Common use of Amendments and Supplemental Indentures Clause in Contracts

Amendments and Supplemental Indentures. This Amended and Restated Indenture or the Notes may be amended from time to time by the parties hereto, without the consent of any of the Noteholders, (i) to cure any ambiguity, to correct or supplement any provision herein which may be inconsistent with any other provision herein or to make any other provisions with respect to matters or questions arising under this Amended and Restated Indenture or the Notes which shall not be materially inconsistent with the provisions of this Amended and Restated Indenture or the Notes, PROVIDED THAT such action shall not adversely affect in any respect the interests of any Noteholder or (ii) to make any change to comply with the TIA or any amendment thereto, or to comply with any requirement of the Commission in connection with the qualification of the Amended and Restated Indenture under the TIA. This Amended and Restated Indenture or the Notes may also be amended from time to time by the parties hereto with the consent of the Holders of Notes evidencing more than 662/3% of the Voting Rights (and with prior written notice to the Rating Agency) for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Amended and Restated Indenture or the Notes or of modifying in any manner the rights of the Holders of Notes; PROVIDED, HOWEVER, that no amendment to this Amended and Restated Indenture or any supplemental indenture may (i) cause a reduction in the then current ratings, if any, of the Notes, (ii) increase or reduce in any manner the amount of, or accelerate or delay the timing of collections of payments on the related Contracts or distributions that are required to be made for the benefit of such Noteholders, (iii) reduce the aforesaid percentage of the Notes of such series which is required to consent to any such amendment or waiver, or (iv) release any of the Trust Property from the lien hereof (except as otherwise permitted herein) or modify Section 2.06, 3.04, 6.06, 6.08, 6.13 or 9.01, without the consent of each affected Noteholder. The Issuer shall furnish to the Rating Agencies copies of all amendments to and supplements to this Amended and Restated Indenture. It shall not be necessary for the consent of the Noteholders under this Section 9.01 to approve the particular form of any proposed amendment or supplement, but it shall be sufficient if such consent approves the substance thereof.

Amendments and Supplemental Indentures. This Amended and Restated Indenture or the Notes may be amended from time to time by the parties hereto, without the consent of any of the Noteholders, (i) to cure any ambiguity, to correct or supplement any provision herein which may be inconsistent with any other provision herein or to make any other provisions with respect to matters or questions arising under this Amended and Restated Indenture or the Notes which shall not be materially inconsistent with the provisions of this Amended and Restated Indenture or the Notes, PROVIDED THAT such action shall not adversely affect in any respect the interests of any Noteholder or (ii) to make any change to comply with the TIA or any amendment thereto, or to comply with any requirement of the Commission in connection with the qualification of the Amended and Restated Indenture under the TIA. This Amended and Restated Indenture or the Notes may also be amended from time to time by the parties hereto with the consent of the Holders of Notes evidencing more than 662/366-2/3% of the Voting Rights (and with prior written notice to the Rating Agency) for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Amended and Restated Indenture or the Notes or of modifying in any manner the rights of the Holders of Notes; PROVIDED, HOWEVER, that no amendment to this Amended and Restated Indenture or any supplemental indenture may (i) cause a reduction in the then current ratings, if any, of the Notes, (ii) increase or reduce in any manner the amount of, or accelerate or delay the timing of collections of payments on the related Contracts or distributions that are required to be made for the benefit of such Noteholders, (iii) reduce the aforesaid percentage of the Notes of such series which is required to consent to any such amendment or waiver, or (iv) release any of the Trust Property from the lien hereof (except as otherwise permitted herein) or modify Section 2.06, 3.04, 6.06, 6.08, 6.13 or 9.01, without the consent of each affected Noteholder. The Issuer shall furnish to the Rating Agencies copies of all amendments to and supplements to this Amended and Restated Indenture. It shall not be necessary for the consent of the Noteholders under this Section 9.01 to approve the particular form of any proposed amendment or supplement, but it shall be sufficient if such consent approves the substance thereof.

Amendments and Supplemental Indentures. This Amended and Restated Indenture or the Notes may be amended from time to time by the parties hereto, without the consent of any of the Noteholders, (i) to cure any ambiguity, to correct or supplement any provision herein which may be inconsistent with any other provision herein or to make any other provisions with respect to matters or questions arising under this Amended and Restated Indenture or the Notes which shall not be materially inconsistent with the provisions of this Amended and Restated Indenture or the Notes, PROVIDED THAT provided that such action shall not adversely affect in any respect the interests of any Noteholder or (ii) to make any change to comply with the TIA or any amendment thereto, or to comply with any requirement of the Commission in connection with the qualification of the Amended and Restated Indenture under the TIA. This Amended and Restated Indenture or the Notes may also be amended from time to time by the parties hereto with the consent of the Holders of Notes evidencing more than 662/366-2/3% of the Voting Rights (and with prior written notice to the Rating Agency) for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Amended and Restated Indenture or the Notes or of modifying in any manner the rights of the Holders of Notes; PROVIDEDprovided, HOWEVERhowever, that no amendment to this Amended and Restated Indenture or any supplemental indenture may (i) cause a reduction in the then current ratings, if any, of the Notes, (ii) increase or reduce in any manner the amount of, or accelerate or delay the timing of collections of payments on the related Contracts or distributions that are required to be made for the benefit of such Noteholders, (iii) reduce the aforesaid percentage of the Notes of such series which is required to consent to any such amendment or waiver, or (iv) release any of the Trust Property from the lien hereof (except as otherwise permitted herein) or modify Section 2.06, 3.04, 6.06, 6.08, 6.13 or 9.01, without the consent of each affected Noteholder. The Issuer shall furnish to the Rating Agencies copies of all amendments to and supplements to this Amended and Restated Indenture. It shall not be necessary for the consent of the Noteholders under this Section 9.01 to approve the particular form of any proposed amendment or supplement, but it shall be sufficient if such consent approves the substance thereof.

Amendments and Supplemental Indentures. This Amended and Restated Indenture or the Notes may be amended from time to time or supplemented by the parties hereto, without the notice to or consent of any of the Noteholders, (i) to cure any ambiguity, to correct or supplement any provision herein which may be inconsistent but with any other provision herein or to make any other provisions with respect to matters or questions arising under this Amended and Restated Indenture or the Notes which shall not be materially inconsistent with the provisions of this Amended and Restated Indenture or the Notes, PROVIDED THAT such action shall not adversely affect in any respect the interests of any Noteholder or (ii) to make any change to comply with the TIA or any amendment thereto, or to comply with any requirement of the Commission in connection with the qualification of the Amended and Restated Indenture under the TIA. This Amended and Restated Indenture or the Notes may also be amended from time to time by the parties hereto with the consent of the Holders of Notes evidencing more than 662/3% of the Voting Rights (and with prior written notice to the Rating Agency) Agency and confirmation by such Rating Agency that no reduction or withdrawal of the rating of any Class of Notes would be caused by such amendment or supplement, for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Amended and Restated Indenture or the Notes or of modifying in any manner the rights of such Noteholders, provided that such action will not, in the Holders opinion of Notescounsel reasonably satisfactory to the Trustee, materially and adversely affect the interests of any such Noteholders and that such action will not materially and adversely affect the interests of any Swap Provider. This Indenture or the Notes may also be amended or supplemented by the Company and the Trustee with the consent of the Noteholders of Notes evidencing at least 51% of the Aggregate Note Principal Balance for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture or of modifying in any manner the rights of such Noteholders; PROVIDEDprovided, HOWEVERhowever, that that, no amendment to this Amended and Restated Indenture or any supplemental indenture may (i) cause a reduction in the then current ratings, if any, rating of the Senior Notes or the Subordinated Notes, (ii) increase or reduce in any manner the amount of, or accelerate or delay the timing of collections of payments on the related Contracts or distributions that are required to be made for the benefit of such Noteholders, (iii) reduce the aforesaid percentage of the Notes of such series which is required to consent to any such amendment or waiver, (iv) change the Scheduled Final Payment Date or (ivv) release any of the Trust Property from the lien hereof (except as otherwise permitted herein) or modify Section 2.06, 3.043.07, 6.06, 6.08, 6.13 or 9.01, without the consent of each affected Noteholder. The Issuer shall furnish Furthermore, any amendment, modification or waiver of the Indenture that affects the rights, duties or obligations of the Trustee may only be effected with the Trustee's prior written consent. Notwithstanding anything herein to the Rating Agencies copies of all amendments to and supplements contrary, no amendment to this Amended and Restated Indenture. It Indenture or any supplemental indenture shall not be necessary for the consent required to cause a substitution of the Noteholders under this Floating Rate Hedge pursuant to Section 9.01 to approve the particular form of any proposed amendment or supplement, but it shall be sufficient if 12.04 hereof so long as all requirements for such consent approves the substance thereof.substitution set forth in Section 12.04

Amendments and Supplemental Indentures. This Amended and Restated Indenture or the Notes may be amended from time to time by the parties hereto, without the consent of any of the Noteholders, (i) to cure any ambiguity, to correct or supplement any provision herein which may be inconsistent with any other provision herein or to make any other provisions with respect to matters or questions arising under this Amended and Restated Indenture or the Notes which shall not be materially inconsistent with the provisions of this Amended and Restated Indenture or the Notes, PROVIDED THAT such action shall not adversely affect in any respect the interests of any Noteholder or (ii) to make any change to comply with the TIA or any amendment thereto, or to comply with any requirement of the Commission in connection with the qualification of the Amended and Restated Indenture under the TIA. This Amended and Restated Indenture or the Notes may also be amended from time to time by the parties hereto with the consent of the Holders of Notes evidencing more than 662/3% 66?% of the Voting Rights (and with prior written notice to the Rating Agency) for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Amended and Restated Indenture or the Notes or of modifying in any manner the rights of the Holders of Notes; PROVIDED, HOWEVER, that no amendment to this Amended and Restated Indenture or any supplemental indenture may (i) cause a reduction in the then current ratings, if any, of the Notes, (ii) increase or reduce in any manner the amount of, or accelerate or delay the timing of collections of payments on the related Contracts or distributions that are required to be made for the benefit of such Noteholders, (iii) reduce the aforesaid percentage of the Notes of such series which is required to consent to any such amendment or waiver, or (iv) release any of the Trust Property from the lien hereof (except as otherwise permitted herein) or modify Section 2.06, 3.04, 6.06, 6.08, 6.13 or 9.01, without the consent of each affected Noteholder. The Issuer shall furnish to the Rating Agencies copies of all amendments to and supplements to this Amended and Restated Indenture. It shall not be necessary for the consent of the Noteholders under this Section 9.01 to approve the particular form of any proposed amendment or supplement, but it shall be sufficient if such consent approves the substance thereof.