Amendments and Supplements Permitted Without Consent of Holders. (a) Notwithstanding Section 9.02, the Company, the Subsidiary Guarantors and the Trustee may amend or supplement this Indenture or the Notes without the consent of any Holder to: (i) cure any ambiguity, defect or inconsistency; (ii) provide for uncertificated Notes in addition to or in place of certificated Notes; (iii) provide for the assumption of the Company's obligations to the Holders in the event of any Disposition involving the Company that is permitted under Article V in which the Company is not the Surviving Person; (iv) make any change that would provide any additional rights or benefits to Holders or does not adversely affect the interests of any Holder; (v) comply with the requirements of the Commission in order to effect or maintain the qualification of this Indenture under the TIA; or (vi) add additional Subsidiary Guarantors pursuant to Section 4.15.
(b) Upon the Company's request, after receipt by the Trustee of a resolution of the Board of Directors authorizing the execution of any amended or supplemental indenture, the Trustee shall join with the Company and the Subsidiary Guarantors in the execution of any amended or supplemental indenture authorized or permitted by the terms of this Indenture and to make any future appropriate agreements and stipulations that may be contained in any such amended or supplemental indenture, but the Trustee shall not be obligated to enter into an amended or supplemental indenture that affects its own rights, duties, or immunities under this Indenture or otherwise.
Amendments and Supplements Permitted Without Consent of Holders. 64 SECTION 9.02. Amendments and Supplements Requiring Consent of Holders .............................. 65 SECTION 9.03.
Amendments and Supplements Permitted Without Consent of Holders. (a) Notwithstanding Section 9.02, the Company, the Subsidiary Guarantors and the Trustee may amend or supplement this Indenture or the Notes without the consent of any Holder to: (i) cure any ambiguity, defect or inconsistency or correct or supplement any provision contained in this Indenture that may be defective or inconsistent with any other provision contained in this Indenture; provided that, in each case, such amendment or supplement shall not adversely affect the interests of the Holders of the Notes; (ii) provide for uncertificated Notes in addition to or in place of certificated Notes; (iii) provide for the assumption of the Company’s obligations to the Holders in the event of any transaction involving the Company that is permitted under Article V in which the Company is not the Surviving Person; (iv) make any change that would provide any additional rights or benefits to Holders or does not adversely affect the legal rights of any Holder; (v) comply with the requirements of the Commission in order to effect or maintain the qualification of this Indenture under the TIA; (vi) add additional Subsidiary Guarantors pursuant to Section 4.15 (which does not require existing Subsidiary Guarantors to execute such supplemental indenture); (vii) provide for the issuance of Additional Notes pursuant to Section 2.15 of this Indenture; (viii) to release a Guarantor from its Guarantee when permitted by this Indenture (which amendment does not require existing Subsidiary Guarantors to execute such amendment); or (ix) conform this Indenture or the Notes to provisions of the “Description of Notes” in the Offering Memorandum to the extent such provision was intended to be a substantially verbatim recitation thereof.
(b) Upon the Company’s request, after receipt by the Trustee of a resolution of the Board of Directors authorizing the execution of any amended or supplemental indenture, the Trustee shall join with the Company and the Subsidiary Guarantors in the execution of any amended or supplemental indenture authorized or permitted by the terms of this Indenture and to make any future appropriate agreements and stipulations that may be contained in any such amended or supplemental indenture, but the Trustee shall not be obligated to enter into an amended or supplemental indenture that affects its own rights, duties, or immunities under this Indenture or otherwise.
Amendments and Supplements Permitted Without Consent of Holders. Notwithstanding Section 9.02 of this Indenture, the Company and the Trustee may amend or supplement this Indenture or the Securities without the consent of any Holder or any holder of any Senior Indebtedness:
(a) to cure any ambiguity, defect or inconsistency;
(b) to provide for uncertificated Securities in addition to or in place of certificated Securities,
(c) to provide for the assumption by a Successor Corporation of the Company's Obligations to the Holders in the event of a Disposition pursuant to Article 5;
(d) to comply with SEC's requirements to effect or maintain the qualification of this Indenture under the TIA; or
(e) to make any change that does not materially adversely affect any Holder's legal rights under this Indenture. Upon the Company's request, after receipt by the Trustee of a resolution of the Board of Directors authorizing the execution of any amended or supplemental indenture and/or the documents described in Section 9.06, the Trustee shall join with the Company in the execution of any amended or supplemental indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be contained in any such amended or supplemental indenture, but the Trustee shall not be obligated to enter into an amended or supplemental indenture that affects its own rights, duties or immunities under this Indenture or otherwise.
Amendments and Supplements Permitted Without Consent of Holders. Notwithstanding Section 9.02, the Company and the Trustee may amend or supplement this Indenture or the Notes without the consent of any Holder (a) to cure any ambiguity, defect or inconsistency;
Amendments and Supplements Permitted Without Consent of Holders. 50 Section 9.02.
Amendments and Supplements Permitted Without Consent of Holders. Notwithstanding Section 11.2, the Company may amend or supplement this Agreement or the Senior Notes without the consent of any Holder to: (i) cure any ambiguity, defect or inconsistency; provided that such amendment does not adversely affect the rights of any Holder; (ii) provide for uncertificated Senior Notes in addition to or in place of certificated Senior Notes; (iii) provide for the assumption of the Company's obligations to the Holders in the event of any Disposition involving the Company that is permitted under Article VIII in which the Company is not the Surviving Person; or (iv) make any change that would (A) provide any additional rights or benefits to Holders or (B) not adversely affect the legal rights under this Agreement of any Holder.
Amendments and Supplements Permitted Without Consent of Holders. 50 SECTION 9.02. AMENDMENTS AND SUPPLEMENTS REQUIRING CONSENT OF HOLDERS..................................................................... 50 SECTION 9.03.
Amendments and Supplements Permitted Without Consent of Holders. Notwithstanding Section 10.2, the Company may amend or supplement this Agreement or the Senior Discount Notes without the consent of any Holder to: (i) cure any ambiguity, defect or inconsistency, provided that such amendment does not adversely affect the rights of any Holder; (ii) provide for uncertificated Senior Discount Notes in addition to or in place of certificated Senior Discount Notes; (iii) provide for the assumption of the Company's obligations to the Holders in the event of any Disposition involving the Company that is permitted under Article VIII in which the Company is not the Surviving Person; or (iv) make any change that would (A) provide any additional rights or benefits to Holders or (B) not adversely affect the legal rights under this Agreement of any Holder.
Amendments and Supplements Permitted Without Consent of Holders. Notwithstanding Section 9.02, the Company, the Subsidiary Guarantors and the Trustee may amend or supplement this Indenture or the Notes without the consent of any Holder to: (i) cure any ambiguity, defect or inconsistency; (ii) provide for uncertificated Notes in addition to or in place of Certificated Notes; (iii) provide for the assumption of the obligations to the Holders of the Company or a Subsidiary Guarantor, as the case may be, in the event of a merger or consolidation; (iv) make any change that (1) would provide any additional rights or benefits to Holders or (2) does not adversely affect the legal rights under this Indenture of any Holder; (v) comply with Section 4.18 or Article X; (vi) secure the Notes pursuant to the requirements of Section 4.11; or (vii) comply with the requirements of the Commission in order to effect or maintain the qualification of this Indenture under the TIA.
