Common use of AMENDMENT WITH CONSENT OF NOTEHOLDERS Clause in Contracts

AMENDMENT WITH CONSENT OF NOTEHOLDERS. Exclusive of amendments and supplemental note agreements covered by Section 9.02 and subject to the terms and provisions contained in this Section 9.03, the Noteholders of Outstanding Notes evidencing more than fifty percent (50%) of the principal due on the Outstanding Notes shall have the right, from time to time, to consent to and approve the execution by the Debtor and the Trustee of such other Note Agreement supplemental hereto as shall be deemed necessary and desirable by the Trustee for the purpose of modifying, altering, amending, adding to or rescinding, in any particular, any of the terms or provisions contained in this Note Agreement or in any supplemental note agreement; provided, however, if such modified, altered, amended, added or rescinded provision applies only to a particular series of Notes, or the rights of the Noteholders of only a particular series would be modified, the consent of the Noteholders of Outstanding Notes evidencing more than fifty percent (50%) of the principal due on the Outstanding Notes of only such series shall be required, and, provided further, that nothing in this Article IX shall permit, or be construed as permitting: (a) without the consent of all Noteholders affected thereby, (i) an extension of the maturity date of the principal of or a change in the interest rate on any Note other than in accordance with the terms of this Note Agreement; (ii) a reduction in the principal amount due on any Note or alteration of the manner or rate of accrual of interest thereon; (iii) a privilege or priority of any Note over any other Note; (iv) a reduction in the aggregate principal amount of the Notes required for consent to a supplemental note agreement or modification, alteration, amendment, addition to or rescission of this Note Agreement; or (v) the creation of any lien on the Collateral securing the Notes except as otherwise provided herein; or (vi) any modification of the trusts, powers, rights, obligations, duties, remedies, immunities and privileges of the Trustee without the prior written approval of the Trustee. It shall not be necessary for the consent of the Noteholders under this Article IX to approve the particular form of any proposed amendment or supplemental note agreement, but it shall be sufficient if such consent approves the substance thereof.

AMENDMENT WITH CONSENT OF NOTEHOLDERS. Exclusive of amendments and supplemental note agreements Note Agreements covered by Section 9.02 10.02 and subject to the terms and provisions contained in this Section 9.0310.03, the Noteholders of Outstanding Notes evidencing more than fifty percent (50%) % of the principal due on the Outstanding Notes shall have the right, from time to time, to consent to and approve the execution by the Debtor and the Trustee of such other Note Agreement indenture or indentures supplemental hereto as shall be deemed necessary and desirable by the Trustee for the purpose of modifying, altering, amending, adding to or rescinding, in any particular, any of the terms or provisions contained in this Note Agreement or in any supplemental note agreementNote Agreement; provided, however, if such modified, altered, amended, added or rescinded provision applies only to a particular series of Notes, or the rights of the Noteholders of only a particular series would be modified, the consent of the Noteholders of Outstanding Notes evidencing more than fifty percent (50%) % of the principal due on the Outstanding Notes of only such series shall be required, and, provided further, that nothing in this Article IX X shall permit, or be construed as permitting: (a) without the consent of such all Noteholders affected thereby, (i) an extension of the maturity date of the principal of or a change in the interest rate on any Note other than in accordance with the terms of this Note AgreementNote; (ii) a reduction in the principal amount due on any Note or alteration of the manner or rate of accrual of interest thereon; (iii) a privilege or priority of any Note over any other Note; (iv) a reduction in the aggregate principal amount of the Notes required for consent to a supplemental note agreement Note Agreement or modification, alteration, amendment, addition to or rescission of this Note Agreement; or (v) the creation of any lien on the Collateral securing the Notes other than a lien ratably securing all of the obligations under Note Agreement with respect to the Notes at any time outstanding hereunder except as otherwise provided herein; or (vib) any modification of the trusts, powers, rights, obligations, duties, remedies, immunities and privileges of the Trustee without the prior written approval of the Trustee. It shall not be necessary for the consent of the Noteholders under this Article IX X to approve the particular form of any proposed amendment or supplemental note agreementNote Agreement, but it shall be sufficient if such consent approves the substance thereof.