Common use of AMENDMENT WITHOUT CONSENT OF NOTEHOLDERS Clause in Contracts

AMENDMENT WITHOUT CONSENT OF NOTEHOLDERS. The Debtor and the Trustee may, without the consent of or notice to any of the Noteholders, enter into or amend any note agreement(s) supplemental to this Note Agreement for any one or more of the following purposes: (a) to cure any ambiguity or formal defect or omission in this Note Agreement; (b) to grant to or confer upon the Trustee for the benefit of the Noteholders any additional benefits, rights, remedies, powers or authorities that may lawfully be granted to or conferred upon the Noteholders or the Trustee; (c) to subject to this Note Agreement additional revenues, properties or collateral; (d) modify, amend or supplement this Note Agreement in such manner as to permit the qualification of this Note Agreement or any supplemental note agreement under the TIA or any similar federal statute hereafter in effect or to permit the qualification of the Notes for sale under the securities laws of the United States of America or of any of the states of the United States of America, and, if they so determine, to add to this Note Agreement or any indenture supplemental hereto such other terms, conditions and provisions as may be permitted by the TIA or similar federal statute; (e) to evidence the appointment of a separate or co-Trustee or a co-registrar or transfer agent or the succession of a new Trustee hereunder; (f) to provide for the issuance or redemption of Notes pursuant to this Note Agreement, including the creation of appropriate Accounts and subaccounts with respect to such Notes; (g) to amend this Note Agreement to allow for any Notes to be supported by a letter of credit or insurance policy or a liquidity agreement; (h) to make any other change which, in the judgment of the Trustee, is not to the material prejudice of the Noteholders; (i) to provide for the assumption of the Debtor's obligations to the Noteholders of the Notes in case of a merger or consolidation or sale of all or substantially all of the Debtor's assets; (j) to provide for the creation, terms and provisions of any series of Notes (other than Notes (Series I)) as provided in Article III ; provided, however, that nothing in this Article IX shall permit, or be construed as permitting, any modification of the trusts, powers, rights, duties, remedies, immunities and privileges of the Trustee without the prior written approval of the Trustee, which approval shall be evidenced by execution of a supplemental note agreement.

Appears in 3 contracts

Samples: Note Issuance and Security Agreement (Medical Capital Management Inc), Note Issuance and Security Agreement (Medical Capital Management Inc), Note Issuance and Security Agreement (Medical Capital Management Inc)

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AMENDMENT WITHOUT CONSENT OF NOTEHOLDERS. The Debtor and the Trustee may, without the consent of or notice to any of the Noteholders, enter into or amend any note agreement(s) supplemental to this Note Agreement for any one or more of the following purposes: (a) to cure any ambiguity or formal defect or omission in this Note Agreement; (b) to grant to or confer upon the Trustee for the benefit of the Noteholders any additional benefits, rights, remedies, powers or authorities that may lawfully be granted to or conferred upon the Noteholders or the Trustee; (c) to subject to this Note Agreement additional revenues, properties or collateral; (d) modify, amend or supplement this Note Agreement in such manner as to permit the qualification of this Note Agreement or any supplemental note agreement under the TIA or any similar federal statute hereafter in effect or to permit the qualification of the Notes for sale under the securities laws of the United States of America or of any of the states of the United States of America, and, if they so determine, to add to this Note Agreement or any indenture supplemental hereto such other terms, conditions and provisions as may be permitted by the TIA or similar federal statute; (e) to evidence the appointment of a separate or co-Trustee or a co-registrar or transfer agent or the succession of a new Trustee hereunder; (f) to provide for the issuance or redemption of Notes pursuant to this Note Agreement, including the creation of appropriate Accounts and subaccounts with respect to such Notes; (g) to amend this Note Agreement to allow for any Notes to be supported by a letter of credit or insurance policy or a liquidity agreement; (h) to make any other change which, in the judgment of the Trustee, is not to the material prejudice of the Noteholders; (i) to provide for the assumption of the Debtor's obligations to the Noteholders of the Notes in case of a merger or consolidation or sale of all or substantially all of the Debtor's assets; (j) to provide for the creation, terms and provisions of any series of Notes (other than Notes (Series III)) as provided in Article III II; provided, however, that nothing in this Article IX shall permit, or be construed as permitting, any modification of the trusts, powers, rights, duties, remedies, immunities and privileges of the Trustee without the prior written approval of the Trustee, which approval shall be evidenced by execution of a supplemental note agreement.

Appears in 1 contract

Samples: Note Issuance and Security Agreement (Medical Capital Management Inc)

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AMENDMENT WITHOUT CONSENT OF NOTEHOLDERS. The Debtor and the Trustee may, without the consent of or notice to any of the Noteholders, enter amend or into any indenture or amend any note agreement(s) indentures supplemental to this Note Agreement for any one or more of the following purposes: (a) to cure any ambiguity or formal defect or omission in this Note Agreement; (b) to grant to or confer upon the Trustee for the benefit of the Noteholders any additional benefits, rights, remedies, powers or authorities that may lawfully be granted to or conferred upon the Noteholders or the Trustee; (c) to subject to this Note Agreement to additional revenues, properties or collateral; (d) modify, amend or supplement this Note Agreement or any indenture supplemental hereto in such manner as to permit the qualification of this Note Agreement or any supplemental note agreement Note Agreement under the TIA or any similar federal statute hereafter in effect or to permit the qualification of the Notes for sale under the securities laws of the United States of America or of any of the states of the United States of America, and, if they so determine, to add to this Note Agreement or any indenture supplemental hereto such other terms, conditions and provisions as may be permitted by the TIA or similar federal statute; (e) to evidence the appointment of a separate or co-Trustee or a co-registrar or transfer agent or the succession of a new Trustee hereunder; (f) to provide for the issuance or redemption of Notes pursuant to this Note Agreement, including the creation of appropriate Accounts and subaccounts with respect to such Notes; (g) to amend this Note Agreement to allow for any Notes to be supported by a letter of credit or insurance policy or a liquidity agreement; (h) to make any other change which, in the judgment of the Trustee, Trustee is not to the material prejudice of the Noteholders; (i) to provide for the assumption of the Debtor's obligations to the Noteholders of the Notes in case of a merger or consolidation or sale of all or substantially all of the Debtor's assets; (j) to provide for the creation, terms and provisions of any series of Notes (other than Notes (Series I)) as provided in Article III of this Note Agreement; provided, however, that nothing in this Article IX X shall permit, or be construed as permitting, any modification of the trusts, powers, rights, duties, remedies, immunities and privileges of the Trustee without the prior written approval of the Trustee, which approval shall be evidenced by execution of a supplemental note agreementNote Agreement.

Appears in 1 contract

Samples: Indenture of Trust (Medical Capital Management Inc)

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