Common use of Amendment Without Consent of Holders Clause in Contracts

Amendment Without Consent of Holders. Without the consent of any Holders, the Company, when duly authorized by a Board Resolution, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Stock Purchase Contract Agent, at any time and from time to time, may amend this Agreement, in form satisfactory to the Company, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Stock Purchase Contract Agent, to: (a) evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company; (b) evidence and provide for the acceptance of appointment hereunder by a successor Collateral Agent, Custodial Agent, Securities Intermediary or Stock Purchase Contract Agent; (c) add to the covenants of the Company for the benefit of the Holders, or surrender any right or power herein conferred upon the Company, provided that such covenants or such surrender do not adversely affect the validity, perfection or priority of the Pledge created hereunder; (d) cure any ambiguity (or formal defect) or correct or supplement any provisions herein which may be inconsistent with another such provisions herein, provided that such action shall not adversely affect the interests of the Holders in any material respect.; or (e) make any other provisions with respect to such matters or questions arising under this Agreement, provided that such action shall not adversely affect the interests of the Holders in any material respect. Promptly following the entry into of any agreement supplemental hereto pursuant to this Section 10.1, the Company will give written notice to the Holders of such agreement, provided that failure to give such notice shall not impair the validity of such agreement.

Amendment Without Consent of Holders. Without the consent of any Holders, the Company, when duly authorized by a Board Resolution, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Stock Purchase Contract Agent, at any time and from time to time, may amend this Agreement, in form satisfactory to the Company, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Stock Purchase Contract Agent, tofor any of the following purposes: (a) to evidence the succession of another Person to the Company Company, and the assumption by any such successor of the covenants of the Company; (b) to add to the covenants of the Company for the benefit of the Holders or to surrender any right or power herein conferred upon the Company so long as such covenants or such surrender do not adversely affect the validity, perfection or priority of the security interests granted or created hereunder; (c) to evidence and provide for the acceptance of appointment hereunder by a successor Collateral Agent, Custodial Agent, Securities Intermediary or Stock Purchase Contract Agent; (c) add to the covenants of the Company for the benefit of the Holders, or surrender any right or power herein conferred upon the Company, provided that such covenants or such surrender do not adversely affect the validity, perfection or priority of the Pledge created hereunder;; or (d) to cure any ambiguity (or formal defect) or ambiguity, to correct or supplement any provisions herein which may be inconsistent with another such any other provisions herein, provided that such action shall not adversely affect the interests of the Holders in any material respect.; or (e) or to make any other provisions with respect to such matters or questions arising under this Agreement, provided that such action shall not adversely affect the interests of the Holders in any material respect. Promptly following , provided, further, that any amendment made solely to conform the entry into provisions of any agreement supplemental hereto pursuant this Agreement to this Section 10.1the description of the Equity Units, the Company will give written notice Purchase Contracts and the other components of the Equity Units contained in the prospectus supplement, dated June 18, 2024, and the accompanying prospectus dated March 22, 2024, relating to the Holders Equity Units will not be deemed to adversely affect the interests of such agreement, provided that failure to give such notice shall not impair the validity of such agreementHolders.

Amendment Without Consent of Holders. Without the consent of any Holders, the Company, when duly authorized by a Board Resolution, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Stock Purchase Contract Agent, at any time and from time to time, may amend this Agreement, in form satisfactory to the Company, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Stock Purchase Contract Agent, tofor any of the following purposes: (a) to evidence the succession of another Person to the Company Company, and the assumption by any such successor of the covenants of the Company; (b) to add to the covenants of the Company for the benefit of the Holders or to surrender any right or power herein conferred upon the Company so long as such covenants or such surrender do not adversely affect the validity, perfection or priority of the security interests granted or created hereunder; (c) to evidence and provide for the acceptance of appointment hereunder by a successor Collateral Agent, Custodial Agent, Securities Intermediary or Stock Purchase Contract Agent; (c) add to the covenants of the Company for the benefit of the Holders, or surrender any right or power herein conferred upon the Company, provided that such covenants or such surrender do not adversely affect the validity, perfection or priority of the Pledge created hereunder;; or (d) to cure any ambiguity (or formal defect) or ambiguity, to correct or supplement any provisions herein which may be inconsistent with another such any other provisions herein, provided that such action shall not adversely affect the interests of the Holders in any material respect.; or (e) or to make any other provisions with respect to such matters or questions arising under this Agreement, provided that such action shall not adversely affect the interests of the Holders in any material respect. Promptly following , provided, further, that any amendment made solely to conform the entry into provisions of any agreement supplemental hereto pursuant this Agreement to this Section 10.1the description of the Equity Units, the Company will give written notice Purchase Contracts and the other components of the Equity Units contained in the prospectus supplement, dated October 29, 2024, and the accompanying prospectus dated March 22, 2024, relating to the Holders Equity Units will not be deemed to adversely affect the interests of such agreement, provided that failure to give such notice shall not impair the validity of such agreementHolders.

Amendment Without Consent of Holders. Without the consent of any Holders, the Company, when duly authorized by a Board Resolution, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Stock Purchase Contract Agent, at any time and from time to time, may amend this Agreement, in form satisfactory to the Company, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Stock Purchase Contract Agent, tofor any of the following purposes: (a) to evidence the succession of another Person to the Company Company, and the assumption by any such successor of the covenants of the Company; (b) to add to the covenants of the Company for the benefit of the Holders or to surrender any right or power herein conferred upon the Company so long as such covenants or such surrender do not adversely affect the validity, perfection or priority of the security interests granted or created hereunder; (c) to evidence and provide for the acceptance of appointment hereunder by a successor Collateral Agent, Custodial Agent, Securities Intermediary or Stock Purchase Contract Agent; (c) add to the covenants of the Company for the benefit of the Holders, or surrender any right or power herein conferred upon the Company, provided that such covenants or such surrender do not adversely affect the validity, perfection or priority of the Pledge created hereunder;; or (d) to cure any ambiguity (or formal defect) or ambiguity, to correct or supplement any provisions herein which may be inconsistent with another such any other provisions herein, provided that such action shall not adversely affect the interests of the Holders in any material respect.; or (e) or to make any other provisions with respect to such matters or questions arising under this Agreement, provided that such action shall not adversely affect the interests of the Holders in any material respect. Promptly following , provided further that any amendment made solely to conform the entry into provisions of any agreement supplemental hereto pursuant this Agreement to this Section 10.1the description of the Equity Units, the Company will give written notice Purchase Contracts and the other components of the Equity Units contained in the prospectus supplement, dated September 20, 2013, relating to the Holders Equity Units will not be deemed to adversely affect the interests of such agreement, provided that failure to give such notice shall not impair the validity of such agreementHolders.

Amendment Without Consent of Holders. Without the consent of any Holders, the Company, when duly authorized by a Board Resolution, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Stock Purchase Contract Agent, at any time and from time to time, may amend this Agreement, in form satisfactory to the Company, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Stock Purchase Contract Agent, tofor any of the following purposes: (a) to evidence the succession of another Person to the Company Company, and the assumption by any such successor of the covenants of the Company; (b) to add to the covenants of the Company for the benefit of the Holders or to surrender any right or power herein conferred upon the Company so long as such covenants or such surrender do not adversely affect the validity, perfection or priority of the security interests granted or created hereunder; (c) to evidence and provide for the acceptance of appointment hereunder by a successor Collateral Agent, Custodial Agent, Securities Intermediary or Stock Purchase Contract Agent; (c) add to the covenants of the Company for the benefit of the Holders, ; or surrender any right or power herein conferred upon the Company, provided that such covenants or such surrender do not adversely affect the validity, perfection or priority of the Pledge created hereunder;DB1/ 112040219.3 (d) to cure any ambiguity (or formal defect) or ambiguity, to correct or supplement any provisions herein which may be inconsistent with another such any other provisions herein, provided that such action shall not adversely affect the interests of the Holders in any material respect.; or (e) or to make any other provisions with respect to such matters or questions arising under this Agreement, provided that such action shall not adversely affect the interests of the Holders in any material respect. Promptly following , provided, further, that any amendment made solely to conform the entry into provisions of any agreement supplemental hereto pursuant this Agreement to this Section 10.1the description of the Equity Units, the Company will give written notice Purchase Contracts and the other components of the Equity Units contained in the prospectus supplement, dated February 19, 2020, relating to the Holders Equity Units will not be deemed to adversely affect the interests of such agreement, provided that failure to give such notice shall not impair the validity of such agreementHolders.

Amendment Without Consent of Holders. Without the consent of any Holders, the Company, when duly authorized by a Board Resolution, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Stock Purchase Contract Agent, at any time and from time to time, may amend this Agreement, in form satisfactory to the Company, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Stock Purchase Contract Agent, to: (a) evidence the succession of another Person to the Company and the assumption by any such successor obligations of the covenants Company in connection with any succession pursuant to the terms of the CompanyPurchase Contract Agreement; (b) evidence and provide for the acceptance of appointment hereunder by a successor Collateral Agent, Custodial Agent, Securities Intermediary Agent or Stock Purchase Contract Agent; (c) add to the covenants of the Company for the benefit of the Holders, or surrender any right or power herein conferred upon the Company, provided that such covenants or such surrender do not adversely affect the validity, perfection or priority of the Pledge created hereunder; (d) make provision with respect to the rights of Holders of Units pursuant to adjustments in the Settlement Rate pursuant to Section 5.04 of the Purchase Contract Agreement; (e) cure any ambiguity (or of formal defect) or ), correct or supplement any provisions herein which may be inconsistent with another any other such provisions herein, provided that such action shall not adversely affect the interests of the Holders in any material respect.; orand (ef) make any other provisions with respect to such matters or questions arising under this Agreement, which the Company, the Collateral Agent, the Securities Intermediary and the Custodial Agent may deem necessary or advisable, provided that such action shall will not adversely affect the interests of the Holders in any material respect. Promptly following the entry into of any agreement supplemental hereto pursuant to this Section 10.1, the Company will give written notice to the Holders of such agreement, provided that failure to give such notice shall not impair the validity of such agreementHolders.

Amendment Without Consent of Holders. Without the consent of any Holders, the Company, when duly authorized by a Board Resolution, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Stock Purchase Contract Agent, at any time and from time to time, may amend this Agreement, in form satisfactory to the Company, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Stock Purchase Contract Agent, tofor any of the following purposes: (a) to evidence the succession of another Person to the Company Company, and the assumption by any such successor of the covenants of the Company; (b) to add to the covenants of the Company for the benefit of the Holders or to surrender any right or power herein conferred upon the Company so long as such covenants or such surrender do not adversely affect the validity, perfection or priority of the security interests granted or created hereunder; (c) to evidence and provide for the acceptance of appointment hereunder by a successor Collateral Agent, Custodial Agent, Securities Intermediary or Stock Purchase Contract Agent; (c) add to the covenants of the Company for the benefit of the Holders, or surrender any right or power herein conferred upon the Company, provided that such covenants or such surrender do not adversely affect the validity, perfection or priority of the Pledge created hereunder;; or (d) to cure any ambiguity (or formal defect) or ambiguity, to correct or supplement any provisions herein which may be inconsistent with another such any other provisions herein, provided that such action shall not adversely affect the interests of the Holders in any material respect.; or (e) or to make any other provisions with respect to such matters or questions arising under this Agreement, provided that such action shall not adversely affect the interests of the Holders in any material respect. Promptly following , provided further that any amendment made solely to conform the entry into provisions of any agreement supplemental hereto pursuant this Agreement to this Section 10.1the description of the Equity Units, the Company will give written notice Purchase Contracts and the other components of the Equity Units contained in the prospectus supplement, dated September 6, 2012, relating to the Holders Equity Units will not be deemed to adversely affect the interests of such agreement, provided that failure to give such notice shall not impair the validity of such agreementHolders.

Amendment Without Consent of Holders. Without the consent of any Holders, the Company, when duly authorized by a Board Resolution, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Stock Purchase Contract Agent, at any time and from time to time, may amend this Agreement, in form satisfactory to the Company, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Stock Purchase Contract Agent, tofor any of the following purposes: (a) to evidence the succession of another Person to the Company Company, and the assumption by any such successor of the covenants of the Company; (b) to add to the covenants of the Company for the benefit of the Holders or to surrender any right or power herein conferred upon the Company so long as such covenants or such surrender do not adversely affect the validity, perfection or priority of the security interests granted or created hereunder; (c) to evidence and provide for the acceptance of appointment hereunder by a successor Collateral Agent, Custodial Agent, Securities Intermediary or Stock Purchase Contract Agent; (c) add to the covenants of the Company for the benefit of the Holders, ; or surrender any right or power herein conferred upon the Company, provided that such covenants or such surrender do not adversely affect the validity, perfection or priority of the Pledge created hereunder;DB1/ 116050876.5 (d) to cure any ambiguity (or formal defect) or ambiguity, to correct or supplement any provisions herein which may be inconsistent with another such any other provisions herein, provided that such action shall not adversely affect the interests of the Holders in any material respect.; or (e) or to make any other provisions with respect to such matters or questions arising under this Agreement, provided that such action shall not adversely affect the interests of the Holders in any material respect. Promptly following , provided, further, that any amendment made solely to conform the entry into provisions of any agreement supplemental hereto pursuant this Agreement to this Section 10.1the description of the Equity Units, the Company will give written notice Purchase Contracts and the other components of the Equity Units contained in the prospectus supplement, dated September 16, 2020, relating to the Holders Equity Units will not be deemed to adversely affect the interests of such agreement, provided that failure to give such notice shall not impair the validity of such agreementHolders.

Amendment Without Consent of Holders. Section 901 of the Base Indenture shall be superseded by this Section 2.11(a). Without the consent of any Holders, the Company, when duly authorized by a Board Resolution, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Stock Purchase Contract AgentTrustee, at any time and from time to time, may amend this Agreement, in form satisfactory to the Company, the Collateral Agent, the Custodial Agent, the Securities Intermediary Indenture and the Stock Purchase Contract Agent, Debentures to: (a) evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company; (b) evidence and provide for the acceptance of appointment hereunder by a successor Collateral Agent, Custodial Agent, Securities Intermediary or Stock Purchase Contract Agent; (ci) add to the covenants of the Company for the benefit of the Holders, or ; (ii) add to the Events of Default under the Indenture; (iii) surrender any right or power herein conferred upon the Company, provided that such covenants or such surrender do not adversely affect the validity, perfection or priority of the Pledge created hereunder; (div) provide for the assumption of the Company's obligations to the Holders in the case of a merger, consolidation, conveyance, transfer or lease pursuant to Article 8 of the Base Indenture; (v) comply with the requirements of the Securities Exchange Commission in order to maintain the qualification of the Indenture under the Trust Indenture Act; or (vi) cure any ambiguity (or formal defect) or ambiguity, to correct or supplement any provisions provision herein which may be inconsistent with another such any other provision herein or which is otherwise defective, or to make any other provisions hereinwith respect to matters or questions arising under the Indenture which the Company and the Trustee may deem necessary or desirable and which shall not be inconsistent with the provisions of the Indenture, provided provided, that such action shall pursuant to this clause (vi) does not adversely affect the interests of the Holders in any material respect.; , or (e) make any other provisions with respect to such matters or questions arising under this Agreement, provided that such action shall not adversely affect in the interests case of the Holders in Debt Securities of a series issued to an Issuer Trust and for so long as any material respect. Promptly following of the entry into corresponding series of any agreement supplemental hereto pursuant to this Section 10.1Trust Preferred Securities issued by such Issuer Trust shall remain outstanding, the Company will give written notice to the Holders holders of such agreement, provided that failure to give such notice shall not impair the validity of such agreementTrust Preferred Securities.

Amendment Without Consent of Holders. Without the consent of any Holders, the Company, when duly authorized by a Board Resolution, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Stock Purchase Contract Agent, at any time and from time to time, may amend this Agreement, in form satisfactory to the Company, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Stock Purchase Contract Agent, tofor any of the following purposes: (a) to evidence the succession of another Person to the Company Company, and the assumption by any such successor of the covenants of the Company; (b) to add to the covenants of the Company for the benefit of the Holders or to surrender any right or power herein conferred upon the Company so long as such covenants or such surrender do not adversely affect the validity, perfection or priority of the security interests granted or created hereunder; (c) to evidence and provide for the acceptance of appointment hereunder by a successor Collateral Agent, Custodial Agent, Securities Intermediary or Stock Purchase Contract Agent; (c) add to the covenants of the Company for the benefit of the Holders, or surrender any right or power herein conferred upon the Company, provided that such covenants or such surrender do not adversely affect the validity, perfection or priority of the Pledge created hereunder;; or (d) to cure any ambiguity (or formal defect) or ambiguity, to correct or supplement any provisions herein which may be inconsistent with another such any other provisions herein, provided that such action shall not adversely affect the interests of the Holders in any material respect.; or (e) or to make any other provisions with respect to such matters or questions arising under this Agreement, provided that such action shall not adversely affect the interests of the Holders in any material respect. Promptly following , provided, further, that any amendment made solely to conform the entry into provisions of any agreement supplemental hereto pursuant this Agreement to this Section 10.1the description of the Equity Units, the Company will give written notice Purchase Contracts and the other components of the Equity Units contained in the prospectus supplement, dated September 5, 2019, relating to the Holders Equity Units will not be deemed to adversely affect the interests of such agreement, provided that failure to give such notice shall not impair the validity of such agreementHolders.

Amendment Without Consent of Holders. Without the consent of any Holders, the Company, when duly authorized by a Board Resolution, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Stock Purchase Contract Agent, at any time and from time to time, may amend this Agreement, in form satisfactory to the Company, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Stock Purchase Contract Agent, tofor any of the following purposes: (a) to evidence the succession of another Person to the Company Company, and the assumption by any such successor of the covenants of the Company; (b) to add to the covenants of the Company for the benefit of the Holders or to surrender any right or power herein conferred upon the Company so long as such covenants or such surrender do not adversely affect the validity, perfection or priority of the security interests granted or created hereunder; (c) to evidence and provide for the acceptance of appointment hereunder by a successor Collateral Agent, Custodial Agent, Securities Intermediary or Stock Purchase Contract Agent; (c) add to the covenants of the Company for the benefit of the Holders, or surrender any right or power herein conferred upon the Company, provided that such covenants or such surrender do not adversely affect the validity, perfection or priority of the Pledge created hereunder;; or (d) to cure any ambiguity (or formal defect) or ambiguity, to correct or supplement any provisions herein which may be inconsistent with another such any other provisions herein, provided that such action shall not adversely affect the interests of the Holders in any material respect.; or (e) or to make any other provisions with respect to such matters or questions arising under this Agreement, provided that such action shall not adversely affect the interests of the Holders in any material respect. Promptly following , provided, further, that any amendment made solely to conform the entry into provisions of any agreement supplemental hereto pursuant this Agreement to this Section 10.1the description of the Equity Units, the Company will give written notice Purchase Contracts and the other components of the Equity Units contained in the prospectus supplement, dated September 14, 2022, and the accompanying prospectus dated March 23, 2021, relating to the Holders Equity Units will not be deemed to adversely affect the interests of such agreement, provided that failure to give such notice shall not impair the validity of such agreement.Holders. DB1/ 132090770.6

Amendment Without Consent of Holders. Without the consent of any Holders, the Company, when duly authorized by a Board Resolution, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Stock Purchase Contract Agent, at any time and from time to time, may amend this Agreement, in form satisfactory to the Company, the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Stock Purchase Contract Agent, tofor any of the following purposes: (a) to evidence the succession of another Person to the Company Company, and the assumption by any such successor of the covenants of the Company; (b) to add to the covenants of the Company for the benefit of the Holders or to surrender any right or power herein conferred upon the Company so long as such covenants or such surrender do not adversely affect the validity, perfection or priority of the security interests granted or created hereunder; (c) to evidence and provide for the acceptance of appointment hereunder by a successor Collateral Agent, Custodial Agent, Securities Intermediary or Stock Purchase Contract Agent; (c) add to the covenants of the Company for the benefit of the Holders, or surrender any right or power herein conferred upon the Company, provided that such covenants or such surrender do not adversely affect the validity, perfection or priority of the Pledge created hereunder;; or (d) to cure any ambiguity (or formal defect) or ambiguity, to correct or supplement any provisions herein which may be inconsistent with another such any other provisions herein, provided that such action shall not adversely affect the interests of the Holders in any material respect.; or (e) or to make any other provisions with respect to such matters or questions arising under this Agreement, provided that such action shall not adversely affect the interests of the Holders in any material respect. Promptly following , provided further that any amendment made solely to conform the entry into provisions of any agreement supplemental hereto pursuant this Agreement to this Section 10.1the description of the Equity Units, the Company will give written notice Purchase Contracts and the other components of the Equity Units contained in the prospectus supplement, dated September 11, 2015, relating to the Holders Equity Units will not be deemed to adversely affect the interests of such agreement, provided that failure to give such notice shall not impair the validity of such agreementHolders.