Amendments and Supplemental Indentures Without Consent of Holders. Without the consent of any Holders of Securities, the Issuer, when authorized by or pursuant to a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more amendments hereof or indentures supplemental hereto, in form satisfactory to the Trustee, for any of the following purposes: (a) to evidence the succession of another Person to the Issuer pursuant to the terms hereof and the assumption by any such successor of the covenants of the Issuer herein and in the Securities contained; or (b) to add to the covenants of the Issuer for the benefit of the Holders of all or any of the Securities or to surrender any right or power herein conferred upon the Issuer; or (c) to add any additional Events of Default for the benefit of the Holders of all or any of the Securities; PROVIDED, HOWEVER, that in respect of any such additional Events of Default such amendment or supplemental indenture may provide for a particular period of grace after default (which period may be shorter or longer than that allowed in the case of other defaults) or may provide for an immediate enforcement upon such default or may limit the remedies available to the Trustee upon such default or may limit the right of the Holders of a majority in aggregate principal amount of the Securities; or (d) to evidence and provide for the acceptance of appointment hereunder by a successor Trustee as provided in Section 7.08; or (e) to cure any ambiguity, to correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, or to make any other provisions with respect to matters or questions arising under this Indenture which shall not be inconsistent with the provisions of this Indenture, PROVIDED such provisions shall not adversely affect the interests of the Holders of Securities in any material respect; or (f) to supplement any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the defeasance and discharge of the Securities pursuant to Section 6.01 and subject to the conditions set forth in Section 6.02; PROVIDED that any such action shall not adversely affect the interests of the Holders of Securities in any material respect.
Appears in 2 contracts
Samples: Restated Supplemental Indenture (Mid America Capital Partners L P), Restated Supplemental Indenture (Mid America Capital Partners L P)
Amendments and Supplemental Indentures Without Consent of Holders. Without the consent of any Holders of Securities, the Issuer, when authorized by or pursuant to a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more amendments hereof or indentures supplemental hereto, in form satisfactory to the Trustee, for any of the following purposes:
(a) to evidence the succession of another Person to the Issuer pursuant to the terms hereof and the assumption by any such successor of the covenants of the Issuer herein and in the Securities contained; or
(b) to add to the covenants of the Issuer for the benefit of the Holders of all or any of the Securities or to surrender any right or power herein conferred upon the Issuer; or
(c) to add any additional Events of Default for the benefit of the Holders of all or any of the Securities; PROVIDED, HOWEVER, that in respect of any such additional Events of Default such amendment or supplemental indenture may provide for a particular period of grace after default (which period may be shorter or longer than that allowed in the case of other defaults) or may provide for an immediate enforcement upon such default or may limit the remedies available to the Trustee upon such default or may limit the right of the Holders of a majority in aggregate principal amount of the Securities; or
(d) to evidence and provide for the acceptance of appointment hereunder by a successor Trustee as provided in Section 7.08; or
(e) to cure any xxxx xny ambiguity, to correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, or to make any other provisions with respect to matters or questions arising under this Indenture which shall not be inconsistent with the provisions of this Indenture, PROVIDED such provisions shall not adversely affect the interests of the Holders of Securities in any material respect; orarising
(f) to supplement any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the defeasance and discharge of the Securities pursuant to Section 6.01 and subject to the conditions set forth in Section 6.02; PROVIDED that any such action shall not adversely affect the interests of the Holders of Securities in any material respect.
Appears in 1 contract
Amendments and Supplemental Indentures Without Consent of Holders. Without the consent of any Holders of SecuritiesHolders, the IssuerCompany, when authorized by or pursuant to a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more amendments hereof or indentures supplemental hereto, in form reasonably satisfactory to the Trustee, for any of the following purposes:
(a) to evidence the succession of another Person corporation to the Issuer pursuant to the terms hereof Company and the assumption by any such successor of the covenants of the Issuer Company herein and in the Securities contained; orSecurities;
(b) to add to the covenants of the Issuer Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the Securities benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred upon the Issuer; orCompany;
(c) to add any additional Events of Default for the benefit of the Holders of with respect to all or any series of Securities;
(d) to add to or change any of the Securities; PROVIDEDprovisions of this Indenture to such extent as shall be necessary to facilitate the issuance of Securities in bearer form, HOWEVERregistrable or not registrable as to principal, and with or without interest coupons, or to facilitate the issuance of Securities in global form;
(e) to add to, change or eliminate any of the provisions of this Indenture, provided that in respect any such addition, change or elimination shall become effective only when there is no Security Outstanding of any such additional Events series created prior to the execution of Default such amendment or supplemental indenture may provide for a particular period of grace after default (which period may be shorter or longer than that allowed in the case of other defaults) or may provide for an immediate enforcement upon such default or may limit the remedies available is entitled to the Trustee upon benefit of such default or may limit the right of the Holders of a majority in aggregate principal amount of provision;
(f) to secure the Securities; or;
(dg) to establish the form or terms of Securities of any series as permitted by Sections 2.1 and 3.1;
(h) to evidence and provide for the acceptance of appointment hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as provided in shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, pursuant to the requirements of Sections 6.10 and 6.11;
(i) to make provision with respect to the conversion rights of Holders pursuant to the requirements of Section 7.0812.11; or
(ej) to cure any ambiguity, to correct or supplement any provision herein which that may be defective or inconsistent with any other provision herein, herein or to make any other provisions with respect to matters or questions arising under this Indenture which shall not be inconsistent with the provisions of this Indenture, PROVIDED such provisions shall not adversely affect the interests of the Holders of Securities in any material respect; or
(f) to supplement any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the defeasance and discharge of the Securities pursuant to Section 6.01 and subject to the conditions set forth in Section 6.02; PROVIDED that any provided such action shall not adversely affect the interests of the Holders of Securities of any series in any material respect, or to cure any ambiguity or correct any mistake.
Appears in 1 contract
Samples: Indenture (Robbins & Myers Inc)
Amendments and Supplemental Indentures Without Consent of Holders. Without the consent of any Holders of Securitiesthe Holders, the IssuerCompany, when authorized by or pursuant to a Board Resolution, and the Trustee, at any time and from time to time, may amend this Indenture or enter into one or more amendments hereof or indentures supplemental hereto, in form satisfactory to the Trustee, for any of the following purposes:
(a1) to evidence the succession of another Person to the Issuer pursuant to the terms hereof Company and the assumption by any such successor of the covenants of the Issuer Company contained herein and in the Securities containedBonds; or
(b2) to add to the covenants of the Issuer Company, for the benefit of the Holders of all or any of the Securities Bonds, or to surrender any right or power herein conferred upon the IssuerCompany; or
(c3) to add any additional Events of Default for the benefit of the Holders of all or any of the Securities; PROVIDED, HOWEVER, that in respect of any such additional Events of Default such amendment or supplemental indenture may provide for a particular period of grace after default (which period may be shorter or longer than that allowed in the case of other defaults) or may provide for an immediate enforcement upon such default or may limit the remedies available to the Trustee upon such default or may limit the right of the Holders of a majority in aggregate principal amount of the SecuritiesBonds; or
(d4) to evidence and provide for the acceptance of appointment hereunder by a successor Trustee as provided in Section 7.08Trustee; or
(e5) to secure the Bonds; or
(6) to cure any ambiguityambiguity or defect, to cure, correct or supplement any defective provision herein contained or in any manner which the Company and the Trustee may be defective mutually deem necessary or inconsistent with any other provision herein, or to make any other provisions with respect to matters or questions arising under this Indenture desirable and which shall not be inconsistent with the provisions of this Indenture, PROVIDED such provisions shall not adversely affect the interests of any of the Holders of Securities in any material respect, to all of which each Holder of the Bonds, by acceptance thereof, consent; or
(f7) to supplement modify the restrictions on the transferability of any Bonds, and the procedures for resales and other transfers of the provisions Bonds to reflect any change in applicable law or regulation (or the interpretation thereof) or to provide alternative procedures in compliance with applicable law and practices relating to the resale or other transfer of restricted securities generally; or
(8) to comply with the requirements of the Commission in connection with qualifying this Indenture to such extent as shall be necessary to permit or facilitate under the defeasance and discharge of the Securities pursuant to Section 6.01 and subject to the conditions set forth in Section 6.02; PROVIDED that any such action shall not adversely affect the interests of the Holders of Securities in any material respectTrust Indenture Act.
Appears in 1 contract
Samples: Indenture (Gruma Sa De Cv)
Amendments and Supplemental Indentures Without Consent of Holders. Without the consent of any Holders of Securitiesthe Holders, the Issuer, Company (when authorized by or pursuant to a Board Resolution), and the Trustee, at any time and from time to time, may amend this Indenture or enter into one or more amendments hereof or supplemental indentures supplemental hereto, in form satisfactory to the Trusteethis Indenture, for any of the following purposes:
(a1) to evidence the succession of another Person to the Issuer pursuant to the terms hereof Company and the assumption by any such successor of the covenants obligations of the Issuer Company contained herein and in the Securities containedNotes, as permitted under this Indenture; or
(b2) to add to the covenants of the Issuer Company, for the benefit of the Holders of all or any of the Securities Notes, or to surrender any right or power herein conferred upon the IssuerCompany; or
(c3) to add any additional Events of Default for the benefit of the Holders of all or any of the Securities; PROVIDED, HOWEVER, that in respect of any such additional Events of Default such amendment or supplemental indenture may provide for a particular period of grace after default (which period may be shorter or longer than that allowed in the case of other defaults) or may provide for an immediate enforcement upon such default or may limit the remedies available to the Trustee upon such default or may limit the right of the Holders of a majority in aggregate principal amount of the SecuritiesNotes; or
(d4) to evidence and provide for the acceptance of appointment hereunder by a successor Trustee as provided in Section 7.08Trustee; or
(e5) to add guarantees of the Notes or to secure the Notes; or
(6) to cure any ambiguityambiguity or defect, to cure, correct or supplement any defective provision herein contained or in any manner which the Company may be defective deem necessary or inconsistent with any other provision herein, or to make any other provisions with respect to matters or questions arising under this Indenture desirable and which shall not be inconsistent with the provisions of this Indenture, PROVIDED such provisions shall not adversely affect the interests of any of the Holders of Securities in any material respect, to all of which each Holder of the Notes, by acceptance thereof, consent; or
(f7) to supplement modify the restrictions on the transferability of any Notes, and the procedures for resales and other transfers of the provisions Notes to reflect any change in applicable law or regulation (or the interpretation thereof) or to provide alternative procedures in compliance with applicable law and practices relating to the resale or other transfer of restricted securities generally; or
(8) to conform the text of this Indenture or the Notes to such extent as shall be necessary to permit or facilitate the defeasance and discharge any provision of the Securities pursuant to Section 6.01 and subject section “Description of the Notes” in the Offering Memorandum relating to the conditions set forth Initial Notes to the extent that such provision in Section 6.02; PROVIDED that any such action shall not adversely affect the interests “Description of the Holders Notes” was intended to be a verbatim recitation of Securities in any material respect.a provision of this Indenture or the Notes;
Appears in 1 contract
Samples: Indenture (Gruma Sab De Cv)
Amendments and Supplemental Indentures Without Consent of Holders. Without the consent of any Holders of SecuritiesHolders, the IssuerCompany, when authorized by or pursuant to a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more amendments hereof or indentures supplemental hereto, in form reasonably satisfactory to the Trustee, for any of the following purposes:
(a) to evidence the succession of another Person corporation to the Issuer pursuant to the terms hereof Company and the assumption by any such successor of the covenants of the Issuer Company herein and in the Securities contained; orSecurities;
(b) to add to the covenants of the Issuer Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the Securities benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred upon the Issuer; orCompany;
(c) to add any additional Events of Default for the benefit of the Holders of with respect to all or any series of Securities;
(d) to add to or change any of the Securities; PROVIDEDprovisions of this Indenture to such extent as shall be necessary to facilitate the issuance of Securities in bearer form, HOWEVERregistrable or not registrable as to principal, and with or without interest coupons, or to facilitate the issuance of Securities in global form;
(e) to add to, change or eliminate any of the provisions of this Indenture, provided that in respect any such addition, change or elimination shall become effective only when there is no Security Outstanding of any such additional Events series created prior to the execution of Default such amendment or supplemental indenture may provide for a particular period of grace after default (which period may be shorter or longer than that allowed in the case of other defaults) or may provide for an immediate enforcement upon such default or may limit the remedies available is entitled to the Trustee upon benefit of such default or may limit the right of the Holders of a majority in aggregate principal amount of provision;
(f) to secure the Securities; or;
(dg) to establish the form or terms of Securities of any series as permitted by Sections 2.1 and 3.1;
(h) to evidence and provide for the acceptance of appointment hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as provided in Section 7.08; orshall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, pursuant to the requirements of Sections 6.10 and 6.11;
(ei) to cure any ambiguity, to correct or supplement any provision herein which that may be defective or inconsistent with any other provision herein, herein or to make any other provisions with respect to matters or questions arising under this Indenture which shall not be inconsistent with the provisions of this Indenture, PROVIDED such provisions shall not adversely affect the interests of the Holders of Securities in any material respect; or
(f) to supplement any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the defeasance and discharge of the Securities pursuant to Section 6.01 and subject to the conditions set forth in Section 6.02; PROVIDED that any provided such action shall not adversely affect the interests of the Holders of Securities of any series in any material respect, or to cure any ambiguity or correct any mistake.
Appears in 1 contract
Samples: Indenture (Robbins & Myers Inc)