Common use of Amendments and Supplements Permitted Without Consent of Holders Clause in Contracts

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. (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 ’s obligations to the Holders in the event of any Disposition 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 interests 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; or (vi) add additional Subsidiary Guarantors pursuant to Section 4.154.17 (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 ’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. (a) Notwithstanding Section 9.029.02 hereof, the Company, the Subsidiary Guarantors Company and the Trustee may amend or supplement this Indenture or the Senior Notes without the consent of any Holder to: (ia) to cure any ambiguity, defect or inconsistency; (iib) to provide for uncertificated Senior Notes in addition to or in place of certificated Senior Notes; (iiic) to provide for the assumption by a Successor Corporation of the Company's obligations Obligations to the Holders in the event of any a Disposition involving the Company that is permitted under pursuant to Article V in which the Company is not the Surviving Person5; (ivd) 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 Commission's requirements of the Commission in order to effect or maintain the qualification of this Indenture under the TIA; (e) to provide for guarantees with respect to the Senior Notes; or (vif) add additional Subsidiary Guarantors pursuant to Section 4.15. (b) 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, the documents described in Section 9.06 hereof, 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 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, duties or immunities under this Indenture or otherwise.

Amendments and Supplements Permitted Without Consent of Holders. (a) Notwithstanding Section 9.029.02 hereof, the Company, the Subsidiary Guarantors Company and the Trustee may amend or supplement this Indenture or the Senior Notes without the consent of any Holder to: (ia) to cure any ambiguity, defect or inconsistency; (iib) to provide for uncertificated Senior Notes in addition to or in place of certificated Senior Notes; (iiic) to provide for the assumption by a Successor Corporation of the Company's obligations Obligations to the Holders in the event of any a Disposition involving the Company that is permitted under pursuant to Article V in which the Company is not the Surviving Person5; (ivd) 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 Commission's requirements of the Commission in order to effect or maintain the qualification of this Indenture under the TIA; (e) to provide for guarantees with respect to the Senior Notes; or (vif) add additional Subsidiary Guarantors pursuant to Section 4.15. (b) 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, the documents described in Section 9.06 hereof, 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 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, duties or immunities under this Indenture or otherwise.

Amendments and Supplements Permitted Without Consent of Holders. (a) Notwithstanding Section 9.02, the Company, the Subsidiary Guarantors Company 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 (1) provide any additional rights or benefits to Holders or does (2) not adversely affect the interests of any Holder; or (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. (a) Notwithstanding Section 9.02, the 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 of the Company or a Guarantor, as the case may be, in the event of any Disposition involving the Company a merger or consolidation that is permitted under by Article V in which the Company is not the Surviving Person5; (iv) make any change that (1) would provide any additional rights or benefits to the Holders or (2) does not adversely affect the interests legal rights under this Indenture of any Holder; or (v) comply with the requirements of the Securities and Exchange 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 ’s request, after receipt by the Trustee of a resolution of the Board of Directors of the Company authorizing the execution of any amended or supplemental indentureindenture and the documents described in Section 9.06, 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 indentureIndenture, but the Trustee shall not be obligated to enter into an amended or supplemental indenture that adversely affects its own rights, duties, duties or immunities under this Indenture or otherwise.

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 inconsistencyinconsistency or correct or supplement any provision contained in this In- denture 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; (iiii) provide for the assumption of the Company's ’s obligations to the Holders in the event of any Disposition 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 interests 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; or (vi) add additional Subsidiary Guarantors pursuant to Section 4.154.15 (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); (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; or (x) provide for the assumption (and addition of Subsidiary Guarantors) on or after the Escrow Release Date referred to in Section 4.15(b) and Section 4.21(f). (b) Upon the Company's ’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. (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 4.154.17; (vii) provide for the issuance of Exchange Notes or Private Exchange Notes, subject to the provisions of this Indenture; or (viii) provide for the issuance of Additional Notes as permitted by Section 2.16. (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. (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 ’s obligations to the Holders in the event of any Disposition 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 interests 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; or (vi) add additional Subsidiary Guarantors pursuant to Section 4.154.15 (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 ’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. (a) Notwithstanding Section 9.02, the 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 of the Company or a Guarantor, as the case may be, in the event of any Disposition involving the Company a merger or consolidation that is permitted under by Article V in which the Company is not the Surviving Person5; (iv) make any change that (1) would provide any additional rights or benefits to the Holders or (2) does not adversely affect the interests legal rights under this Indenture of any Holder; or (v) comply with the requirements of the Securities and Exchange 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 of the Company authorizing the execution of any amended or supplemental indentureindenture and the documents described in Section 9.06, 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 indentureIndenture, but the Trustee shall not be obligated to enter into an amended or supplemental indenture that adversely affects its own rights, duties, duties or immunities under this Indenture or otherwise.

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 ’s obligations to the Holders in the event of any Disposition 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 interests 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; or (vi) add additional Subsidiary Guarantors pursuant to Section 4.154.17 (which does not require existing Subsidiary Guarantors to execute such supplemental indenture); (vii) secure additional Permitted Additional Pari Passu Secured Obligations pursuant to this Indenture by Liens ranking pari passu with the Liens securing the Notes and the Subsidiary Guarantees; (viii) to amend any Security Document to eliminate any assets purported to be secured thereby which are not actually owned by the Company or the Subsidiary Guarantors and were not owned by the Company or the Guarantors at the time such Security Document was entered into; (ix) to release a Guarantor from its Guarantee when permitted by this Indenture or the Intercreditor Agreement; or (x) conform this Indenture, the Security Documents or the Notes to provisions of the “Description of Notes” in the Offering Memorandum to the extent such provision was intended to be a verbatim recitation thereof. (b) Upon the Company's ’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. (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 mistake, ambiguity, defect or inconsistencyinconsistency or correct or supplement any provision contained in this Indenture that may be defective or inconsistent with any other provision contained in this Indenture; (ii) provide for uncertificated Notes in addition to or in place of certificated Notes; (iii) provide for the assumption of the Company's ’s obligations to the Holders in the event of any Disposition transaction involving the Company that is permitted under Article V in which the Company is not the Surviving surviving or transferee Person; (iv) make any change that would provide any additional rights or benefits to Holders or does not adversely affect the interests legal rights of any HolderHolder in any material respect (as determined in good faith by the Company); (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 4.154.15 of the Indenture (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 the Indenture; (viii) to release a Subsidiary Guarantor from its Subsidiary Guarantee when permitted by the Indenture (which amendment does not require existing Subsidiary Guarantors to execute such amendment); (ix) conform this Indenture or the Notes to provisions of the “Description of Notes” in the Offering Memorandum; or (x) secure the Notes and/or the Subsidiary Guarantees and/or add provisions regarding the release of collateral in accordance with the terms of this Indenture. (b) Upon the Company's ’s request, after receipt by the Trustee of a resolution of the Board of Directors an Officers’ Certificate 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. (a) Notwithstanding Section 9.02, the Company, the Subsidiary Guarantors Parent, the Guarantor Subsidiaries and the Trustee may amend or supplement this Indenture or the Senior Notes without the consent of any Holder to: (ia) to cure any ambiguity, defect or inconsistency; (iib) to provide for uncertificated Senior Notes in addition to or in place of certificated Senior Notes; (iiic) to provide for the assumption by a Successor Corporation of the Company's obligations Obligations to the Holders in the event of any a Disposition involving the Company that is permitted under pursuant to Article V in which the Company is not the Surviving Person5; (ivd) 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 SEC's requirements of the Commission in order to effect or maintain the qualification of this Indenture under the TIA; (e) to provide for additional Guarantees with respect to the Senior Notes; or (vif) add additional Subsidiary Guarantors pursuant to Section 4.15. (b) 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, the documents described in Section 9.06, 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 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, duties or immunities under this Indenture or otherwise.

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 Certificated Notes; (iii) provide for the assumption of the Company's obligations to the Holders of the Company or a Subsidiary Guarantor, as the case may be, in the event of any Disposition involving the Company that is permitted under Article V in which the Company is not the Surviving Persona 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 interests legal rights under this Indenture of any Holder; or (v) comply with the requirements of the Commission SEC 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 of the Company authorizing the execution of any amended or supplemental indentureindenture and the documents described in Section 9.06, 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 indentureIndenture, but the Trustee shall not be obligated to enter into an amended or supplemental indenture that adversely affects its own rights, duties, duties or immunities under this Indenture or otherwise.