Common use of Amendments and Supplements Requiring Consent of Holders Clause in Contracts

Amendments and Supplements Requiring Consent of Holders. Subject to Section 6.07 hereof, the Company and the Trustee may amend or supplement this Indenture or the Senior Notes with the written consent of the Holders of at least a majority in principal amount of the then outstanding Senior Notes (including consents obtained in connection with a tender offer or exchange offer for the Senior Notes). Subject to Sections 6.04 and 6.07 hereof, the Holders of a majority in principal amount of the Senior Notes then outstanding (including consents obtained in connection with a tender offer or exchange offer for the Senior Notes) may also waive any existing Default or Event of Default (other than a payment Default) and its consequences or compliance in a particular instance by the Company with any provision of this Indenture or the Senior Notes. Upon the Company's request and after receipt by the Trustee of a resolution of the Board of Directors authorizing the execution of any supplemental indenture, evidence of the Holders' consent, and the documents described in Section 9.06 hereof, the Trustee shall join with the Company in the execution of such amended or supplemental indenture unless such amended or supplemental indenture affects the Trustee's own rights, duties or immunities under this Indenture or otherwise, in which case the Trustee may in its discretion, but not be obligated to, enter into such amended or supplemental indenture. It shall not be necessary for the consent of the Holders under this Section to approve the particular form of any proposed amendment or waiver, but it shall be sufficient if such consent approves the substance thereof. After an amendment or waiver under this Section becomes effective, the Company shall mail to each Holder affected thereby a notice briefly describing the amendment, supplement or waiver. Any failure of the Company to mail such notice, or any defect therein, shall not, however, in any way impair or affect the validity of any such amended or supplemental indenture or waiver. Without the consent of each Holder affected, an amendment, supplement or waiver under this Section may not (1) reduce the principal amount of Senior Notes whose Holders must consent to an amendment, supplement or waiver; (2) reduce the rate of or change the time for payment of interest, including default interest as set forth in Section 4.01 hereof or alter the redemption or purchase provisions with respect thereto (other than the provisions of Sections 4.13 and 4.14 hereof) or the price at which the Company is required to offer to purchase any Senior Note; (3) reduce the principal of or change the fixed maturity of any Senior Note; (4) make any Senior Note payable in money other than that stated in the Senior Note; (5) make any change in Section 6.04 or 6.07 hereof or in this sentence of this Section 9.02 hereof; or (6) waive a default in the payment of the principal of, or premium, if any, or any accrued and unpaid interest on, or redemption or purchase payment with respect to, any Senior Note (except a rescission of acceleration of the Senior Notes by the Holders of at least a majority in aggregate principal amount of the then outstanding Senior Notes and a waiver of the payment default that resulted from such acceleration).

Appears in 2 contracts

Samples: Indenture (Ameriking Inc), Indenture (Ameriking Inc)

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Amendments and Supplements Requiring Consent of Holders. Subject to Section 6.07 hereof6.07, the Company and the Trustee may amend or supplement this Indenture or the Senior Notes Securities with the written consent of the Holders of at least a majority in principal amount of the then outstanding Senior Notes Securities (including consents obtained in connection with a tender offer or exchange offer for the Senior NotesSecurities). Subject to Sections 6.04 and 6.07 hereof6.07, the Holders of a majority in principal amount of the Senior Notes Securities then outstanding (including consents obtained in connection with a tender offer or exchange offer for the Senior NotesSecurities) may also waive any existing Default or Event of Default (other than a payment Default) and its consequences or compliance in a particular instance by the Company with any provision of this Indenture or the Senior NotesSecurities. Upon the Company's request and after receipt by the Trustee of a resolution of the Board of Directors authorizing the execution of any supplemental indenture, evidence of the Holders' consent, and the documents described in Section 9.06 hereof9.06, the Trustee shall join with the Company in the execution of such amended or supplemental indenture unless such amended or supplemental indenture affects the Trustee's own rights, duties or immunities under this Indenture or otherwise, in which case the Trustee may in its discretion, but not be obligated to, enter into such amended or supplemental indenture. It shall not be necessary for the consent of the Holders under this Section to approve the particular form of any proposed amendment or waiver, but it shall be sufficient if such consent approves the substance thereof. After an amendment or waiver under this Section becomes effective, the Company shall mail to each Holder affected thereby a notice briefly describing the amendment, supplement or waiver. Any failure of the Company to mail such notice, or any defect therein, shall not, however, in any way impair or affect the validity of any such amended or supplemental indenture or waiver. Without the consent of each Holder affected, an amendment, supplement or waiver under this Section may not (1) reduce the principal amount of Senior Notes whose Holders must consent to an amendment, supplement or waiver; (2) reduce the rate of or change the time for payment of interest, including default interest as set forth in Section 4.01 hereof or alter the redemption or purchase provisions with respect thereto (other than the provisions of Sections 4.13 and 4.14 hereof) or the price at which the Company is required to offer to purchase any Senior Note; (3) reduce the principal of or change the fixed maturity of any Senior Note; (4) make any Senior Note payable in money other than that stated in the Senior Note; (5) make any change in Section 6.04 or 6.07 hereof or in this sentence of this Section 9.02 hereof; or (6) waive a default in the payment of the principal of, or premium, if any, or any accrued and unpaid interest on, or redemption or purchase payment with respect to, any Senior Note (except a rescission of acceleration of the Senior Notes by the Holders of at least a majority in aggregate principal amount of the then outstanding Senior Notes and a waiver of the payment default that resulted from such acceleration).not:

Appears in 2 contracts

Samples: Indenture (Jordan Industries Inc), Jordan Industries Inc

Amendments and Supplements Requiring Consent of Holders. Subject to Section 6.07 hereof6.07, the Company and the Trustee may amend or supplement this Indenture or the Senior Notes with the written consent of the Holders of at least a majority in principal amount of the then outstanding Senior Notes (including consents obtained in connection with a tender offer or exchange offer for the Senior Notes). Subject to Sections 6.04 and 6.07 hereof6.07, the Holders of a majority in principal amount of the Senior Notes then outstanding (including consents obtained in connection with a tender offer or exchange offer for the Senior Notes) may also waive any existing Default or Event of Default (other than a payment Default) and its consequences or compliance in a particular instance by the Company with any provision of this Indenture or the Senior Notes. Upon the Company's request and after receipt by the Trustee of a resolution of the Board of Directors authorizing the execution of any supplemental indenture, evidence of the Holders' consent, and the documents described in Section 9.06 hereof9.06, the Trustee shall join with the Company in the execution of such amended or supplemental indenture unless such amended or supplemental indenture affects the Trustee's own rights, duties or immunities under this Indenture or otherwise, in which case the Trustee may in its discretion, but not be obligated to, enter into such amended or supplemental indenture. It shall not be necessary for the consent of the Holders under this Section to approve the particular form of any proposed amendment or waiver, but it shall be sufficient if such consent approves the substance thereof. After an amendment or waiver under this Section becomes effective, the Company shall mail to each Holder affected thereby a notice briefly describing the amendment, supplement or waiver. Any failure of the Company to mail such notice, or any defect therein, shall not, however, in any way impair or affect the validity of any such amended or supplemental indenture or waiver. Without the consent of each Holder affected, an amendment, supplement or waiver under this Section may not (1) reduce the principal amount of Senior Notes whose Holders must consent to an amendment, supplement or waiver; (2) reduce the rate of or change the time for payment of interest, including default interest as set forth in Section 4.01 hereof 4.01, on any Note or alter the redemption or purchase provisions with respect thereto (other than the provisions of Sections 4.13 and 4.14 hereof) or the price at which the Company is required to offer to purchase any Senior Note; (3) reduce the principal of or change the fixed maturity of any Senior Note; (4) make any Senior Note payable in money other than that stated in the Senior Note; (5) make any change in Section 6.04 or 6.07 hereof or in this sentence of this Section 9.02 hereof9.02; or (6) waive a default in the payment of the principal of, or premium, if any, or any accrued and unpaid interest on, on or redemption or purchase payment with respect to, any Senior Note (except a rescission of acceleration of the Senior Notes by the Holders of at least a majority in aggregate principal amount of the then outstanding Senior Notes and a waiver of the payment default that resulted from such acceleration). Without the consent of the Holders of at least 75% in aggregate principal amount of the Notes then outstanding, no amendment, supplement or waiver under this Section may make any change in the provisions under Article 10 of this Indenture.

Appears in 1 contract

Samples: Indenture (Gfsi Inc)

Amendments and Supplements Requiring Consent of Holders. Subject to Section 6.07 hereof6.7, the Company and the Trustee may amend or supplement this Indenture or the Senior Notes Securities with the written consent of the Holders of at least a majority in principal amount of the then outstanding Senior Notes Securities (including consents obtained in connection with a tender offer or exchange offer for the Senior NotesSecurities). Subject to Sections 6.04 6.4 and 6.07 hereof6.7, the Holders of a majority in principal amount of the Senior Notes Securities then outstanding (including consents obtained in connection with a tender offer or exchange offer for the Senior NotesSecurities) may also waive any existing Default or Event of Default (other than a payment Default) and its consequences or compliance in a particular instance by the Company with any provision of this Indenture or the Senior NotesSecurities. Upon the Company's request and request, after receipt by the Trustee of a resolution of the Board of Directors authorizing the execution of any supplemental indenture, evidence of the Holders' consent, and the documents described in Section 9.06 hereof9.6, the Trustee shall join with the Company in the execution of such amended or supplemental indenture unless such amended or supplemental indenture affects the Trustee's own rights, duties or immunities under this Indenture or otherwise, in which case the Trustee may in its discretion, but shall not be obligated to, enter into such amended or supplemental indenture. It shall not be necessary for the consent of the Holders under this Section to approve the particular form of any proposed amendment or waiver, but it shall be sufficient if such consent approves the substance thereof. After an amendment or waiver under this Section becomes effective, the Company shall mail to each Holder affected thereby a notice briefly describing the amendment, supplement or waiver. Any failure of the Company to mail such notice, or any defect therein, shall not, however, in any way impair or affect the validity of any such amended or supplemental indenture or waiver. Without the consent of each Holder affected, an amendment, supplement or waiver under this Section may not (1) reduce the principal amount of Senior Notes whose Holders must consent to an amendment, supplement or waiver; (2) reduce the rate of or change the time for payment of interest, including default interest as set forth in Section 4.01 hereof or alter the redemption or purchase provisions with respect thereto (other than the provisions of Sections 4.13 and 4.14 hereof) or the price at which the Company is required to offer to purchase any Senior Note; (3) reduce the principal of or change the fixed maturity of any Senior Note; (4) make any Senior Note payable in money other than that stated in the Senior Note; (5) make any change in Section 6.04 or 6.07 hereof or in this sentence of this Section 9.02 hereof; or (6) waive a default in the payment of the principal of, or premium, if any, or any accrued and unpaid interest on, or redemption or purchase payment with respect to, any Senior Note (except a rescission of acceleration of the Senior Notes by the Holders of at least a majority in aggregate principal amount of the then outstanding Senior Notes and a waiver of the payment default that resulted from such acceleration).not

Appears in 1 contract

Samples: Indenture (Jordan Industries Inc)

Amendments and Supplements Requiring Consent of Holders. Subject to Section 6.07 hereofhereof and Section 10.13, the Company and the Trustee may amend or supplement this Indenture or the Senior Notes with the written consent of the Holders holders of at least a majority in principal amount of the Notes then outstanding Senior (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for Notes), and any existing Default or Event of Default (other than a payment Default) or compliance with any provision of the Indenture or the Notes may be waived with the consent of the holders of a majority in principal amount of the then outstanding Notes (including consents obtained in connection with a tender offer or exchange offer for the Senior Notes). Subject to Sections 6.04 and 6.07 hereof, the Holders of a majority in principal amount of the Senior Notes then outstanding (including consents obtained in connection with a tender offer or exchange offer for the Senior Notes) may also waive any existing Default or Event of Default (other than a payment Default) and its consequences or compliance in a particular instance by the Company with any provision of this Indenture or the Senior Notes. Upon the Company's request and after receipt by the Trustee of a resolution of the Board of Directors authorizing the execution of any supplemental indenture, evidence of the Holders' consent, and the documents described in Section 9.06 hereof, the Trustee shall join with the Company in the execution of such amended or supplemental indenture unless such amended or supplemental indenture affects the Trustee's own rights, duties or immunities under this Indenture or otherwise, in which case the Trustee may in its discretion, but not be obligated to, enter into such amended or supplemental indenture. It shall not be necessary for the consent of the Holders under this Section 9.02 to approve the particular form of any proposed amendment or waiver, but it shall be sufficient if such consent approves the substance thereof. After an amendment or waiver under this Section becomes effectiveHowever, the Company shall mail to each Holder affected thereby a notice briefly describing the amendment, supplement or waiver. Any failure of the Company to mail such notice, or any defect therein, shall not, however, in any way impair or affect the validity of any such amended or supplemental indenture or waiver. Without without the consent of each Holder affected, an amendment, supplement or waiver under this Section may not (1with respect to any Notes held by a non-consenting Holder): (i) reduce the principal amount of Senior Notes whose Holders holders must consent to an amendment, supplement or waiver; , (2ii) reduce the principal of or change the fixed maturity of any Note or alter the provisions with respect to the redemption of the Notes in a manner adverse to Holders, (iii) reduce the rate of or change the time for payment of interestinterest on any Note, including default interest as set forth in Section 4.01 hereof or alter the redemption or purchase provisions with respect thereto (other than the provisions of Sections 4.13 and 4.14 hereof) or the price at which the Company is required to offer to purchase any Senior Note; (3) reduce the principal of or change the fixed maturity of any Senior Note; (4) make any Senior Note payable in money other than that stated in the Senior Note; (5) make any change in Section 6.04 or 6.07 hereof or in this sentence of this Section 9.02 hereof; or (6iv) waive a default Default or Event of Default in the payment of the principal of, of or premium, if any, or any accrued and unpaid interest on, or redemption or purchase payment with respect to, any Senior Note on the Notes (except a rescission of acceleration of the Senior Notes by the Holders holders of at least a majority in aggregate principal amount of the then outstanding Senior Notes and a waiver of the payment default that resulted from such acceleration), (v) make any Note payable in money other than that stated in the Notes, (vi) make any change in the provisions of the Indenture relating to waivers of past Defaults or the rights of holders of Notes to receive payments of principal of or premium, if any, or interest on the Notes, (vii) waive a redemption payment with respect to any Note or (viii) make any change in the foregoing amendment and waiver provisions. In addition, any amendment to the provisions of Article 10 hereof will require the consent of the holders of at least 75% in aggregate principal amount of the Notes then outstanding if such amendment would adversely affect the rights of holders of Notes."

Appears in 1 contract

Samples: Amfm Inc

Amendments and Supplements Requiring Consent of Holders. Subject to Section 6.07 hereofhereof and Section 10.13, the Company Company, the Guarantors and the Trustee may amend or supplement this Indenture or the Senior Notes with the written consent of the Holders holders of at least a majority in principal amount of the Notes then outstanding Senior (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for Notes), and any existing Default or Event of Default (other than a payment Default) or compliance with any provision of the Indenture or the Notes may be waived with the consent of the holders of a majority in principal amount of the then outstanding Notes (including consents obtained in connection with a tender offer or exchange offer for the Senior Notes). Subject to Sections 6.04 and 6.07 hereof, the Holders of a majority in principal amount of the Senior Notes then outstanding (including consents obtained in connection with a tender offer or exchange offer for the Senior Notes) may also waive any existing Default or Event of Default (other than a payment Default) and its consequences or compliance in a particular instance by the Company with any provision of this Indenture or the Senior Notes. Upon the Company's request and after receipt by the Trustee of a resolution of the Board of Directors authorizing the execution of any supplemental indenture, evidence of the Holders' consent, and the documents described in Section 9.06 hereof, the Trustee shall join with the Company and the Guarantors in the execution of such amended or supplemental indenture unless such amended or supplemental indenture affects the Trustee's own rights, duties or immunities under this Indenture or otherwise, in which case the Trustee may in its discretion, but not be obligated to, enter into such amended or supplemental indenture. It shall not be necessary for the consent of the Holders under this Section 9.02 to approve the particular form of any proposed amendment or waiver, but it shall be sufficient if such consent approves the substance thereof. After an amendment or waiver under this Section 9.02 becomes effective, the Company shall mail to each Holder affected thereby a notice briefly describing the amendment, supplement or waiver. Any failure of the Company to mail such notice, or any defect therein, shall not, however, in any way impair or affect the validity of any such amended or supplemental indenture or waiver. Without Subject to Sections 6.02, 6.04 and 6.07 hereof, the Holders of a majority in aggregate principal amount of the Notes then outstanding may waive compliance in a particular instance by the Company or the Guarantors with any provision of this Indenture, the Notes or the Subsidiary Guarantees. However, without the consent of each Holder affected, an amendment, supplement or waiver under this Section may not (1with respect to any Note or Subsidiary Guarantee held by a non-consenting Holder): (i) reduce the principal amount of Senior Notes whose Holders holders must consent to an amendment, supplement or waiver; , (2ii) reduce the principal of or change the fixed maturity of any Note or alter the provisions with respect to the redemption of the Notes (other than provisions relating to Sections 4.13 and 4.14 hereof), in a manner adverse to Holders, (iii) reduce the rate of or change the time for payment of interestinterest on any Note, including default interest as set forth in Section 4.01 hereof or alter the redemption or purchase provisions with respect thereto (other than the provisions of Sections 4.13 and 4.14 hereof) or the price at which the Company is required to offer to purchase any Senior Note; (3) reduce the principal of or change the fixed maturity of any Senior Note; (4) make any Senior Note payable in money other than that stated in the Senior Note; (5) make any change in Section 6.04 or 6.07 hereof or in this sentence of this Section 9.02 hereof; or (6iv) waive a default Default or Event of Default in the payment of the principal of, of or premium, if any, or any accrued and unpaid interest on, or redemption or purchase payment with respect to, any Senior Note on the Notes (except a rescission of acceleration of the Senior Notes by the Holders holders of at least a majority in aggregate principal amount of the then outstanding Senior Notes and a waiver of the payment default that resulted from such acceleration), (v) make any Note payable in money other than that stated in the Notes, (vi) make any change in the provisions of the Indenture relating to waivers of past Defaults or the rights of holders of Notes to receive payments of principal of or premium, if any, or interest on the Notes, (vii) waive a redemption payment with respect to any Note (other than a payment required by either of Sections 4.13 or 4.14 hereof) or (viii) make any change in the foregoing amendment and waiver provisions. In addition, any amendment to the provisions of Article 10 or Section 11.08 hereof will require the consent of the holders of at least 75% in aggregate principal amount of the Notes then outstanding if such amendment would adversely affect the rights of holders of Notes.

Appears in 1 contract

Samples: Supplemental Indenture (Katz Media Group Inc)

Amendments and Supplements Requiring Consent of Holders. Subject to Section 6.07 hereof6.7, the Company and the Trustee may amend or supplement this Indenture or the Senior Notes with the written consent of the Holders of at least a majority in principal amount of the then outstanding Senior Notes (including consents obtained in connection with a tender offer or exchange offer for the Senior Notes). Subject to Sections 6.04 6.4 and 6.07 hereof6.7, the Holders of a majority in principal amount of the Senior Notes then outstanding (including consents obtained in connection with a tender offer or exchange offer for the Senior Notes) may also waive any existing Default or Event of Default (other than a payment Default) and its consequences or compliance in a particular instance by the Company with any provision of this Indenture or the Senior Notes. Upon the Company's request and after receipt by the Trustee of a resolution of the Board of Directors authorizing the execution of any supplemental indenture, evidence of the Holders' consent, and the documents described in Section 9.06 hereof9.6, the Trustee shall join with the Company in the execution of such amended or supplemental indenture unless such amended or supplemental indenture affects the Trustee's own rights, duties or immunities under this Indenture or otherwise, in which case the Trustee may in its discretion, but shall not be obligated to, enter into such amended or supplemental indenture. It shall not be necessary for the consent of the Holders under this Section to approve the particular form of any proposed amendment or waiver, but it shall be sufficient if such consent approves the substance thereof. After an amendment or waiver under this Section becomes effective, the Company shall mail to each Holder affected thereby a notice briefly describing the amendment, supplement or waiver. Any failure of the Company to mail such notice, or any defect therein, shall not, however, in any way impair or affect the validity of any such amended or supplemental indenture or waiver. Without the consent of each Holder affected, an amendment, supplement or waiver under this Section may not (1) reduce the principal amount of Senior Notes whose Holders must consent to an amendment, supplement or waiver; (2) reduce the rate of or change the time for payment of interest, including default interest as set forth in Section 4.01 hereof 4.1, or Liquidated Damages on any Senior Note or alter the redemption or purchase provisions with respect thereto (other than the provisions of Sections 4.13 and 4.14 hereof) or the price at which the Company is required to offer to purchase any Senior Note; (3) reduce the principal of or change the fixed maturity of any Senior Note; (4) make any Senior Note payable in money other than that stated in the Senior Note; (5) make any change in Section 6.04 6.4 or 6.07 hereof 6.7 or in this sentence of this Section 9.02 hereof9.2; or (6) waive a default in the payment of the principal of, or premium, if any, or any accrued and unpaid interest on, or Liquidated Damages, if any, with respect to, or redemption or purchase payment with respect to, any Senior Note (except a rescission of acceleration of the Senior Notes by the Holders of at least a majority in aggregate principal amount of the then outstanding Senior Notes and a waiver of the payment default that resulted from such acceleration).

Appears in 1 contract

Samples: Jordan Telecommunication Products Inc

Amendments and Supplements Requiring Consent of Holders. Subject to Section 6.07 hereof6.7, the Company and the Trustee may amend or supplement this Indenture or the Senior Subordinated Exchange Notes with the written consent of the Holders of at least a majority in principal amount of the then outstanding Senior Subordinated Exchange Notes (including consents obtained in connection with a tender offer or exchange offer for the Senior Subordinated Exchange Notes). Subject to Sections 6.04 6.4 and 6.07 hereof6.7, the Holders of a majority in principal amount of the Senior Subordinated Exchange Notes then outstanding (including consents obtained in connection with a tender offer or exchange offer for the Senior Subordinated Exchange Notes) may also waive any existing Default or Event of Default (other than a payment Default) and its consequences or compliance in a particular instance by the Company with any provision of this Indenture or the Senior Subordinated Exchange Notes. Upon the Company's request and after receipt by the Trustee of a resolution of the Board of Directors authorizing the execution of any supplemental indenture, evidence of the Holders' consent, and the documents described in Section 9.06 hereof9.6, the Trustee shall join with the Company in the execution of such amended or supplemental indenture unless such amended or supplemental indenture affects the Trustee's own rights, duties or immunities under this Indenture or otherwise, in which case the Trustee may in its discretion, but shall not be obligated to, enter into such amended or supplemental indenture. It shall not be necessary for the consent of the Holders under this Section to approve the particular form of any proposed amendment or waiver, but it shall be sufficient if such consent approves the substance thereof. thereof After an amendment or waiver under this Section becomes effective, the Company shall mail to each Holder affected thereby a notice briefly describing the amendmentamend- ment, supplement or waiver. Any failure of the Company to mail such notice, or any defect therein, shall not, however, in any way impair or affect the validity of any such amended or supplemental indenture or waiver. Without the consent of each Holder affected, an amendment, supplement or waiver under this Section may not (1) reduce the principal amount of Senior Subordinated Exchange Notes whose Holders must consent to an amendment, supplement or waiver; (2) reduce the rate of or change the time for payment of interest, including default interest as set forth in Section 4.01 hereof 4.1, or Liquidated Damages on any Subordinated Exchange Note or alter the redemption or purchase provisions with respect thereto (other than the provisions of Sections 4.13 and 4.14 hereof) or the price at which the Company is required to offer to purchase any Senior Subordinated Exchange Note; (3) reduce the principal of or change the fixed maturity of any Senior Subordinated Exchange Note; (4) make any Senior Subordinated Exchange Note payable in money other than that stated in the Senior Subordinated Exchange Note; (5) make any change in Section 6.04 6.4 or 6.07 hereof 6.7 or in this sentence of this Section 9.02 hereof9.2; or (6) waive a default in the payment of the principal of, or premium, if any, or any accrued and unpaid interest on, or Liquidated Damages, if any, with respect to, or redemption or purchase payment with respect to, any Senior Subordinated Exchange Note (except a rescission of acceleration of the Senior Subordinated Exchange Notes by the Holders of at least a majority in aggregate principal amount of the then outstanding Senior Subordinated Exchange Notes and a waiver of the payment default that resulted from such acceleration).

Appears in 1 contract

Samples: Jordan Telecommunication Products Inc

Amendments and Supplements Requiring Consent of Holders. Subject to Section 6.07 hereof, the Company and the Trustee may amend or supplement this Indenture or the Senior Notes Exchange Debentures with the written consent of the Holders of at least a majority in principal amount of the then outstanding Senior Notes Exchange Debentures (including consents obtained in connection with a tender offer or exchange offer for the Senior NotesExchange Debentures). Subject to Sections 6.04 and 6.07 hereof, the Holders of a majority in principal amount of the Senior Notes Exchange Debentures then outstanding (including consents obtained in connection with a tender offer or exchange offer for the Senior NotesExchange Debentures) may also waive any existing Default or Event of Default (other than a payment Default) and its consequences or compliance in a particular instance by the Company with any provision of this Indenture or the Senior NotesExchange Debentures. Upon the Company's request and after receipt by the Trustee of a resolution of the Board of Directors authorizing the execution of any supplemental indenture, evidence of the Holders' consent, and the documents described in Section 9.06 hereof, the Trustee shall join with the Company in the execution of such amended or supplemental indenture unless such amended or supplemental indenture affects the Trustee's own rights, duties or immunities under this Indenture or otherwise, in which case the Trustee may in its discretion, but not be obligated to, enter into such amended or supplemental indenture. It shall not be necessary for the consent of the Holders under this Section to approve the particular form of any proposed amendment or waiver, but it shall be sufficient if such consent approves the substance thereof. After an amendment or waiver under this Section becomes effective, the Company shall mail to each Holder affected thereby a notice briefly describing the amendment, supplement or waiver. Any failure of the Company to mail such notice, or any defect therein, shall not, however, in any way impair or affect the validity of any such amended or supplemental indenture or waiver. Without the consent of each Holder affected, an amendment, supplement or waiver under this Section may not (1) reduce the principal amount of Senior Notes Exchange Debentures whose Holders must consent to an amendment, supplement or waiver; (2) reduce the rate of or change the time for payment of interest, including default interest as set forth in Section 4.01 hereof or alter the redemption or purchase provisions with respect thereto (other than the provisions of Sections 4.13 and 4.14 hereof) or the price at which the Company is required to offer to purchase any Senior NoteExchange Debenture; (3) reduce the principal of or change the fixed maturity of any Senior NoteExchange Debenture; (4) make any Senior Note Exchange Debenture payable in money other than that stated in the Senior NoteExchange Debenture; (5) make any change in Section 6.04 or 6.07 hereof or in this sentence of this Section 9.02 hereof; or (6) waive a default in the payment of the principal of, or premium, if any, or any accrued and unpaid interest on, or redemption or purchase payment with respect to, any Senior Note Exchange Debenture (except a rescission of acceleration of the Senior Notes Exchange Debentures by the Holders of at least a majority in aggregate principal amount of the then outstanding Senior Notes Exchange Debentures and a waiver of the payment default that resulted from such acceleration).

Appears in 1 contract

Samples: Ameriking Inc

Amendments and Supplements Requiring Consent of Holders. Subject to Section 6.07 hereof6.07, the Company and the Trustee may amend or supplement this Indenture or the Senior Notes with the written consent of the Holders of at least a majority in principal amount of the then outstanding Senior Notes (including consents obtained in connection with a tender offer or exchange offer for the Senior Notes). Subject to Sections 6.04 and 6.07 hereof6.07, the Holders of a majority in principal amount of the Senior Notes then outstanding (including consents obtained in connection with a tender offer or exchange offer for the Senior Notes) may also waive any existing Default or Event of Default (other than a payment Default) and its consequences or compliance in a particular instance by the Company with any provision of this Indenture or the Senior Notes. Upon the Company's request and after receipt by the Trustee of a resolution of the Board of Directors authorizing the execution of any supplemental indenture, evidence of the Holders' consent, and the documents described in Section 9.06 hereof9.06, the Trustee shall join with the Company in the execution of such amended or supplemental indenture unless such amended or supplemental indenture affects the Trustee's own rights, duties or immunities under this Indenture or otherwise, in which case the Trustee may in its discretion, but not be obligated to, enter into such amended or supplemental indenture. It shall not be necessary for the consent of the Holders under this Section to approve the particular form of any proposed amendment or waiver, but it shall be sufficient if such consent approves the substance thereof. After an amendment or waiver under this Section becomes effective, the Company shall mail to each Holder affected thereby a notice briefly describing the amendment, supplement or waiver. Any failure of the Company to mail such notice, or any defect therein, shall not, however, in any way impair or affect the validity of any such amended or supplemental indenture or waiver. Without the consent of each Holder affected, an amendment, supplement or waiver under this Section may not (1) reduce the principal amount of Senior Notes whose Holders must consent to an amendment, supplement or waiver; (2) reduce the rate of or change the time for payment of interest, including default interest as set forth in Section 4.01 hereof 4.01, or Liquidated Damages on any Senior Note or alter the redemption or purchase provisions with respect thereto (other than the provisions of Sections 4.13 and 4.14 hereof) or the price at which the Company is required to offer to purchase any Senior Note; (3) reduce the principal of or change the fixed maturity of any Senior Note; (4) make any Senior Note payable in money other than that stated in the Senior Note; (5) make any change in Section 6.04 or 6.07 hereof or in this sentence of this Section 9.02 hereof9.02; or (6) waive a default in the payment of the principal of, or premium, if any, or any accrued and unpaid interest on, or Liquidated Damages, if any, with respect to, or redemption or purchase payment with respect to, any Senior Note (except a rescission of acceleration of the Senior Notes by the Holders of at least a majority in aggregate principal amount of the then outstanding Senior Notes and a waiver of the payment default that resulted from such acceleration).

Appears in 1 contract

Samples: Motors & Gears Inc

Amendments and Supplements Requiring Consent of Holders. Subject to Section 6.07 hereof6.07, the Company and the Trustee may amend or supplement this Indenture or the Senior Notes Securities with the written consent of the Holders of at least a majority in principal amount of the then outstanding Senior Notes Securities (including consents obtained in connection with a tender offer or exchange offer for the Senior NotesSecurities). Subject to Sections 6.04 and 6.07 hereof6.07, the Holders of a majority in principal amount of the Senior Notes Securities then outstanding (including consents obtained in connection with a tender offer or exchange offer for the Senior NotesSecurities) may also waive any existing Default or Event of Default (other than a payment Default) and its consequences or compliance in a particular instance by the Company with any provision of this Indenture or the Senior NotesSecurities. Upon the Company's request and request, after receipt by the Trustee of a resolution of the Board of Directors authorizing the execution of any supplemental indenture, evidence of the Holders' consent, and the documents described in Section 9.06 hereof9.06, the Trustee shall join with the Company in the execution of such amended or supplemental indenture unless such amended or supplemental indenture affects the Trustee's own rights, duties or immunities under this Indenture or otherwise, in which case the Trustee may in its discretion, but shall not be obligated to, enter into such amended or supplemental indenture. It shall not be necessary for the consent of the Holders under this Section to approve the particular form of any proposed amendment or waiver, but it shall be sufficient if such consent approves the substance thereof. After an amendment or waiver under this Section becomes effective, the Company shall mail to each Holder affected thereby a notice briefly describing the amendment, supplement or waiver. Any failure of the Company to mail such notice, or any defect therein, shall not, however, in any way impair or affect the validity of any such amended or supplemental indenture or waiver. Without the consent of each Holder affected, an amendment, supplement or waiver under this Section may not (1) reduce the principal amount of Senior Notes whose Holders must consent to an amendment, supplement or waiver; (2) reduce the rate of or change the time for payment of interest, including default interest as set forth in Section 4.01 hereof or alter the redemption or purchase provisions with respect thereto (other than the provisions of Sections 4.13 and 4.14 hereof) or the price at which the Company is required to offer to purchase any Senior Note; (3) reduce the principal of or change the fixed maturity of any Senior Note; (4) make any Senior Note payable in money other than that stated in the Senior Note; (5) make any change in Section 6.04 or 6.07 hereof or in this sentence of this Section 9.02 hereof; or (6) waive a default in the payment of the principal of, or premium, if any, or any accrued and unpaid interest on, or redemption or purchase payment with respect to, any Senior Note (except a rescission of acceleration of the Senior Notes by the Holders of at least a majority in aggregate principal amount of the then outstanding Senior Notes and a waiver of the payment default that resulted from such acceleration).not

Appears in 1 contract

Samples: Restricted Stock Agreement (Jordan Industries Inc)

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Amendments and Supplements Requiring Consent of Holders. Subject to Section 6.07 hereof6.07, the Company Company, the Parent, the Guarantor Subsidiaries and the Trustee may amend or supplement this Indenture or the Senior Notes with the written consent of the Holders of at least a majority in principal amount of the then outstanding Senior Notes (including consents obtained in connection with a tender offer or exchange offer for the Senior Notes). Subject to Sections 6.04 and 6.07 hereof6.07, the Holders of a majority in principal amount of the Senior Notes then outstanding (including consents obtained in connection with a tender offer or exchange offer for the Senior Notes) may also waive any existing Default or Event of Default (other than a payment Default) and its consequences or compliance in a particular instance by the Company with any provision of this Indenture or the Senior Notes. Upon the Company's request and after receipt by the Trustee of a resolution of the Board of Directors authorizing the execution of any supplemental indenture, evidence of the Holders' consent, and the documents described in Section 9.06 hereof9.06, the Trustee shall join with the Company in the execution of such amended or supplemental indenture unless such amended or supplemental indenture affects the Trustee's own rights, duties or immunities under this Indenture or otherwise, in which case the Trustee may in its discretion, but not be obligated to, enter into such amended or supplemental indenture. It shall not be necessary for the consent of the Holders under this Section to approve the particular form of any proposed amendment or waiver, but it shall be sufficient if such consent approves the substance thereof. After an amendment or waiver under this Section becomes effective, the Company shall mail to each Holder affected thereby a notice briefly describing the amendment, supplement or waiver. Any failure of the Company to mail such notice, or any defect therein, shall not, however, in any way impair or affect the validity of any such amended or supplemental indenture or waiver. Without the consent of each Holder affected, an amendment, supplement or waiver under this Section may not (1) reduce the principal amount of Senior Notes whose Holders must consent to an amendment, supplement or waiver; (2) reduce the rate of or change the time for payment of interest, including default interest as set forth in Section 4.01 hereof 4.01, on any Senior Note or alter the redemption or purchase provisions with respect thereto (other than the provisions of Sections 4.13 and 4.14 hereof) or the price at which the Company is required to offer to purchase any Senior Note; (3) reduce the principal of or change the fixed maturity of any Senior Note; (4) make any Senior Note payable in money other than that stated in the Senior Note; (5) make any change in Section 6.04 or 6.07 hereof or in this sentence of this Section 9.02 hereof9.02; or (6) waive a default in the payment of the principal of, or premium, if any, or any accrued and unpaid interest on, or redemption or purchase payment with respect to, any Senior Note (except a rescission of acceleration of the Senior Notes by the Holders of at least a majority in aggregate principal amount of the then outstanding Senior Notes and a waiver of the payment default that resulted from such acceleration).

Appears in 1 contract

Samples: Indenture (Kinetek Inc)

Amendments and Supplements Requiring Consent of Holders. Subject to Section 6.07 hereof6.07, the Company Holdings and the Trustee may amend or supplement this Indenture or the Senior Notes with the written consent of the Holders of at least a majority in principal amount at maturity of the then outstanding Senior Notes (including consents obtained in connection with a tender offer or exchange offer for the Senior Notes). Subject to Sections 6.04 and 6.07 hereof6.07, the Holders of a majority in principal amount at maturity of the Senior Notes then outstanding (including consents obtained in connection with a tender offer or exchange offer for the Senior Notes) may also waive any existing Default or Event of Default (other than a payment Default) and its consequences or compliance in a particular instance by the Company Holdings with any provision of this Indenture or the Senior Notes. Upon the Company's Holdings' request and after receipt by the Trustee of a resolution of the Board of Directors authorizing the execution of any supplemental indenture, evidence of the Holders' consent, and the documents described in Section 9.06 hereof9.06, the Trustee shall join with the Company Holdings in the execution of such amended or supplemental indenture unless such amended or supplemental indenture affects the Trustee's own rights, duties or immunities under this Indenture or otherwise, in which case the Trustee may in its discretion, but not be obligated to, enter into such amended or supplemental indenture. It shall not be necessary for the consent of the Holders under this Section to approve the particular form of any proposed amendment or waiver, but it shall be sufficient if such consent approves the substance thereof. After an amendment or waiver under this Section becomes effective, the Company Holdings shall mail to each Holder affected thereby a notice briefly describing the amendment, supplement or waiver. Any failure of the Company Holdings to mail such notice, or any defect therein, shall not, however, in any way impair or affect the validity of any such amended or supplemental indenture or waiver. Without the consent of each Holder affected, an amendment, supplement or waiver under this Section may not (1) reduce the principal amount of Senior Notes whose Holders must consent to an amendment, supplement or waiver; (2) reduce the rate of or change the time for payment of interest, including default interest as set forth in Section 4.01 hereof 4.01, or Liquidated Damages on any Note or alter the redemption or purchase provisions with respect thereto (other than the provisions of Sections 4.13 and 4.14 hereof) or the price at which the Company Holdings is required to offer to purchase any Senior Note; (3) reduce the principal of or change the fixed maturity of any Senior Note; (4) make any Senior Note payable in money other than that stated in the Senior Note; (5) make any change in Section 6.04 or 6.07 hereof or in this sentence of this Section 9.02 hereof9.02; or (6) waive a default in the payment of the principal of, or premium, if any, or any accrued and unpaid interest on, or Liquidated Damages, if any, with respect to, or redemption or purchase payment with respect to, any Senior Note (except a rescission of acceleration of the Senior Notes by the Holders of at least a majority in aggregate principal amount of the then outstanding Senior Notes and a waiver of the payment default that resulted from such acceleration).

Appears in 1 contract

Samples: Indenture (Gfsi Holdings Inc)

Amendments and Supplements Requiring Consent of Holders. Subject to Section 6.07 hereof, the Company and the Trustee may amend or supplement this Indenture or the Senior PIK Notes with the written consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Senior PIK Notes (including consents obtained in connection with a tender offer or exchange offer for the Senior PIK Notes). Subject to Sections 6.04 and 6.07 hereof, the Holders of a majority in aggregate principal amount of the Senior PIK Notes then outstanding (including consents obtained in connection with a tender offer or exchange offer for the Senior PIK Notes) may also waive any existing Default or Event of Default (other than a payment Default) and its consequences or compliance in a particular instance by the Company with any provision of this Indenture or the Senior PIK Notes. Upon the Company's request and after receipt by the Trustee of a resolution of the Board of Directors authorizing the execution of any supplemental indenture, evidence of the Holders' consent, and the documents described in Section 9.06 hereof, the Trustee shall join with the Company in the execution of such amended or supplemental indenture unless such amended or supplemental indenture affects the Trustee's own rights, duties or immunities under this Indenture or otherwise, in which case the Trustee may in its discretion, but not be obligated to, enter into such amended or supplemental indenture. It shall not be necessary for the consent of the Holders under this Section to approve the particular form of any proposed amendment or waiver, but it shall be sufficient if such consent approves the substance thereof. After an amendment or waiver under this Section becomes effective, the Company shall mail to each Holder affected thereby a notice briefly describing the amendment, supplement or waiver. Any failure of the Company to mail such notice, or any defect therein, shall not, however, in any way impair or affect the validity of any such amended or supplemental indenture or waiver. Without the consent of each Holder affected, an amendment, supplement or waiver under this Section may not (1) reduce the principal amount of Senior PIK Notes whose Holders must consent to an amendment, supplement or waiver; (2) reduce the rate of or change the time for payment of interest, including default interest as set forth in Section 4.01 hereof hereof, or Liquidated Damages on any Senior PIK Note or alter the redemption or purchase provisions with respect thereto (other than the provisions of Sections 4.13 and 4.14 hereof) or the price at which the Company is required to offer to purchase any Senior PIK Note; (3) reduce the principal of or change the fixed maturity of any Senior PIK Note; (4) make any Senior PIK Note payable in money other than that stated in the Senior PIK Note; (5) make any change in Section 6.04 or 6.07 hereof or in this sentence of this Section 9.02 hereof; or (6) waive a default in the payment of the principal of, or premium, if any, or any accrued and unpaid interest on, or Liquidated Damages, if any, with respect to, or redemption or purchase payment with respect to, any Senior PIK Note (except a rescission of acceleration of the Senior PIK Notes by the Holders of at least a majority in aggregate principal amount of the then outstanding Senior PIK Notes and a waiver of the payment default that resulted from such acceleration).

Appears in 1 contract

Samples: Ameriking Inc

Amendments and Supplements Requiring Consent of Holders. Subject to Section 6.07 hereof, the Company and the Trustee may amend or supplement this Indenture or the Senior Notes with the written consent of the Holders of at least a majority in principal amount of the then outstanding Senior Notes (including consents obtained in connection with a tender offer or exchange offer for the Senior Notes). Subject to Sections 6.04 and 6.07 hereof, the Holders of a majority in aggregate principal amount of the Senior Notes then outstanding (including consents obtained in connection with a tender offer or exchange offer for the Senior Notes) may also waive any existing Default or Event of Default (other than a payment Default) and its consequences or compliance in a particular instance by the Company with any provision of this Indenture or the Senior Notes. Upon the Company's request and after receipt by the Trustee of a resolution of the Board of Directors authorizing the execution of any supplemental indenture, evidence of the Holders' consent, and the documents described in Section 9.06 hereof, the Trustee shall join with the Company in the execution of such amended or supplemental indenture unless such amended or supplemental indenture affects the Trustee's own rights, duties or immunities under this Indenture or otherwise, in which case the Trustee may in its discretion, but not be obligated to, enter into such amended or supplemental indenture. It shall not be necessary for the consent of the Holders under this Section to approve the particular form of any proposed amendment or waiver, but it shall be sufficient if such consent approves the substance thereof. After an amendment or waiver under this Section becomes effective, the Company shall mail to each Holder affected thereby a notice briefly describing the amendment, supplement or waiver. Any failure of the Company to mail such notice, or any defect therein, shall not, however, in any way impair or affect the validity of any such amended or supplemental indenture or waiver. Without the consent of each Holder affected, an amendment, supplement or waiver under this Section may not (1) reduce the principal amount of Senior Notes whose Holders must consent to an amendment, supplement or waiver; (2) reduce the rate of or change the time for payment of interest, including default interest as set forth in Section 4.01 hereof hereof, or Liquidated Damages on any Senior Note or alter the redemption or purchase provisions with respect thereto (other than the provisions of Sections 4.13 and 4.14 hereof) or the price at which the Company is required to offer to purchase any Senior Note; (3) reduce the principal of or change the fixed maturity of any Senior Note; (4) make any Senior Note payable in money other than that stated in the Senior Note; (5) make any change in Section 6.04 or 6.07 hereof or in this sentence of this Section 9.02 hereof; or (6) waive a default in the payment of the principal of, or premium, if any, or any accrued and unpaid interest on, or Liquidated Damages, if any, with respect to, or redemption or purchase payment with respect to, any Senior Note (except a rescission of acceleration of the Senior Notes by the Holders of at least a majority in aggregate principal amount of the then outstanding Senior Notes and a waiver of the payment default that resulted from such acceleration).

Appears in 1 contract

Samples: Ameriking Inc

Amendments and Supplements Requiring Consent of Holders. Subject to Section 6.07 hereof6.07, the Company and the Trustee may amend or supplement this Indenture or the Senior Notes with the written consent of the Holders of at least a majority in principal amount of the then outstanding Senior Notes (including consents obtained in connection with a tender offer or exchange offer for the Senior Notes). Subject to Sections 6.04 and 6.07 hereof6.07, the Holders of a majority in principal amount of the Senior Notes then outstanding (including consents obtained in connection with a tender offer or exchange offer for the Senior Notes) may also waive any existing Default or Event of Default (other than a payment Default) and its consequences or compliance in a particular instance by the Company with any provision of this Indenture or the Senior Notes. Upon the Company's request and after receipt by the Trustee of a resolution of the Board of Directors authorizing the execution of any supplemental indenture, evidence of the Holders' consent, and the documents described in Section 9.06 hereof9.06, the Trustee shall join with the Company in the execution of such amended or supplemental indenture unless such amended or supplemental indenture affects the Trustee's own rights, duties or immunities under this Indenture or otherwise, in which case the Trustee may in its discretion, but not be obligated to, enter into such amended or supplemental indenture. It shall not be necessary for the consent of the Holders under this Section to approve the particular form of any proposed amendment or waiver, but it shall be sufficient if such consent approves the substance thereof. After an amendment or waiver under this Section becomes effective, the Company shall mail to each Holder affected thereby a notice briefly describing the amendment, supplement or waiver. Any failure of the Company to mail such notice, or any defect therein, shall not, however, in any way impair or affect the validity of any such amended or supplemental indenture or waiver. Without the consent of each Holder affected, an amendment, supplement or waiver under this Section may not (1) reduce the principal amount of Senior Notes whose Holders must consent to an amendment, supplement or waiver; (2) reduce the rate of or change the time for payment of interest, including default interest as set forth in Section 4.01 hereof 4.01, or Liquidated Damages on any Note or alter the redemption or purchase provisions with respect thereto (other than the provisions of Sections 4.13 and 4.14 hereof) or the price at which the Company is required to offer to purchase any Senior Note; (3) reduce the principal of or change the fixed maturity of any Senior Note; (4) make any Senior Note payable in money other than that stated in the Senior Note; (5) make any change in Section 6.04 or 6.07 hereof or in this sentence of this Section 9.02 hereof9.02; or (6) waive a default in the payment of the principal of, or premium, if any, or any accrued and unpaid interest on, or Liquidated Damages, if any, with respect to, or redemption or purchase payment with respect to, any Senior Note (except a rescission of acceleration of the Senior Notes by the Holders of at least a majority in aggregate principal amount of the then outstanding Senior Notes and a waiver of the payment default that resulted from such acceleration). Without the consent of the Holders of at least 75% in aggregate principal amount of the Notes then outstanding, no amendment, supplement or waiver under this Section may make any change in the provisions under Article 10 of this Indenture.

Appears in 1 contract

Samples: Indenture (Gfsi Inc)

Amendments and Supplements Requiring Consent of Holders. Subject to Section 6.07 hereofhereof and Section 10.13, the Company Company, the Guarantors and the Trustee may amend or supplement this Indenture or the Senior Notes with the written consent of the Holders holders of at least a majority in principal amount of the Notes then outstanding Senior (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for Notes), and any existing Default or Event of Default (other than a payment Default) or compliance with any provision of the Indenture or the Notes may be waived with the consent of the holders of a majority in principal amount of the then outstanding Notes (including consents obtained in connection with a tender offer or exchange offer for the Senior Notes). Subject to Sections 6.04 and 6.07 hereof, the Holders of a majority in principal amount of the Senior Notes then outstanding (including consents obtained in connection with a tender offer or exchange offer for the Senior Notes) may also waive any existing Default or Event of Default (other than a payment Default) and its consequences or compliance in a particular instance by the Company with any provision of this Indenture or the Senior Notes. Upon the Company's request and after receipt by the Trustee of a resolution of the Board of Directors authorizing the execution of any supplemental indenture, evidence of the Holders' consent, and the documents described in Section 9.06 hereof, the Trustee shall join with the Company and the Guarantors in the execution of such amended or supplemental indenture unless such amended or supplemental indenture affects the Trustee's own rights, duties or immunities under this Indenture or otherwise, in which case the Trustee may in its discretion, but not be obligated to, enter into such amended or supplemental indenture. It shall not be necessary for the consent of the Holders under this Section 9.02 to approve the particular form of any proposed amendment or waiver, but it shall be sufficient if such consent approves the substance thereof. After an amendment or waiver under this Section 9.02 becomes effective, the Company shall mail to each Holder affected thereby a notice briefly describing the amendment, supplement or waiver. Any failure of the Company to mail such notice, or any defect therein, shall not, however, in any way impair or affect the validity of any such amended or supplemental indenture or waiver. Without the consent of each Holder affectedSubject to Sections 6.02, an amendment6.04 and 6.07 hereof, supplement or waiver under this Section may not (1) reduce the principal amount of Senior Notes whose Holders must consent to an amendment, supplement or waiver; (2) reduce the rate of or change the time for payment of interest, including default interest as set forth in Section 4.01 hereof or alter the redemption or purchase provisions with respect thereto (other than the provisions of Sections 4.13 and 4.14 hereof) or the price at which the Company is required to offer to purchase any Senior Note; (3) reduce the principal of or change the fixed maturity of any Senior Note; (4) make any Senior Note payable in money other than that stated in the Senior Note; (5) make any change in Section 6.04 or 6.07 hereof or in this sentence of this Section 9.02 hereof; or (6) waive a default in the payment of the principal of, or premium, if any, or any accrued and unpaid interest on, or redemption or purchase payment with respect to, any Senior Note (except a rescission of acceleration of the Senior Notes by the Holders of at least a majority in aggregate principal amount of the Notes then outstanding Senior may waive compliance in a particular instance by the Company or the Guarantors with any provision of this Indenture, the Notes and a waiver of or the payment default that resulted from such acceleration).Subsidiary Guarantees. However, without the

Appears in 1 contract

Samples: Chancellor Media Corp of Los Angeles

Amendments and Supplements Requiring Consent of Holders. Subject to Section 6.07 hereof, the Company and the Trustee may amend or supplement this Indenture or the Senior Notes with the written consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Senior Notes (including consents obtained in connection with a tender offer or exchange offer for the Senior Notes). Subject to Sections 6.04 and 6.07 hereof, the Holders of a majority in aggregate principal amount of the Senior Notes then outstanding (including consents obtained in connection with a tender offer or exchange offer for the Senior Notes) may also waive any existing Default or Event of Default (other than a payment Default) and its consequences or compliance in a particular instance by the Company with any provision of this Indenture or the Senior Notes. Upon the Company's request and after receipt by the Trustee of a resolution of the Board of Directors authorizing the execution of any supplemental indenture, evidence of the Holders' consent, and the documents described in Section 9.06 hereof, the Trustee shall join with the Company in the execution of such amended or supplemental indenture unless such amended or supplemental indenture affects the Trustee's own rights, duties or immunities under this Indenture or otherwise, in which case the Trustee may in its discretion, but not be obligated to, enter into such amended or supplemental indenture. It shall not be necessary for the consent of the Holders under this Section to approve the particular form of any proposed amendment or waiver, but it shall be sufficient if such consent approves the substance thereof. After an amendment or waiver under this Section becomes effective, the Company shall mail to each Holder affected thereby a notice briefly describing the amendment, supplement or waiver. Any failure of the Company to mail such notice, or any defect therein, shall not, however, in any way impair or affect the validity of any such amended or supplemental indenture or waiver. Without the consent of each Holder affected, an amendment, supplement or waiver under this Section may not (1) reduce the principal amount of Senior Notes whose Holders must consent to an amendment, supplement or waiver; (2) reduce the rate of or change the time for payment of interest, including default interest as set forth in Section 4.01 hereof or alter the redemption or purchase provisions with respect thereto (other than the provisions of Sections 4.13 and 4.14 hereof) or the price at which the Company is required to offer to purchase any Senior Note; (3) reduce the principal of or change the fixed maturity of any Senior Note; (4) make any Senior Note payable in money other than that stated in the Senior Note; (5) make any change in Section 6.04 or 6.07 hereof or in this sentence of this Section 9.02 hereof; or (6) waive a default in the payment of the principal of, or premium, if any, or any accrued and unpaid interest on, or redemption or purchase payment with respect to, any Senior Note (except a rescission of acceleration of the Senior Notes by the Holders of at least a majority in aggregate principal amount of the then outstanding Senior Notes and a waiver of the payment default that resulted from such acceleration).

Appears in 1 contract

Samples: Indenture (Ameriking Inc)

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