 4 of the Purchase Contract Agreement), unless such change is not adverse to the Holders, impair the right of the Holder of any Security Purchase Contract to receive interest payments on distributions of the underlying Treasury Notes Collateral or otherwise adversely affect the Holder's ’s rights in or to such Treasury NotesCollateral; or or (2) otherwise effect any action that would require the consent of the Holder of each Outstanding Security Purchase Contract affected thereby pursuant to the Purchase Contract Agreement if such action were effected by an agreement supplemental theretoa modification or amendment of the provisions of the Purchase Contract Agreement; or or (3) reduce the percentage of Outstanding Securities Purchase Contracts the consent of whose Holders is required for any such amendment. the modification or amendment of the provisions of this Agreement; It shall not be necessary for any Act of Holders under this Section to approve the particular form of any proposed amendment, but it shall be sufficient if such Act shall approve the substance thereof.

Amendment with Consent of Holders. With the consent of the Holders of not less than 66 2/3% a majority in aggregate principal amount of the Outstanding Securities, by Act of said Holders delivered to Securities at the Companytime outstanding, the Purchase Contract Agent and Pledgor, the Trustee, the Collateral Agent, the Company, when authorized by a Board Resolution, the Purchase Contract Agent Depositary and the Collateral Agent Securities Intermediary may amend this Collateral Agreement for the purpose of modifying in any manner the provisions of this Agreement or the rights of the Holders in respect of the SecuritiesCollateral Agreement; provided, however, that no such supplemental agreement amendment shall, without the unanimous consent of the Holder Holders of each Outstanding Security affected thereby,outstanding Security: (1i) change the amount or type of Treasury Notes underlying a SecurityCollateral required to be pledged to secure the Pledgor’s performance under the Securities, impair unless such change is not adverse to the right of the Holder of any Security to receive interest payments on the underlying Treasury Notes or otherwise adversely affect the Holder's rights in or to such Treasury NotesHolders; or (2ii) otherwise effect any action that would require the consent of the Holder of each Outstanding outstanding Security affected thereby pursuant to the Purchase Contract Agreement Indenture if such action were effected by an agreement supplemental theretoa modification or amendment of the provisions of the Indenture; or (3iii) reduce the percentage aggregate principal amount of Outstanding Securities the consent of whose Holders is required for any such amendment. the modification or amendment of the provisions of this Collateral Agreement; It shall not be necessary for any Act of the Holders under this Section to approve the particular form of any proposed amendment, but it shall be sufficient if such Act the Holders shall approve the substance thereof.

Amendment with Consent of Holders. With the consent of the Holders of not less than 66 2/3% of the Outstanding Securities, by Act of said Holders delivered to the Company, the Purchase Contract Agent and the Collateral Agent, the Company, Company when authorized by a Board Resolution, the Purchase Contract Agent and the Collateral Agent may amend this Agreement for the purpose of modifying in any manner the provisions of this Agreement or the rights of the Holders in respect of the Securities; provided, however, that no such supplemental agreement shall, without the consent of the Holder of each Outstanding Security affected thereby, (1i) change the amount or type of Treasury Notes underlying a Security, impair the right of the Holder of any Security to receive interest payments on the underlying Treasury Notes or otherwise adversely affect the Holder's rights in or to such Treasury Notes; or (2ii) change any Payment Date; (iii) impair the right to institute suit for the enforcement of any Purchase contract. (iv) otherwise effect any action that would require the consent of the Holder of each Outstanding Security affected thereby pursuant to the Purchase Contract Agreement if such action were effected by an agreement supplemental thereto; or (3v) reduce the percentage of Outstanding Securities the consent of whose Holders is required for any such amendment. It shall not be necessary for any Act of Holders under this Section to approve the particular form of any proposed amendment, but it shall be sufficient if such Act shall approve the substance thereof.

Amendment with Consent of Holders. With the consent of the Holders of not less than 66 2/3% a majority of the Outstanding SecuritiesPurchase Contracts at the time outstanding, by Act of said such Holders delivered to the CompanyPledgor, the Purchase Contract Agent and the Collateral Agent, as the Companycase may be, the Pledgor, when duly authorized by a Board Resolution, the Purchase Contract Agent and the Collateral Agent may amend this Agreement for the purpose of modifying in any manner the provisions of this Agreement or the rights of the Holders in respect of the SecuritiesAgreement; provided, however, that no such supplemental agreement amendment shall, without the unanimous consent of the Holder Holders of each Outstanding Security affected thereby,Purchase Contract: (1) change the amount or type of Treasury Notes underlying a SecurityCollateral required to be pledged to secure the Pledgor’s performance under the Purchase Contracts (except as set forth in Article 4 of the Purchase Contract Agreement), unless such change is not adverse to the Holders, impair the right of the Holder of any Security Purchase Contract to receive interest payments on distributions of the underlying Treasury Notes Collateral or otherwise adversely affect the Holder's ’s rights in or to such Treasury NotesCollateral; or (2) otherwise effect any action that would require the consent of the Holder of each Outstanding Security Purchase Contract affected thereby pursuant to the Purchase Contract Agreement if such action were effected by an agreement supplemental theretoa modification or amendment of the provisions of the Purchase Contract Agreement; or (3) reduce the percentage of Outstanding Securities Purchase Contracts the consent of whose Holders is required for any such amendment. the modification or amendment of the provisions of this Agreement; It shall not be necessary for any Act of Holders under this Section to approve the particular form of any proposed amendment, but it shall be sufficient if such Act shall approve the substance thereof.

Amendment with Consent of Holders. With the consent of the Holders of not less than 66 66-2/3% of the Outstanding Securities, by Act of said Holders delivered to the Company, the Purchase Contract Agent and the Collateral Agent, the Company, when authorized by a Board Resolution, the Purchase Contract Agent and the Collateral Agent may amend this Agreement for the purpose of modifying in any manner the provisions of this Agreement or the rights of the Holders in respect of the Securities; provided, however, that no such supplemental agreement shall, without the consent of the Holder of each Outstanding Security affected thereby, (1a) change the amount or type of Treasury Notes Collateral Securities underlying a Security, impair Security the right of the Holder of any Security to receive interest payments distributions on the underlying Treasury Notes Unix Collateral Securities or otherwise adversely affect the Holder's rights in or to such Treasury NotesCollateral Securities; or (2b) otherwise effect any action that would require the consent of the Holder of each Outstanding Security affected thereby pursuant to the Purchase Contract Agreement if such action were effected by an agreement supplemental thereto; or (3c) reduce the percentage of Outstanding Securities the consent of whose Holders is required for any such amendment. It shall not be necessary for any Act of Holders under this Section to approve the particular form of any proposed amendment, but it shall be sufficient if such Act shall approve the substance thereof.

Amendment with Consent of Holders. With the consent of the --------------------------------- Holders of not less than 66 2/3% of the Outstanding Securities, by Act of said Holders delivered to the Company, the Purchase Contract Agent and the Collateral Agent, the Company, when authorized by a Board Resolution, the Purchase Contract Agent and the Collateral Agent may amend this Agreement for the purpose of modifying in any manner the provisions of this Agreement or the rights of the Holders in respect of the Securities; provided, however, that no such supplemental agreement shall, -------- ------- without the consent of the Holder of each Outstanding Security affected thereby, (1) change the amount or type of Treasury Notes underlying a Security, impair the right of the Holder of any Security to receive interest payments on the underlying Treasury Notes or otherwise adversely affect the Holder's rights in or to such Treasury Notes; or (2) otherwise effect any action that would require the consent of the Holder of each Outstanding Security affected thereby pursuant to the Purchase Contract Agreement if such action were effected by an agreement supplemental thereto; or (3) reduce the percentage of Outstanding Securities the consent of whose Holders is required for any such amendment. It shall not be necessary for any Act of Holders under this Section to approve the particular form of any proposed amendment, but it shall be sufficient if such Act shall approve the substance thereof.

Amendment with Consent of Holders. With the consent of the Holders of not less than 66 2/3% of the Outstanding Securities, by Act of said Holders delivered to the Company, the Purchase Contract Agent and the Collateral Agent, the Company, when authorized by a Board Resolution, the Purchase Contract Agent and the Collateral Agent may amend this Agreement for the purpose of modifying in any manner the provisions of this Agreement or the rights of the Holders in respect of the Securities; provided, however, that no such supplemental agreement shall, without the consent of the Holder of each Outstanding Security affected thereby, (1) change the amount or type of Treasury Notes Collateral underlying a Security, impair the right of the Holder of any Security to receive interest payments distributions on the underlying Treasury Notes Collateral or otherwise adversely affect the Holder's rights in or to such Treasury NotesCollateral; or (2) otherwise effect any action that would require the consent of the Holder of each Outstanding Security affected thereby pursuant to the Purchase Contract Agreement if such action were effected by an agreement supplemental thereto; or (3) reduce the percentage of Outstanding Securities the consent of whose Holders is required for any such amendment; or (4) materially and adversely alter the rights of the holders of Preferred Securities. It shall not be necessary for any Act of Holders under this Section to approve the particular form of any proposed amendment, but it shall be sufficient if such Act shall approve the substance thereof.

Amendment with Consent of Holders. With the consent of the Holders of not less than 66 2/3% of the Outstanding Securities, by Act of said Holders delivered to the Company, the Purchase Contract Agent and the Collateral Agent, the Company, when authorized by a Board Resolution, the Purchase Contract Agent and the Collateral Agent may amend this Agreement for the purpose of modifying in any manner the provisions of this Agreement or the rights of the Holders in respect of the Securities; provided, however, that no such supplemental agreement shall, without the consent of the Holder of each Outstanding Security affected thereby, (1) . change the amount or type of Treasury Notes Collateral Securities underlying a Security, impair the right of the Holder of any Security to receive interest payments distributions on the underlying Treasury Notes Collateral Securities or otherwise adversely affect the Holder's rights in or to such Treasury NotesCollateral Securities; or (2) . otherwise effect any action that would require the consent of the Holder of each Outstanding Security affected thereby pursuant to the Purchase Contract Agreement if such action were effected by an agreement supplemental thereto; or (3) . reduce the percentage of Outstanding Securities the consent of whose Holders is required for any such amendment. It shall not be necessary for any Act of Holders under this Section to approve the particular form of any proposed amendment, but it shall be sufficient if such Act shall approve the substance thereof.

Amendment with Consent of Holders. With the consent of the Holders of not less than 66 2/3% a majority in aggregate principal amount of the Outstanding Securities, by Act of said Holders delivered to Securities at the Companytime outstanding, the Purchase Contract Pledgor, the Trustee, the Collateral Agent and the Collateral Agent, the Company, when authorized by a Board Resolution, the Purchase Contract Agent and the Collateral Agent Securities Intermediary may amend this Collateral Agreement for the purpose of modifying in any manner the provisions of this Agreement or the rights of the Holders in respect of the SecuritiesCollateral Agreement; provided, however, that no such supplemental agreement amendment shall, without the unanimous consent of the Holder Holders of each Outstanding Security affected thereby,outstanding Security: (1i) change the amount or type of Treasury Notes underlying a SecurityPledged Collateral required to be pledged or cash required to be transferred to the Cash Collateral Account subject to Section 1(a) to secure the Pledgor’s performance under the Securities, impair unless such change is not adverse to the right of the Holder of any Security to receive interest payments on the underlying Treasury Notes or otherwise adversely affect the Holder's rights in or to such Treasury NotesHolders; or (2ii) otherwise effect any action that would require the consent of the Holder of each Outstanding outstanding Security affected thereby pursuant to the Purchase Contract Agreement Indenture if such action were effected by an agreement supplemental theretoa modification or amendment of the provisions of the Indenture; or (3iii) reduce the percentage aggregate principal amount of Outstanding Securities the consent of whose Holders is required for the modification or amendment of the provisions of this Collateral Agreement; further provided that any amendment to Sections 4(d) or 4(e) shall require the prior written agreement of the Series A Trustee and the Series A Trustee shall be party to such amendment. It shall not be necessary for any Act of the Holders under this Section to approve the particular form of any proposed amendment, but it shall be sufficient if such Act the Holders shall approve the substance thereof.

Amendment with Consent of Holders. With the consent of the Holders of not less than 66 2/3% a majority in aggregate principal amount of the Outstanding Securities, by Act of said Holders delivered to Securities at the Companytime outstanding, the Purchase Contract Agent and Pledgor, the Trustee, the Collateral Agent, the Company, when authorized by a Board Resolution, the Purchase Contract Agent Depositary and the Collateral Agent Securities Intermediary may amend this Collateral Agreement for the purpose of modifying in any manner the provisions of this Agreement or the rights of the Holders in respect of the SecuritiesCollateral Agreement; provided, however, that no such supplemental agreement amendment shall, without the unanimous consent of the Holder Holders of each Outstanding Security affected thereby,outstanding Security: (1i) change the amount or type of Treasury Notes underlying a SecurityPledged Collateral required to be pledged or cash required to be transferred to the Cash Collateral Account subject to Section 1(a) to secure the Pledgor’s performance under the Securities, impair unless such change is not adverse to the right of the Holder of any Security to receive interest payments on the underlying Treasury Notes or otherwise adversely affect the Holder's rights in or to such Treasury NotesHolders; or (2ii) otherwise effect any action that would require the consent of the Holder of each Outstanding outstanding Security affected thereby pursuant to the Purchase Contract Agreement Indenture if such action were effected by an agreement supplemental theretoa modification or amendment of the provisions of the Indenture; or (3iii) reduce the percentage aggregate principal amount of Outstanding Securities the consent of whose Holders is required for any such amendment. the modification or amendment of the provisions of this Collateral Agreement; It shall not be necessary for any Act of the Holders under this Section to approve the particular form of any proposed amendment, but it shall be sufficient if such Act the Holders shall approve the substance thereof.

Amendment with Consent of Holders. With the consent of the Holders of not less than 66 2/3% a majority of the Outstanding SecuritiesPurchase Contracts at the time outstanding, by Act of said Holders delivered to the Company, the Purchase Contract Agent and or the Collateral Agent, as the case may be, the Company, when duly authorized, the Purchase Contract Agent, the Collateral Agent, the Company, when authorized by a Board Resolution, the Purchase Contract Custodial Agent and the Collateral Agent Securities Intermediary may amend this Agreement for the purpose of modifying in any manner the provisions of this Agreement or the rights of the Holders in respect of the Securities; provided, however, that no such supplemental Supplemental agreement shall, without the consent of the Holder of each Outstanding Security adversely affected thereby, (1) change the amount or type of Treasury Notes Collateral underlying a SecuritySecurity (except for the rights of holders of Normal Units to substitute the Treasury Securities for the Pledged Capital Securities or the Pledged Treasury Consideration, as the case may be, or the rights of Holders of Stripped Units to substitute Capital Securities or the appropriate Treasury Consideration, as applicable, for the Pledged Treasury Securities), impair the right of the Holder of any Security to receive interest payments distributions on the underlying Treasury Notes Collateral or otherwise adversely affect the Holder's rights in or to such Treasury NotesCollateral; or (2) otherwise effect any action that would require the consent of the Holder of each Outstanding Security affected thereby pursuant to the Purchase Contract Agreement if such action were effected by an agreement supplemental Supplemental thereto; or (3) reduce the percentage of Outstanding Securities Purchase Contracts the consent of whose Holders is required for any such amendment. It shall not be necessary for any Act of Holders under this Section to approve the particular form of any proposed amendment, but it shall be sufficient if such Act shall approve the substance thereof.

Amendment with Consent of Holders. With the consent of the Holders of not less than 66 2/3% a majority of the Outstanding SecuritiesPurchase Contracts at the time outstanding, by Act of said Holders delivered to the Company, the Purchase Contract Agent and or the Collateral Agent, as the case may be, the Company, the Purchase Contract Agent, the Collateral Agent, the Company, when authorized by a Board Resolution, the Purchase Contract Custodial Agent and the Collateral Agent Securities Intermediary may amend this Agreement for the purpose of modifying in any manner the provisions of this Agreement or the rights of the Holders in respect of the Securities; provided, however, that no such supplemental agreement shall, without the consent of the Holder of each Outstanding Security adversely affected thereby, (1) change the amount or type of Treasury Notes underlying a Security, impair the right of the Holder of any Security to receive interest payments distributions on the underlying Treasury Notes Collateral or otherwise adversely affect the Holder's rights in or to such Treasury NotesCollateral; or (2) or otherwise effect any action that would require the consent of the Holder of each Outstanding Security affected thereby pursuant to the Purchase Contract Agreement if such action were effected by an agreement supplemental thereto; or (3) or reduce the percentage of Outstanding Securities Purchase Contracts the consent of whose Holders is required for any such amendment. It shall not be necessary for any Act of Holders under this Section Article IX to approve the particular form of any proposed amendment, but it shall be sufficient if such Act shall approve the substance thereof.

Amendment with Consent of Holders. With the consent of the Holders of not less than 66 2/3% a majority of the Outstanding Securities, by Act of said Holders delivered to the Company, the Purchase Contract Agent and the Collateral Agent, the Company, when authorized by a Board Resolution, the Purchase Contract Agent and the Collateral Agent may amend this Agreement for the purpose of modifying in any manner the provisions of this Agreement or the rights of the Holders in respect of the Securities; providedPROVIDED, howeverHOWEVER, that no such supplemental agreement shall, without the consent of the Holder of each Outstanding Security affected thereby, (1) change the amount or type of Treasury Notes Underlying Securities underlying a Security, impair the right of the Holder of any Security to receive interest payments on the underlying Treasury Notes Underlying Securities or otherwise adversely affect the Holder's rights in or to such Treasury NotesUnderlying Securities; or (2) otherwise effect any action that would require the consent of the Holder of each Outstanding Security affected thereby pursuant to the Purchase Contract Agreement if such action were effected by an agreement supplemental thereto; or (3) reduce the percentage of Outstanding Securities the consent of whose Holders is required for any such amendment. It shall not be necessary for any Act of Holders under this Section to approve the particular form of any proposed amendment, but it shall be sufficient if such Act shall approve the substance thereof.

Amendment with Consent of Holders. With the consent of the Holders of not less than 66 2/3% a majority of the Outstanding Securities, by Act of said Holders delivered to the Company, the Purchase Contract Agent and the Collateral Agent, the Company, when authorized by a Board Resolution, the Purchase Contract Agent and the Collateral Agent may amend this Agreement for the purpose of modifying in any manner the provisions of this Agreement or the rights of the Holders in respect of the Securities; provided, however, that no such supplemental agreement shall, without the consent of the Holder of each Outstanding Security affected thereby, (1) change the amount or type of Treasury Notes Underlying Securities underlying a Security, impair the right of the Holder of any Security to receive interest payments on the underlying Treasury Notes Underlying Securities or otherwise adversely affect the Holder's rights in or to such Treasury NotesUnderlying Securities; or (2) otherwise effect any action that would require the consent of the Holder of each Outstanding Security affected thereby pursuant to the Purchase Contract Agreement if such action were effected by an agreement supplemental thereto; or (3) reduce the percentage of Outstanding Securities the consent of whose Holders is required for any such amendment. It shall not be necessary for any Act of Holders under this Section to approve the particular form of any proposed amendment, but it shall be sufficient if such Act shall approve the substance thereof.

Amendment with Consent of Holders. With the consent of not less than a majority of the Outstanding Units voting together as one class, by act of the Holders of not less than 66 2/3% of the Outstanding Securities, by Act of said Holders such Units delivered to the Company, the Purchase Contract SQUARZ Agent and or the Collateral Agent, as the case may be, the Company, when duly authorized by a Board Resolution, the Purchase Contract SQUARZ Agent, the Collateral Agent, the Custodial Agent and the Collateral Agent Securities Intermediary may amend this Agreement for the purpose of modifying in any manner the provisions of this Agreement or the rights of the Holders in respect of the SecuritiesUnits; provided, however, that no such supplemental agreement shall, without the consent of the each Holder of each Outstanding Security adversely affected thereby,: (1a) change the amount or type of Treasury Notes Collateral underlying a SecurityUnit (except for the rights of holders of SQUARZ to substitute the Substitute Pledged Treasuries for the Pledged Notes, or the rights of Holders of Stripped SQUARZ to substitute Notes for the Substitute Pledged Treasuries), impair the right of the Holder of any Security to receive interest payments distributions on the underlying Treasury Notes Collateral or otherwise adversely affect the Holder's rights in or to such Treasury NotesCollateral; or (2b) otherwise effect any action that would require the consent of the Holder of each Outstanding Security affected thereby pursuant to the Purchase Contract SQUARZ Agreement if such action were effected by an agreement supplemental thereto; or (3c) reduce the percentage of Outstanding Securities Units the consent of whose Holders is required for any such amendment. It shall not be necessary for any Act act of Holders under this Section to approve the particular form of any proposed amendment, but it shall be sufficient if such Act shall approve the substance thereof.

Amendment with Consent of Holders. With the consent of the Holders of not less than 66 2/3% a majority of the Outstanding SecuritiesPurchase Contracts at the time outstanding, by Act of said Holders delivered to the Company, the Purchase Contract Agent and or the Collateral Agent, as the case may be, the Company, the Purchase Contract Agent, the Collateral Agent, the Company, when authorized by a Board Resolution, the Purchase Contract Custodial Agent and the Collateral Agent Securities Intermediary may amend this Agreement for the purpose of modifying in any manner the provisions of this Agreement or the rights of the Holders in respect of the Securities; provided, however, that no such supplemental agreement shall, without the consent of the Holder of each Outstanding Security adversely affected thereby, (1a) change the amount or type of Treasury Notes underlying a Security, impair the right of the Holder of any Security to receive interest payments distributions on the underlying Treasury Notes Collateral or otherwise adversely affect the Holder's rights in or to such Treasury NotesCollateral; or (2b) otherwise effect any action that would require the consent of the Holder of each Outstanding Security affected thereby pursuant to the Purchase Contract Agreement if such action were effected by an agreement supplemental thereto; or (3c) reduce the percentage of Outstanding Securities Purchase Contracts the consent of whose Holders is required for any such amendment. It shall not be necessary for any Act of Holders under this Section Article IX to approve the particular form of any proposed amendment, but it shall be sufficient if such Act shall approve the substance thereof.