Amendments of Indenture. Section 10.01 Powers of Amendment 51 Section 10.02 Consent of Bondholders 51 Section 10.03 Modifications by Unanimous Consent 52 Section 10.04 Mailing 52 Section 10.05 Exclusion of Bonds 52 Section 10.06 Notation on Bonds 52
Amendments of Indenture. 2 Section 2.01. Amendment and Restatement of the Original Indenture......2
Amendments of Indenture. Section 10.1.
Amendments of Indenture. Section 1. Definition of Permanent Additions............................. 3 Section 2. Amendment of Section 11 of Article II of Original Indenture... 4 Section 3. Addition of Section 18 to Article II of Original Indenture..
Amendments of Indenture. Section 1. The definition of "Permanent Additions" contained in Section 4 of Article I of the Indenture is hereby amended to read as follows:
Amendments of Indenture. Subject to the terms and conditions of this Amendment, including without limitation the fulfillment of the condition precedent to the effectiveness of this Amendment set forth in Section 6 hereof, the Indenture shall be amended by:
(a) deleting the first paragraph under the heading "GRANTING CLAUSES" and by substituting, in lieu thereof, the following replacement paragraph: "The Company hereby Grants to the Trustee as of the date hereof, as trustee for the benefit of the Holders, a present and continuing security interest in all of the Company's right, title and interest, subject to the provisions set forth below, whether now owned or hereafter acquired in, to, and under the following types of personal property now owned or hereafter acquired by the Company: (i) all accounts (including without limitation health care insurance receivables); (ii) all supporting obligations; (iii) all letter of credit rights; (iii) all letters of credit; (iv) all chattel paper (including without limitation electronic chattel paper); (v) all
(vi) all equipment; (vii) all fixtures; (viii) all general intangibles (including without limitation payment intangibles); (ix) all deposit accounts; (x) all commodity accounts; (xi) all commodity contracts; (xii) all money; (xiii) all goods; (xiv) all instruments; (xv) all inventory; (xvi) all investment property; and (xvii) to the extent not otherwise included, all proceeds and products of any of the foregoing and all accessions to, substitutions and replacements for, and rents and profits of, each of the foregoing (all of the foregoing referenced to in this paragraph being referred to collectively herein as the "Security")."
(b) deleting the third paragraph under the heading "GRANTING CLAUSES" and by substituting, in lieu thereof, the following replacement paragraph: "The Grant made in the initial paragraph of the Granting Clause is intended to create a security interest in the Security in favor of the Trustee for the benefit of the Holders of the Notes to secure the payment of principal and interest on, and any other amounts owing in respect of, the Notes; and after satisfaction of such obligations, amounts received as a result of such Grant shall be available without restriction to the Company."
Amendments of Indenture. (i) The following definition is hereby added to Section 1.1 of the Indenture:
Amendments of Indenture. 2 Section 2.01. Amendment and Restatement of the Original Indenture..........2 TESTIMONIUM .............................................................3 SIGNATURES .............................................................4 EXHIBIT A - CONSENT OF COMPANY -i- 1998A First Supplemental Indenture FIRST SUPPLEMENTAL TRUST INDENTURE THIS FIRST SUPPLEMENTAL TRUST INDENTURE, dated as of May 1, 2003 (the "First Supplemental Indenture"), amending and restating that certain Trust Indenture, dated as of May 1, 1998 (the "Original Indenture"), by and between the PORT OF XXXXXX, OREGON (the "Issuer"), a duly organized and existing municipal corporation and political subdivision of the State of Oregon and X.X. XXXXXX TRUST COMPANY, NATIONAL ASSOCIATION (as successor to Chase Manhattan Bank and Trust Company, National Association) (the "Trustee"),
Amendments of Indenture. The Indenture permits the Issuer and the Trustee, without the consent of any Bondholder, to enter into supplemental indentures to add further covenants and agreements on the part of the Issuer or the Lessee, to cure ambiguities, technical defects or inconsistent provisions, to subject additional security or property to the lien of the Indenture, to provide for book-entry registration, and to secure or maintain ratings on the Bonds. The Indenture also permits the Issuer and the Trustee, with the consent of the holders of not less than a majority in principal amount of Bonds outstanding (subject to the provisions of the Indenture described below under ABank=s Participation Required for Amendments and Certain Acts of Bondholders”), to amend or modify the Indenture, except that, without the consent of the holders of each Bond affected, the Issuer and the Trustee may not (i) change the due date of principal or interest on any Bond or reduce the principal, premium or interest payable thereon, (ii) reduce the percentage of Bondholders whose consent is required for any waiver or the execution of any supplemental indenture, (iii) permit the creation of any lien on the trust estate prior to, or on a parity with, the Indenture, or (iv) provide for release or cancellation of the Letter of Credit prior to its expiration or termination unless a Substitute Letter of Credit is delivered to the Trustee meeting the requirements of the Indenture.
Amendments of Indenture. Subject to the terms and conditions of this Amendment, the Indenture shall be amended by:
(a) adding on the following definition to Section 1.01 after the definition of "Physical Notes" and before the definition of "plan of liquidation" therein the following: " "Plan" means, collectively, the First Amended Joint Plan of Reorganization Under Chapter 11, Xxxxx 00, Xxxxxx Xxxxxx Code, filed by Vista Eyecare, Inc. and Certain of its Debtor Subsidiaries and the First Amended Joint Plan of Reorganization Under Chapter 11, Xxxxx 00, Xxxxxx Xxxxxx Code, Filed by Frame-N-Lens Optical, Inc.; Midwest Vision, Inc.; New West Eyeworks, Inc., and Certain of Their Debtor Subsidiaries, each as modified by the Modification to First Amended Joint Plan of Reorganization Under Chapter 11, Xxxxx 00, Xxxxxx Xxxxxx Code, filed by Vista Eyecare, Inc. and Certain of its Debtor Subsidiaries and First Amended Joint Plan of Reorganization Under Chapter 11, Xxxxx 00, Xxxxxx Xxxxxx Code, Filed by Frame-N-Lens Optical, Inc.; Midwest Vision, Inc.; New West Eyeworks, Inc., and Certain of Their Debtor Subsidiaries.";
(b) adding on the third line of Section 2.12 after the word "2%" and before the "." therein the following: "; provided, that interest and principal payments paid into an account held by the Trustee for the benefit of Persons entitled to receive distributions of Notes from the Disputed Claims Reserve (as defined in the Plan) shall not be deemed overdue and shall not accrue Default Interest";
(c) deleting Section 3.02 in its entirety, and by substituting, in lieu thereof, the following replacement paragraph:
