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

Amendments and Supplements to Indenture Without Consent of Holders. This Indenture may be amended or supplemented by the Issuer and the Trustee at any time and from time to time without the consent of the Holders by a Supplemental Indenture authorized by a resolution of the Board of Directors or similar governing body of the Issuer filed with, and in form satisfactory to, the Trustee, solely for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to comply with Section 7.2 (Negative Covenants – Limitation on Consolidation, Merger or Transfer of Assets); (c) to add guarantees or collateral with respect to the Notes; (d) to add to the covenants of the Issuer for the benefit of the Holders; (e) to surrender any right herein conferred upon the Issuer; (f) to evidence and provide for the acceptance of an appointment by a successor Xxxxxxx; (g) to provide for the issuance of Additional Notes; (h) to conform the provisions of this Indenture to the “Description of the Notes” section of the Offering Memorandum of the Issuer, dated January 11, 2023; or (i) to make any other change that does not materially and adversely affect the rights of any Holder. The Issuer shall provide a written direction certifying compliance with the applicable Indenture provisions for any such amendment or supplement.

Appears in 2 contracts

Samples: Indenture, Indenture

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Amendments and Supplements to Indenture Without Consent of Holders. This The Indenture may be amended or supplemented by the Issuer and the Trustee at any time and from time to time without the consent of the Holders by a Supplemental Indenture authorized by a resolution of the Board of Directors or similar governing body of the Issuer filed with, and in form satisfactory to, the Trustee, solely for one or more of the following purposes: (ai) to cure any ambiguity, omission, defect or inconsistency; (bii) to comply with Section 7.2 (Negative Covenants – Limitation on Consolidation, Merger or Transfer of Assets)) of the Indenture; (ciii) to add guarantees or collateral with respect to the Notes; (div) to add to the covenants of the Issuer for the benefit of the Holders; (ev) to surrender any right herein conferred upon the Issuer; (fvi) to evidence and provide for the acceptance of an appointment by a successor Xxxxxxx; (gvii) to provide for the issuance of Additional Notes; (hviii) to conform the provisions of this the Indenture to the “Description of the Notes” section of the Offering Memorandum of the Issuer, dated January 11, 2023; or (iix) to make any other change that does not materially and adversely affect the rights of any Holder. The Issuer shall provide a written direction certifying compliance with the applicable Indenture provisions for any such amendment or supplement.

Appears in 2 contracts

Samples: Indenture, Indenture

Amendments and Supplements to Indenture Without Consent of Holders. This Indenture may be amended or supplemented by the Issuer and the Trustee at any time and from time to time without the consent of the Holders by a Supplemental Indenture authorized by a resolution of the Board of Directors or similar governing body of the Issuer filed with, and in form satisfactory to, the Trustee, solely for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to comply with Section 7.2 (Negative Covenants – Limitation on Consolidation, Merger or Transfer of Assets); (c) to add guarantees or collateral with respect to the Notes; (d) to add to the covenants of the Issuer for the benefit of the Holders; (e) to surrender any right herein conferred upon the Issuer; (f) to evidence and provide for the acceptance of an appointment by a successor XxxxxxxTrustee; (g) to provide for the issuance of Additional Notes; (h) to conform the provisions of this Indenture to the “Description of the Notes” section of the Offering Memorandum of the Issuer, dated January 11March 24, 20232021; or (i) to make any other change that does not materially and adversely affect the rights of any HolderHolder (as determined by the Issuer acting in good faith). The Issuer shall provide a written direction certifying compliance with the applicable Indenture provisions for any such amendment or supplement.

Appears in 1 contract

Samples: Indenture

Amendments and Supplements to Indenture Without Consent of Holders. This The Indenture may be amended or supplemented by the Issuer and the Trustee at any time and from time to time without the consent of the Holders by a Supplemental Indenture authorized by a resolution of the Board of Directors or similar governing body of the Issuer filed with, and in form satisfactory to, the Trustee, solely for one or more of the following purposes: (ai) to cure any ambiguity, omission, defect or inconsistency; (bii) to comply with Section 7.2 5.2 (Negative Covenants – Limitation on Consolidation, Merger or Transfer of Assets)) of the Indenture; (ciii) to add guarantees or collateral with respect to the Notes; (div) to add to the covenants of the Issuer for the benefit of the Holders; (ev) to surrender any right herein conferred upon the Issuer; (fvi) to evidence and provide for the acceptance of an appointment by a successor XxxxxxxTrustee; (gvii) to provide for the issuance of Additional Notes; (hviii) to conform the provisions of this the Indenture to the “Description of the Notes” section of the Offering Memorandum of the Issuer, dated January 11July 20, 20232022; or (iix) to make any other change that does not materially and adversely affect the rights of any Holder. The Issuer shall provide a written direction certifying compliance with the applicable Indenture provisions for any such amendment or supplement.

Appears in 1 contract

Samples: Indenture

Amendments and Supplements to Indenture Without Consent of Holders. This The Indenture may be amended or supplemented by the Issuer and the Trustee at any time and from time to time without the consent of the Holders by a Supplemental Indenture authorized by a resolution of the Board of Directors or similar governing body of the Issuer filed with, and in form satisfactory to, the Trustee, solely for one or more of the following purposes: (ai) to cure any ambiguity, omission, defect or inconsistency; (bii) to comply with Section 7.2 (Negative Covenants – Limitation on Consolidation, Merger or Transfer of Assets)) of the Indenture; (ciii) to add guarantees or collateral with respect to the Notes; (div) to add to the covenants of the Issuer for the benefit of the Holders; (ev) to surrender any right herein conferred upon the Issuer; (fvi) to evidence and provide for the acceptance of an appointment by a successor XxxxxxxTrustee; (gvii) to provide for the issuance of Additional Notes; (hviii) to conform the provisions of this the Indenture to the “Description of the Notes” section of the Offering Memorandum of the Issuer, dated January 11March 24, 20232021; or (iix) to make any other change that does not materially and adversely affect the rights of any Holder. The Holder (as determined by the Issuer shall provide a written direction certifying compliance with the applicable Indenture provisions for any such amendment or supplementacting in good faith).

Appears in 1 contract

Samples: Indenture

Amendments and Supplements to Indenture Without Consent of Holders. This Indenture may be amended or supplemented by the Issuer and the Trustee at any time and from time to time without the consent of the Holders by a Supplemental Indenture authorized by a resolution of the Board of Directors or similar governing body of the Issuer filed with, and in form satisfactory to, the Trustee, solely for one or more of the following purposes:purposes:‌ (a) to cure any ambiguity, omission, defect or inconsistency; (b) to comply with Section 7.2 (Negative Covenants – Limitation on Consolidation, Merger or Transfer of Assets); (c) to add guarantees or collateral with respect to the Notes; (d) to add to the covenants of the Issuer for the benefit of the Holders; (e) to surrender any right herein conferred upon the Issuer; (f) to evidence and provide for the acceptance of an appointment by a successor Xxxxxxx; (g) to provide for the issuance of Additional Notes; (h) to conform the provisions of this Indenture to the “Description of the Notes” section of the Offering Memorandum of the Issuer, dated January 11October 14, 20232021; or (i) to make any other change that does not materially and adversely affect the rights of any Holder. The Issuer shall provide a written direction certifying compliance with the applicable Indenture provisions for any such amendment or supplement. For the avoidance of doubt, a change to the interest rate on the Reset Date as set forth in this Indenture will not be considered as an amendment and will not require any approval from the Trustee and/or the holders of the Notes.

Appears in 1 contract

Samples: Indenture

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Amendments and Supplements to Indenture Without Consent of Holders. This Indenture may be amended or supplemented by the Issuer and the Trustee at any time and from time to time without the consent of the Holders by a Supplemental Indenture authorized by a resolution of the Board of Directors or similar governing body of the Issuer filed with, and in form satisfactory to, the Trustee, solely for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to comply with Section 7.2 4.2(c) (Negative Covenants – Limitation on Consolidation, Merger or Transfer of Assets); (c) to add guarantees or collateral with respect to the Notes; (d) to add to the covenants of the Issuer for the benefit of the Holders; (e) to surrender any right herein conferred upon the Issuer; (f) to evidence and provide for the acceptance of an appointment by a successor XxxxxxxTrustee; (g) to provide for the issuance of Additional Notes; (h) to conform the provisions of this Indenture to the “Description of the Notes” section of the Offering Memorandum of the Issuer, dated January 11May 23, 20232018, as evidenced in an Officers’ Certificate delivered to the Trustee; or (i) to make any other change that does not materially and adversely affect the rights of any Holder. The Issuer shall provide a written direction certifying compliance with the applicable Indenture provisions for any such amendment or supplement.

Appears in 1 contract

Samples: Indenture

Amendments and Supplements to Indenture Without Consent of Holders. This The Indenture may be amended or supplemented by the Issuer and the Trustee at any time and from time to time without the consent of the Holders by a Supplemental Indenture authorized by a resolution of the Board of Directors or similar governing body of the Issuer filed with, and in form satisfactory to, the Trustee, solely for one or more of the following purposes: (ai) to cure any ambiguity, omission, defect or inconsistency; (bii) to comply with Section 7.2 (Negative Covenants – Limitation on Consolidation, Merger or Transfer of Assets)) of the Indenture; (ciii) to add guarantees or collateral with respect to the Notes; (div) to add to the covenants of the Issuer for the benefit of the Holders; (ev) to surrender any right herein conferred upon the Issuer; (fvi) to evidence and provide for the acceptance of an appointment by a successor XxxxxxxTrusxxx; (gvii) to provide for the issuance of Additional Notes; (hviii) to conform the provisions of this Indenture to the “Description of the Notes” section of the Offering Memorandum of the Issuer, dated January 11October 14, 20232021; or (iix) to make any other change that does not materially and adversely affect the rights of any Holder. The Issuer shall provide a written direction certifying compliance with the applicable Indenture provisions for any such amendment or supplement.

Appears in 1 contract

Samples: Indenture

Amendments and Supplements to Indenture Without Consent of Holders. This The Indenture may be amended or supplemented by the Issuer and the Trustee at any time and from time to time without the consent of the Holders by a Supplemental Indenture authorized by a resolution of the Board of Directors or similar governing body of the Issuer filed with, and in form satisfactory to, the Trustee, solely for one or more of the following purposes: (ai) to cure any ambiguity, omission, defect or inconsistency; (bii) to comply with Section 7.2 4.2(c) (Negative Covenants – Limitation on Consolidation, Merger or Transfer of Assets); (ciii) to add guarantees or collateral with respect to the Notes; (div) to add to the covenants of the Issuer for the benefit of the Holders; (ev) to surrender any right herein conferred upon the Issuer; (fvi) to evidence and provide for the acceptance of an appointment by a successor XxxxxxxTrustee; (gvii) to provide for the issuance of Additional Notes; (hviii) to conform the provisions of this Indenture to the “Description of the Notes” section of the Offering Memorandum of the Issuer, dated January 11May 23, 20232018; or (iix) to make any other change that does not materially and adversely affect the rights of any Holder. The Issuer shall provide a written direction certifying compliance with the applicable Indenture provisions for any such amendment or supplement.

Appears in 1 contract

Samples: Indenture

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