Amendments and Supplements to Indenture or Notes With Consent of Holders. Except as specified in Section 10.1 (Amendments and Supplements to Indenture Without Consent of Holders), the Issuer, when authorized by a resolution of the Board of Directors of the Issuer, and the Trustee, together, may amend this Indenture or the Notes with the consent of the Majority Holders for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture or modifying in any manner the rights of the Holders under this Indenture or waiving any past default or non-compliance with any provision, provided, without the consent of the Holders of at least 90% of the aggregate principal amount of then outstanding Notes, an amendment, supplement or waiver may not (with respect to any Notes held by a non-consenting Holder): (a) reduce the rate of or extend the time for payment of interest on any Note; (b) reduce the principal, or extend the Stated Maturity, of any Note; (c) change the Redemption Prices or time of redemption in Article 3 hereof in a manner adverse to the Holder; (d) change the place of payment of principal or interest on any Note; (e) impair the right to institute suit for the enforcement of any payment on or with respect to any Note; (f) waive default in payment of principal of, and interest and premium (if any) on, the Notes; (g) reduce the principal amount of Notes whose Holders must consent to any amendment or waiver; (h) change the terms of the securities into which the Notes may be convertible; or (i) change the subordination provisions of the Notes in any manner adverse to the interests of the Holders thereof.
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Amendments and Supplements to Indenture or Notes With Consent of Holders. Except as specified in Section 10.1 (Amendments and Supplements to Indenture Without Consent of Holders)the Indenture, the Issuer, when authorized by a resolution of the Board of Directors of the Issuer, and the Trustee, together, may amend this the Indenture or the Notes with the consent of the Majority Holders for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this the Indenture or modifying in any manner the rights of the Holders under this the Indenture or waiving any past default or non-compliance with any provision, provided, however, that, without the consent of the Holders of at least 90% of the aggregate principal amount of then outstanding Notes, an amendment, supplement or waiver may not (with respect to any Notes held by a non-consenting Holder):): Note;
(ai) reduce the rate of or extend the time for payment of interest on any Note;any
(bii) reduce the principal, or extend the Stated Maturity, of any Note;
(ciii) change the Redemption Prices or time of redemption in Article 3 hereof of the Indenture in a manner adverse to the Holder;
(div) change the place of payment of principal or interest on any Note;
(ev) impair the right to institute suit for the enforcement of any payment on or with respect to any Note;
(fvi) waive default in payment of principal of, and interest and premium (if any) on, the Notes;
(gvii) reduce the principal amount of Notes whose Holders must consent to any amendment or waiver;
(hviii) change the terms of the securities into which the Notes may be convertible; or
(iix) change the subordination provisions of the Notes in any manner adverse to the interests of the Holders thereof.
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Amendments and Supplements to Indenture or Notes With Consent of Holders. Except as specified in Section 10.1 (Amendments and Supplements to Indenture Without Consent of Holders), the Issuer, when authorized by a resolution of the Board of Directors of the Issuer, and the Trustee, together, may amend this Indenture or the Notes with the consent of the Majority Holders for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture or modifying in any manner manner the rights of the Holders under this Indenture or waiving any past default or non-compliance with any provision, provided, without the consent of the Holders of at least 90% of the aggregate principal amount of then outstanding Notes, an amendment, supplement or waiver may not (with respect to any Notes held by a non-consenting Holder):
(a) reduce the rate of or extend the time for payment of interest on any Note;Note;
(b) reduce the principal, or extend the Stated Maturity, of any Note;
(c) change the Redemption Prices or time of redemption in Article 3 hereof in a manner adverse to the Holder;
(d) change the currency, or place of payment for principal of principal or interest on any Note;
(e) impair the right to institute suit for the enforcement of any payment on or with respect to any Note;
(f) waive default in payment of principal of, and interest and premium (if any) on, the Notes;
(g) reduce the principal amount of Notes whose Holders must consent to any amendment or waiver;
(h) change the terms of the securities into which the Notes may be convertible; or;
(i) change the subordination provisions of the Notes in any manner adverse to to the interests of the Holders thereof; or
(j) make any changes to Section 10.2(a) through Section 10.2(i) herein.
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Samples: Indenture
Amendments and Supplements to Indenture or Notes With Consent of Holders. Except as specified in Section 10.1 (Amendments and Supplements to Indenture Without Consent of Holders), the Issuer, when authorized by a resolution of the Board of Directors of the Issuer, and the Trustee, together, may amend this Indenture or the Notes with the consent of the Majority Holders for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture or modifying in any manner the rights of the Holders under this Indenture or waiving any past default or non-compliance with any provision, provided, without the consent of the Holders of at least 90% of the aggregate principal amount of then outstanding Notes, an amendment, supplement or waiver may not (with respect to any Notes held by a non-consenting Holder):
(a) reduce the rate of or extend the time for payment of interest on any Note;
(b) reduce the principal, or extend the Stated Maturity, of any Note;
(c) change the Redemption Prices or time of redemption in Article 3 hereof in a manner adverse to the Holder;
(d) change the currency, or place of payment for principal of principal or interest on any Note;
(e) impair the right to institute suit for the enforcement of any payment on or with respect to any Note;
(f) waive any default in payment of principal of, and interest and premium (if any) on, the Notes;
(g) reduce the principal amount of Notes whose Holders must consent to any amendment or waiver;
(h) change amend the terms of relating to the securities into circumstances in which the Notes may be convertible; orwritten-down or written up;
(i) change the subordination provisions of the Notes in any manner adverse to the interests of the Holders thereof; or
(j) make any changes to Section 10.2(a) through Section 10.2(i) herein. The Issuer shall mail to Holders of the Notes prior written notice of any amendment proposed to be adopted under this Section 10.2. After an amendment under this Section 10.2 becomes effective, the Issuer shall mail to Holders a notice briefly describing such amendment. The failure to give such notice to all such Holders, or any defect therein, shall not impair or affect the validity of an amendment under this Section 10.2. In executing any amendment, waiver or supplemental indenture to the indenture or the Notes, the Trustee will be entitled to receive an Officers’ Certificate and an opinion of international legal counsel of recognized standing, each stating that such amendment, waiver or supplemental indenture is authorized or permitted by the indenture, that it is not inconsistent with the terms of the indenture, and that it is valid and binding upon the Issuer in accordance with its terms. It shall not be necessary for the consent of the Holders of the Notes under this Section 10.2 to approve the particular form of any proposed amendment, but it shall be sufficient if such consent approves the substance thereof. Any change to the payment schedule of principal or the interest rate, the Stated Maturity and the currency of payment of principal or interest shall also be subject to the prior approval of the TASE, to the extent required under the Applicable Procedures.
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Samples: Indenture
Amendments and Supplements to Indenture or Notes With Consent of Holders. Except as specified in Section 10.1 (Amendments and Supplements to Indenture Without Consent 8.1 of Holders)the Indenture, the Issuer, when authorized by a resolution of the Board of Directors of the Issuer, and the Trustee, together, may amend this the Indenture or the Notes with the consent of the Majority Holders for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this the Indenture or modifying in any manner the rights of the Holders under this the Indenture or waiving any past default or non-compliance with any provision, provided, however, that, without the consent of the Holders of at least 90% of the aggregate principal amount of then outstanding Notes, an amendment, supplement or waiver may not (with respect to any Notes held by a non-consenting Holder):
(ai) reduce the rate of or extend the time for payment of interest on any Note;
(bii) reduce the principal, or extend the Stated Maturity, of any Note;
(ciii) change the Redemption Prices or time of redemption in Article ARTICLE 3 hereof of the Indenture in a manner adverse to the Holder;
(div) change the place of payment of principal or interest on any Note;
(ev) impair the right to institute suit for the enforcement of any payment on or with respect to any Note;
(fvi) waive default in payment of principal of, and interest and premium (if any) on, the Notes;
(gvii) reduce the principal amount of Notes whose Holders must consent to any amendment or waiver;
(h) change the terms of the securities into which the Notes may be convertible; or
(iviii) change modify the subordination provisions of the Notes in any manner adverse Indenture with respect to the interests ranking of the Holders thereofNotes.
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Samples: Indenture
Amendments and Supplements to Indenture or Notes With Consent of Holders. Except as specified in Section 10.1 (Amendments and Supplements to Indenture Without Consent of Holders)the Indenture, the Issuer, when authorized by a resolution of the Board of Directors of the Issuer, and the Trustee, together, may amend this the Indenture or the Notes with the consent of the Majority Holders for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this the Indenture or modifying in any manner the rights of the Holders under this the Indenture or waiving any past default or non-compliance with any provision, provided, however, that, without the consent of the Holders of at least 90% of the aggregate principal amount of then outstanding Notes, an amendment, supplement or waiver may not (with respect to any Notes held by a non-consenting Holder):): Note;
(ai) reduce the rate of or extend the time for payment of interest on any Note;any
(bii) reduce the principal, or extend the Stated Maturity, of any Note;
(ciii) change the Redemption Prices or time of redemption in Article 3 hereof of the Indenture in a manner adverse to the Holder;
(div) change the currency, or place of payment for principal of principal or interest on any Note;
(ev) impair the right to institute suit for the enforcement of any payment on or with respect to any Note;
(fvi) waive any default in payment of principal of, and interest and premium (if any) on, the Notes;
(gvii) reduce the principal amount of Notes whose Holders must consent to any amendment or waiver;
(hviii) change amend the terms of relating to the securities into circumstances in which the Notes may be convertible; orwritten-down or written up;
(iix) change the subordination provisions of the Notes in any manner adverse to the interests of the Holders thereof; or
(x) make any changes to Section 3(b)(i) through Section 3(b)(ix) of this Note.
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Samples: Indenture
Amendments and Supplements to Indenture or Notes With Consent of Holders. Except as specified in Section 10.1 7.1 (Amendments and Supplements to Indenture Without Consent of Holders), the Issuer, when authorized by a resolution of the Board of Directors of the Issuer, and the Trustee, together, may amend this Indenture or the Notes with the consent of the Majority Holders for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture or modifying in any manner the rights of the Holders under this Indenture or waiving any past default Default or non-compliance with any provision, provided, however, that, without the consent of the Holders of at least 90% of the aggregate principal amount of then outstanding Noteseach Holder affected thereby, an amendment, supplement or waiver may not (with respect to any Notes held by a non-consenting Holder):no amendment may:
(a) reduce the rate of or extend the time for payment of interest on any Note;
(b) reduce the principal, or extend the Stated Maturity, of any Note;
(c) change the Redemption Prices redemption prices or time of redemption in Article 3 hereof (other than those set forth under Section 3.2 (Mandatory Redemption) prior to the occurrence of a Change of Control) in a manner adverse to the Holder;
(d) change the currency, or place of payment for principal of principal or interest on any Note;
(e) impair the right to institute suit for the enforcement of any payment on or with respect to any Note;
(f) waive default a Default or Event of Default in payment of principal of, and interest and premium (if any) on, the Notes;
(g) reduce the principal amount of Notes whose Holders must consent to any amendment or waiver;; or
(h) change the terms of the securities into which the Notes may be convertible; or
make any changes to Sections 7.2(a) through (ih) change the subordination provisions herein. The Issuer shall mail to Holders of the Notes in prior written notice of any manner adverse amendment proposed to be adopted under this Section 7.2. After an amendment under this Section 7.2 becomes effective, the interests Issuer shall mail to Holders a notice briefly describing such amendment. The failure to give such notice to all such Holders, or any defect therein, shall not impair or affect the validity of an amendment under this Section 7.2. It shall not be necessary for the consent of the Holders of the Notes under this Section 7.2 to approve the particular form of any proposed amendment, but it shall be sufficient if such consent approves the substance thereof.
Appears in 1 contract
Samples: Indenture
Amendments and Supplements to Indenture or Notes With Consent of Holders. Except as specified in Section 10.1 (Amendments and Supplements to Indenture Without Consent 7.1 of Holders)the Indenture, the Issuer, when authorized by a resolution of the Board of Directors of the Issuer, and the Trustee, together, may amend this Indenture or the Notes with the consent of the Majority Holders for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture or modifying in any manner the rights of the Holders under this Indenture or waiving any past default Default or non-compliance with any provision, provided, however, that, without the consent of the Holders of at least 90% of the aggregate principal amount of then outstanding Noteseach Holder affected thereby, an amendment, supplement or waiver may not (with respect to any Notes held by a non-consenting Holder):no amendment may:
(ai) reduce the rate of or extend the time for payment of interest on any Note;any
(bii) reduce the principal, or extend the Stated Maturity, of any Note;
(ciii) change the Redemption Prices redemption prices or time of redemption in Article 3 hereof of the Indenture (other than those set forth under Section 3.2 (Mandatory Redemption) prior to the occurrence of a Change of Control) in a manner adverse to the Holderholder;
(div) change the currency, or place of payment for principal of principal or interest on any Note;
(ev) impair the right to institute suit for the enforcement of any payment on or with respect to any Note;
(fvi) waive default a Default or Event of Default in payment of principal of, and interest and premium (if any) on, the Notes;
(gvii) reduce the principal amount of Notes whose Holders must consent to any amendment or waiver;
(h) change the terms of the securities into which the Notes may be convertible; or
(viii) make any changes to clauses (i) change the subordination provisions of the Notes in any manner adverse to the interests of the Holders thereofthrough (viii) herein.
Appears in 1 contract
Samples: Indenture
Amendments and Supplements to Indenture or Notes With Consent of Holders. Except as specified in Section 10.1 (Amendments and Supplements to Indenture Without Consent of Holders)the Indenture, the Issuer, when authorized by a resolution of the Board of Directors of the Issuer, and the Trustee, together, may amend this the Indenture or the Notes with the consent of the Majority Holders for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this the Indenture or modifying in any manner the rights of the Holders under this the Indenture or waiving any past default or non-compliance with any provision, provided, however, that, without the consent of the Holders of at least 90% of the aggregate principal amount of then outstanding Notes, an amendment, supplement or waiver may not (with respect to any Notes held by a non-consenting Holder):): Note;
(ai) reduce the rate of or extend the time for payment of interest on any Note;any
(bii) reduce the principal, or extend the Stated Maturity, of any Note;
(ciii) change the Redemption Prices or time of redemption in Article 3 hereof of the Indenture in a manner adverse to the Holder;
(div) change the currency, or place of payment for principal of principal or interest on any Note;
(ev) impair the right to institute suit for the enforcement of any payment on or with respect to any Note;
(fvi) waive default in payment of principal of, and interest and premium (if any) on, the Notes;
(gvii) reduce the principal amount of Notes whose Holders must consent to any amendment or waiver;
(hviii) change the terms of the securities into which the Notes may be convertible; or;
(iix) change the subordination provisions of the Notes in any manner manner adverse to the interests of the Holders thereof; or
(x) make any changes to Section 13.21(b)(i) through Section 13.21(b)(ix) of the Indenture.
Appears in 1 contract
Samples: Indenture