Common use of Amendments or Supplemental Indentures with Consent of Holders Clause in Contracts

Amendments or Supplemental Indentures with Consent of Holders. With the written consent of the Holders of not less than a majority in aggregate principal amount of the Securities at the time Outstanding, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may amend or supplement this Indenture or the Securities. However, without the consent of each Holder affected, an amendment to this Indenture or the Securities may not: (1) change the Stated Maturity of the principal of or any installment of interest with respect to the Securities; (2) reduce the principal amount of, or the rate of interest on, the Securities; (3) change the currency of payment of principal of or interest on the Securities; (4) impair the right to institute suit for the enforcement of any payment on or with respect to the Securities; (5) reduce the above-stated percentage of Holders of the Securities of any series necessary to modify or amend this Indenture; (6) modify the foregoing requirements or reduce the percentage of Outstanding Securities necessary to waive any covenant or past default; and (7) if the Securities are convertible, adversely affect the right to convert the Securities into Ordinary Shares in accordance with the provisions of this Indenture. It shall not be necessary for any Act of the Holders under this Section 902 to approve the particular form of any proposed amendment or supplemental indenture, but it shall be sufficient if such Act approves the substance thereof. After an amendment or supplemental indenture under this Section 902 becomes effective, the Company shall mail to each Holder a notice briefly describing the amendment or supplemental indenture. An amendment or supplemental indenture which changes or eliminates any covenant or other provision of this Indenture which has expressly been included solely for the benefit of one or more particular series of Securities, or which modifies the rights of the Holders of Securities of such series with respect to such covenant or other provision, shall be deemed not to affect the rights under this Indenture of the Holders of Securities of any other series.

Appears in 2 contracts

Samples: Indenture (Xl Capital LTD), Indenture (Xl Capital LTD)

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Amendments or Supplemental Indentures with Consent of Holders. With the written consent of the Holders of not less than a majority in aggregate principal amount of the Securities at the time Outstanding, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may amend or supplement this Indenture or the Securities. However, without the consent of each Holder affected, an amendment to this Indenture or the Securities may not: (1) change the Stated Maturity of the principal of or any installment of interest with respect to the Securities; (2) reduce the principal amount of, or the rate of interest on, the Securities; (3) change the currency of payment of principal of or interest on the Securities; (4) impair the right to institute suit for the enforcement of any payment on or with respect to the Securities; (5) reduce the above-stated percentage of Holders of the Securities of any series necessary to modify or amend this Indenture; (6) modify the foregoing requirements or reduce the percentage of Outstanding Securities necessary to waive any covenant or past default; and (7) if the Securities are convertible, adversely affect the right to convert the Securities into Ordinary Common Shares in accordance with the provisions of this Indenture. It shall not be necessary for any Act of the Holders under this Section 902 to approve the particular form of any proposed amendment or supplemental indenture, but it shall be sufficient if such Act approves the substance thereof. After an amendment or supplemental indenture under this Section 902 becomes effective, the Company shall mail to each Holder a notice briefly describing the amendment or supplemental indenture. An amendment or supplemental indenture which changes or eliminates any covenant or other provision of this Indenture which has expressly been included solely for the benefit of one or more particular series of Securities, or which modifies the rights of the Holders of Securities of such series with respect to such covenant or other provision, shall be deemed not to affect the rights under this Indenture of the Holders of Securities of any other series.

Appears in 2 contracts

Samples: Indenture (Arch Capital Group LTD), Indenture (Arch Capital Group LTD)

Amendments or Supplemental Indentures with Consent of Holders. With the written consent of the Holders of not less than a majority in aggregate principal amount of the Securities at the time OutstandingOutstanding of all series affected by such amendment or supplement (taken together as one class), the CompanyCompany and the Guarantor, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may amend or supplement this Indenture or the Securities. However, without the consent of each Holder affected, an amendment of or a supplement to this Indenture or the Securities may not: (1) change the Stated Maturity of the principal of of, or premium, if any, or any installment of interest with respect to the Securities; (2) reduce the principal amount of, or the rate of interest on, or any premium payable upon the redemption of, the Securities; (3) change the currency of payment of principal of or interest on the Securities; (4) change the redemption provisions, if any, of any Securities in any manner adverse to the Holders of such Securities; (5) impair the right to institute suit for the enforcement of any payment on or with respect to the Securities; (56) reduce the above-stated percentage of Holders of the Securities of any series necessary to modify or amend this Indenture; (67) if the Securities are convertible or exchangeable, adversely affect the right to convert or exchange the Securities in accordance with the provisions of this Indenture; (8) release the Guarantor from any of its obligations under the Guarantee, except in accordance with the terms of this Indenture; (9) modify or change any provision of this Indenture or the related definitions affecting the ranking of the Securities or the Guarantee in any manner which adversely affects the Holders; or (10) modify the foregoing requirements or reduce the percentage of Outstanding Securities necessary to waive any covenant or past default; and (7) if the Securities are convertible, adversely affect the right to convert the Securities into Ordinary Shares in accordance with the provisions of this Indenture. It shall not be necessary for any Act of the Holders under this Section 902 9.02 to approve the particular form of any proposed amendment or supplemental indenture, but it shall be sufficient if such Act approves the substance thereof. After an amendment or supplemental indenture under this Section 902 9.02 becomes effective, the Company shall mail to each Holder a notice briefly describing the amendment or supplemental indenture. An amendment or supplemental indenture which changes or eliminates any covenant or other provision of this Indenture which has expressly been included solely for the benefit of one or more particular series of Securities, or which modifies the rights of the Holders of Securities of such series with respect to such covenant or other provision, shall be deemed not to affect the rights under this Indenture of the Holders of Securities of any other series.

Appears in 2 contracts

Samples: Indenture (Xl Group PLC), Indenture (XL Group Ltd.)

Amendments or Supplemental Indentures with Consent of Holders. With the written consent of the Holders of not less than a majority in aggregate principal amount of the Securities at the time OutstandingOutstanding of all series affected by such amendment or supplement (taken together as one class), the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may amend or supplement this Indenture or the Securities. However, without the consent of each Holder affected, an amendment to this Indenture or the Securities may not: (1) change the Stated Maturity of the principal of of, or any premium on, or any installment of interest with respect to the Securities; (2) reduce the principal amount of, or the rate of interest on, or any premium payable upon the redemption of, the Securities; (3) change the currency of payment of principal of or interest on the Securities; (4) change the redemption provisions, if any, of any Securities in any manner adverse to the holders of such Securities; (5) impair the right to institute suit for the enforcement of any payment on or with respect to the Securities; (56) modify the subordination provisions hereof in any manner which adversely affects the Holders; (7) reduce the above-stated percentage of Holders of the Securities of any series necessary to modify or amend this Indenture; (6) 8) modify the foregoing requirements or reduce the percentage of Outstanding Securities necessary to waive any covenant or past default; and (79) if the Securities are convertible, adversely affect the right to convert the Securities into Ordinary Shares in accordance with the provisions of this Indenture. It shall not be necessary for any Act of the Holders under this Section 902 9.02 to approve the particular form of any proposed amendment or supplemental indenture, but it shall be sufficient if such Act approves the substance thereof. After an amendment or supplemental indenture under this Section 902 9.02 becomes effective, the Company shall mail to each Holder a notice briefly describing the amendment or supplemental indenture. An amendment or supplemental indenture which changes or eliminates any covenant or other provision of this Indenture which has expressly been included solely for the benefit of one or more particular series of Securities, or which modifies the rights of the Holders of Securities of such series with respect to such covenant or other provision, shall be deemed not to affect the rights under this Indenture of the Holders of Securities of any other series.

Appears in 2 contracts

Samples: Indenture (Xl Group PLC), Indenture (Xl Capital LTD)

Amendments or Supplemental Indentures with Consent of Holders. With the written consent of the Holders of not less than a majority in aggregate principal amount of the Securities at the time OutstandingOutstanding of all series affected by such amendment or supplement (taken together as one class), the CompanyCompany and the Guarantor, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may amend or supplement this Indenture or the Securities. However, without the consent of each Holder affected, an amendment of or a supplement to this Indenture or the Securities may not: (1) change the Stated Maturity of the principal of of, or premium, if any, or any installment of interest with respect to the Securities; (2) reduce the principal amount of, or the rate of interest on, or any premium payable upon the redemption of, the Securities; (3) change the currency of payment of principal of or interest on the Securities; (4) change the redemption provisions, if any, of any Securities in any manner adverse to the Holders of such Securities; (5) impair the right to institute suit for the enforcement of any payment on or with respect to the Securities; (56) reduce the above-stated percentage of Holders of the Securities of any series necessary to modify or amend this Indenture; (67) if the Securities are convertible or exchangeable, adversely affect the right to convert or exchange the Securities in accordance with the provisions of this Indenture; (8) release the Guarantor from any of its obligations under the Guarantee, except in accordance with the terms of this Indenture; (9) modify or change the subordination provisions hereof in any manner which adversely affects the Holders; or (10) modify the foregoing requirements or reduce the percentage of Outstanding Securities necessary to waive any covenant or past default; and (7) if the Securities are convertible, adversely affect the right to convert the Securities into Ordinary Shares in accordance with the provisions of this Indenture. It shall not be necessary for any Act of the Holders under this Section 902 9.02 to approve the particular form of any proposed amendment or supplemental indenture, but it shall be sufficient if such Act approves the substance thereof. After an amendment or supplemental indenture under this Section 902 9.02 becomes effective, the Company shall mail to each Holder a notice briefly describing the amendment or supplemental indenture. An amendment or supplemental indenture which changes or eliminates any covenant or other provision of this Indenture which has expressly been included solely for the benefit of one or more particular series of Securities, or which modifies the rights of the Holders of Securities of such series with respect to such covenant or other provision, shall be deemed not to affect the rights under this Indenture of the Holders of Securities of any other series.

Appears in 2 contracts

Samples: Indenture (Xl Group PLC), Indenture (XL Group Ltd.)

Amendments or Supplemental Indentures with Consent of Holders. With the written consent of the Holders of not less than a majority in aggregate principal amount of the Securities of such series affected by such amendment or supplement at the time Outstanding, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may amend or supplement this Indenture or the such series of Securities. However, without the consent of each Holder affected, an amendment to this Indenture or the Securities may not: (1) change the Stated Maturity of the principal of of, or any premium on, or any installment of interest with respect to the Securities; (2) reduce the principal amount of, or the rate (or modify the calculation of such principal amount or rate) of interest on, on the SecuritiesSecurities or any premium payable upon the redemption thereof or otherwise change the redemption provisions thereof; (3) change the currency of payment of principal of or interest on the Securities; (4) impair the right to institute suit for the enforcement of any payment on or with respect to the Securities; (5) reduce the above-stated percentage of Holders of the Securities of any series necessary to modify or amend this Indenture;; and (6) modify the foregoing requirements or reduce the percentage of Outstanding Securities necessary to waive any covenant or past default; and (7) if the Securities are convertible, adversely affect the right to convert the Securities into Ordinary Shares in accordance with the provisions of this Indenture. It shall not be necessary for any Act of the Holders under this Section 902 to approve the particular form of any proposed amendment or supplemental indenture, but it shall be sufficient if such Act approves the substance thereof. After an amendment or supplemental indenture under this Section 902 becomes effective, the Company shall mail to each Holder a notice briefly describing the amendment or supplemental indenture. An amendment or supplemental indenture which changes or eliminates any covenant or other provision of this Indenture which has expressly been included solely for the benefit of one or more particular series of Securities, or which modifies the rights of the Holders of Securities of such series with respect to such covenant or other provision, shall be deemed not to affect the rights under this Indenture of the Holders of Securities of any other series.

Appears in 1 contract

Samples: Indenture (Arch Capital Group LTD)

Amendments or Supplemental Indentures with Consent of Holders. With the written consent of the Holders of not less than a majority in aggregate principal amount of the Securities at the time OutstandingOutstanding of all series affected by such amendment or supplement (taken together as one class), the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may amend or supplement this Indenture or the Securities. However, without the consent of each Holder affected, an amendment to this Indenture or the Securities may not: (1) change the Stated Maturity of the principal of of, or premium, if any, or any installment of interest with respect to the Securities; (2) reduce the principal amount of, or the rate of interest on, or any premium payable upon the redemption of, the Securities; (3) change the currency of payment of principal of or interest on the Securities; (4) change the redemption provisions, if any, of any Securities in any manner adverse to the holders of such Securities; (5) impair the right to institute suit for the enforcement of any payment on or with respect to the Securities; (56) reduce the above-stated percentage of Holders of the Securities of any series necessary to modify or amend this Indenture; (6) modify the foregoing requirements or reduce the percentage of Outstanding Securities necessary to waive any covenant or past default; and (7) if the Securities are convertible, adversely affect the right to convert the Securities into Ordinary Shares in accordance with the provisions of this Indenture; (8) modify or change any provision of this Indenture or the related definitions affecting the ranking of the Securities in any manner which adversely affects the Holders; and (9) modify the foregoing requirements or reduce the percentage of Outstanding Securities necessary to waive any covenant or past default. It shall not be necessary for any Act of the Holders under this Section 902 9.02 to approve the particular form of any proposed amendment or supplemental indenture, but it shall be sufficient if such Act approves the substance thereof. After an amendment or supplemental indenture under this Section 902 9.02 becomes effective, the Company shall mail to each Holder a notice briefly describing the amendment or supplemental indenture. An amendment or supplemental indenture which changes or eliminates any covenant or other provision of this Indenture which has expressly been included solely for the benefit of one or more particular series of Securities, or which modifies the rights of the Holders of Securities of such series with respect to such covenant or other provision, shall be deemed not to affect the rights under this Indenture of the Holders of Securities of any other series.

Appears in 1 contract

Samples: Indenture (Xl Capital LTD)

Amendments or Supplemental Indentures with Consent of Holders. With the written consent of the Holders of not less than a majority in aggregate principal amount of the Securities of such series affected by such modification, amendment or supplement at the time Outstanding, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may modify, amend or supplement this Indenture or the such series of Securities. However, without the consent of each Holder affectedof the Securities of such series affected by such modification, amendment or supplement, an amendment to this Indenture or the Securities may not: (1) change the Stated Maturity of the principal of of, or any premium on, or any installment of interest with respect to the SecuritiesSecurities of such series; (2) reduce the principal amount of, or the rate of interest on, the SecuritiesSecurities of such series; (3) change the currency of payment of principal of or interest on the SecuritiesSecurities of such series; (4) impair the right to institute suit for the enforcement of any payment on or with respect to the SecuritiesSecurities of such series; (5) reduce the above-stated percentage of Holders of the Securities of any series necessary to modify or amend this Indenture; (6) modify the foregoing requirements or reduce the percentage of Outstanding Securities of such series necessary to waive any covenant or past default; andor (7) if the Securities of such series are convertible, adversely affect the right to convert the Securities into Ordinary Shares of such series in accordance with the provisions of this Indenture. It shall not be necessary for any Act of the Holders under this Section 902 9.02 to approve the particular form of any proposed amendment or supplemental indenture, but it shall be sufficient if such Act approves the substance thereof. After an amendment or supplemental indenture under this Section 902 9.02 becomes effective, the Company shall mail mail, or request that the Trustee mail, to each Holder a notice briefly describing the amendment or supplemental indenture. An amendment or supplemental indenture which changes or eliminates any covenant or other provision of this Indenture which has expressly been included solely for the benefit of one or more particular series of Securities, or which modifies the rights of the Holders of Securities of such series with respect to such covenant or other provision, shall be deemed not to affect the rights under this Indenture of the Holders of Securities of any other series.

Appears in 1 contract

Samples: Indenture (Financial Security Assurance Holdings LTD)

Amendments or Supplemental Indentures with Consent of Holders. With the written consent of the Holders of not less than a majority in aggregate principal amount of the Securities at the time OutstandingOutstanding of all series affected by such amendment or supplement (taken together as one class), the Company, when authorized by a Board Resolution, Issuers and the Trustee, at any time and from time to time, may amend or supplement this Indenture or the Securities. However, without the consent of each Holder affected, an amendment of or a supplement to this Indenture or the Securities may not: (1) change the Stated Maturity of the principal of of, or premium, if any, or any installment of interest with respect to the Securities; (2) reduce the principal amount of, or the rate of interest on, or any premium payable upon the redemption of, the Securities; (3) change the currency of payment of principal of or interest on the Securities; (4) change the redemption provisions, if any, of any Securities in any manner adverse to the Holders of such Securities; (5) impair the right to institute suit for the enforcement of any payment on or with respect to the Securities; (56) reduce the above-stated percentage of Holders of the Securities of any series necessary to modify or amend this Indenture; (67) if the Securities are convertible or exchangeable, adversely affect the right to convert or exchange the Securities in accordance with the provisions of this Indenture; (8) in the case of Subordinated Securities of any series, modify any of the Subordination Provisions or the definition of “Senior Indebtedness” relating to such series in a manner adverse to the holders of such Subordinated Securities; or (9) modify the foregoing requirements or reduce the percentage of Outstanding Securities necessary to waive any covenant or past default; and (7) if the Securities are convertible, adversely affect the right to convert the Securities into Ordinary Shares in accordance with the provisions of this Indenture. It shall not be necessary for any Act of the Holders under this Section 902 9.02 to approve the particular form of any proposed amendment or supplemental indenture, but it shall be sufficient if such Act approves the substance thereof. After an amendment or supplemental indenture under this Section 902 9.02 becomes effective, the Company Issuers shall mail to each Holder a notice briefly describing the amendment or supplemental indenture. An amendment or supplemental indenture which changes or eliminates any covenant or other provision of this Indenture which has expressly been included solely for the benefit of one or more particular series of Securities, or which modifies the rights of the Holders of Securities of such series with respect to such covenant or other provision, shall be deemed not to affect the rights under this Indenture of the Holders of Securities of any other series.

Appears in 1 contract

Samples: Indenture (Global Indemnity Group, Inc.)

Amendments or Supplemental Indentures with Consent of Holders. With the written consent of the Holders of not less than a majority in aggregate principal amount of the Securities at the time OutstandingOutstanding of all series affected by such amendment or supplement (taken together as one class), the CompanyCompany and the Guarantor, when authorized by a Board ResolutionResolutions, and the Trustee, at any time and from time to time, may amend or supplement this Indenture or the Securities. However, without the consent of each Holder affected, an amendment to this Indenture or the Securities may not: (1) change the Stated Maturity of the principal of of, or any premium on or any installment of interest with respect to the Securities; (2) reduce the principal amount of, or the rate (or modify the calculation of such principal amount or rate) of interest on, or any Additional Amounts with respect to, or any premium payable upon the redemption of, the Securities; (3) change the currency of payment of principal of or interest on the Securities; (4) change the redemption provisions, if any, of any Securities in any manner adverse to the holders of such Securities; (5) impair the right to institute suit for the enforcement of any payment on or with respect to the Securities; (56) reduce the above-stated percentage of Holders of the Securities of any series necessary to modify or amend this Indenture; (6) modify the foregoing requirements or reduce the percentage of Outstanding Securities necessary to waive any covenant or past default; and (7) if the Securities are convertible, adversely affect the right to convert the Securities into Ordinary Shares in accordance with the provisions of this Indenture; (8) release the Guarantor from any of its obligations under its Guarantee or this Indenture otherwise than in accordance with the terms of this Indenture; (9) modify or change any provision of this Indenture or the related definitions affecting the ranking of the Securities or the Guarantee in a manner which adversely affects the Holders; (10) change the obligation to pay Additional Amounts with respect to any Security; or (11) modify the foregoing requirements or reduce the percentage of Outstanding Securities necessary to waive any covenant or past default. It shall not be necessary for any Act of the Holders under this Section 902 9.02 to approve the particular form of any proposed amendment or supplemental indenture, but it shall be sufficient if such Act approves the substance thereof. After an amendment or supplemental indenture under this Section 902 9.02 becomes effective, the Company and the Guarantor shall mail to each Holder a notice briefly describing the amendment or supplemental indenture. An amendment or supplemental indenture which changes or eliminates any covenant or other provision of this Indenture which has expressly been included solely for the benefit of one or more particular series of Securities, or which modifies the rights of the Holders of Securities of such series with respect to such covenant or other provision, shall be deemed not to affect the rights under this Indenture of the Holders of Securities of any other series.

Appears in 1 contract

Samples: Indenture (Xl Capital LTD)

Amendments or Supplemental Indentures with Consent of Holders. With the written consent of the Holders of not less than a majority in aggregate principal amount of the Securities at the time Outstanding, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may amend or supplement this Indenture or the Securities. However, without the consent of each Holder affected, an amendment to this Indenture or the Securities may not: (1) change the Stated Maturity of the principal of or any installment of interest with respect to the Securities; (2) reduce the principal amount of, or the rate of interest on, the Securities; (3) change the currency of payment of principal of or interest on the Securities; (4) impair the right to institute suit for the enforcement of any payment on or with respect to the Securities; (5) reduce the above-stated percentage of Holders of the Securities of any series necessary to modify or amend this Indenture; (6) modify the foregoing requirements or reduce the percentage of Outstanding Securities necessary to waive any covenant or past default; and; (7) if the Securities are convertible, adversely affect the right to convert the Securities into Ordinary Shares Class A Common Stock or Preferred Stock in accordance with the provisions of this Indenture; or (8) change the provisions of Article Ten hereof in any manner adverse to the holders of Outstanding Securities. It shall not be necessary for any Act of the Holders under this Section 902 802 to approve the particular form of any proposed amendment or supplemental indenture, but it shall be sufficient if such Act approves the substance thereof. After an amendment or supplemental indenture under this Section 902 802 becomes effective, the Company shall mail to each Holder a notice briefly describing the amendment or supplemental indenture. An amendment or supplemental indenture which changes or eliminates any covenant or other provision of this Indenture which has expressly been included solely for the benefit of one or more particular series of Securities, or which modifies the rights of the Holders of Securities of such series with respect to such covenant or other provision, shall be deemed not to affect the rights under this Indenture of the Holders of Securities of any other series.

Appears in 1 contract

Samples: Indenture (Delphi Financial Group Inc/De)

Amendments or Supplemental Indentures with Consent of Holders. With the written consent of the Holders of not less than a majority in aggregate principal amount of the Securities of such series affected by such amendment or supplement at the time Outstanding, the CompanyCompany and the Guarantor, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may amend or supplement this Indenture or the such series of Securities. However, without the consent of each Holder affected, an amendment to this Indenture or the Securities may not:not (with respect to any Securities held by a non-consenting Holder): (1) change the Stated Maturity of the principal of of, or any premium on, or any installment of interest with respect to the Securities;; or (2) reduce the principal amount of, or the rate (or modify the calculation of such principal amount or rate) of interest on, the Securities;Securities or any premium payable upon the redemption thereof or otherwise change the redemption provisions thereof; or (3) change the currency of payment of principal of or interest on the Securities;; or (4) impair the right to institute suit for the enforcement of any payment on or with respect to the Securities;; or (5) reduce the above-stated percentage of Holders of the Securities of any series necessary to modify or amend this Indenture;; or (6) if the Securities are convertible, adversely affect the right of the Holders to convert Securities other than as provided in or under this Indenture; or (7) release the Guarantor from any of its obligations under its Guarantee or this Indenture otherwise than in accordance with the terms of this Indenture; or (8) modify the foregoing requirements or reduce the percentage of Outstanding Securities necessary to waive any covenant or past default; and (7) if the Securities are convertible, adversely affect the right to convert the Securities into Ordinary Shares in accordance with the provisions of this Indenture. It shall not be necessary for any Act of the Holders under this Section 902 to approve the particular form of any proposed amendment or supplemental indenture, but it shall be sufficient if such Act approves the substance thereof. After an amendment or supplemental indenture under this Section 902 becomes effective, the Company and the Guarantor shall mail to each Holder a notice briefly describing the amendment or supplemental indenture. An amendment or supplemental indenture which changes or eliminates any covenant or other provision of this Indenture which has expressly been included solely for the benefit of one or more particular series of Securities, or which modifies the rights of the Holders of Securities of such series with respect to such covenant or other provision, shall be deemed not to affect the rights under this Indenture of the Holders of Securities of any other series.

Appears in 1 contract

Samples: Indenture (Arch Capital Group Ltd.)

Amendments or Supplemental Indentures with Consent of Holders. With the written consent of the Holders of not less than a majority in aggregate principal amount of the Securities of such series affected by such amendment or supplement at the time Outstanding, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may amend or supplement this Indenture or the such series of Securities. However, without the consent of each Holder affected, an amendment to this Indenture or the Securities may not: (1) change the Stated Maturity of the principal of of, or any premium on, any installment of interest or any Additional Amounts with respect to the Securities; (2) reduce the principal amount of, or the rate (or modify the calculation of such principal amount or rate) of interest on, on the SecuritiesSecurities or any premium payable upon the redemption thereof or otherwise change the redemption provisions thereof; (3) change the currency of payment of principal of of, interest or interest any Additional Amounts on the Securities; (4) impair the right to institute suit for the enforcement of any payment on or with respect to the Securities; (5) reduce the above-stated percentage of Holders of the Securities of any series necessary to modify or amend this Indenture;; and (6) modify the foregoing requirements or reduce the percentage of Outstanding Securities necessary to waive any covenant or past default; and (7) if the Securities are convertible, adversely affect the right to convert the Securities into Ordinary Shares in accordance with the provisions of this Indenture. It shall not be necessary for any Act of the Holders under this Section 902 to approve the particular form of any proposed amendment or supplemental indenture, but it shall be sufficient if such Act approves the substance thereof. After an amendment or supplemental indenture under this Section 902 becomes effective, the Company shall mail to each Holder a notice briefly describing the amendment or supplemental indenture. An amendment or supplemental indenture which changes or eliminates any covenant or other provision of this Indenture which has expressly been included solely for the benefit of one or more particular series of Securities, or which modifies the rights of the Holders of Securities of such series with respect to such covenant or other provision, shall be deemed not to affect the rights under this Indenture of the Holders of Securities of any other series.

Appears in 1 contract

Samples: Indenture (Allied World Assurance Co Holdings LTD)

Amendments or Supplemental Indentures with Consent of Holders. With the written consent of the Holders of not less than a majority in aggregate principal amount of the Securities at the time OutstandingOutstanding of all series affected by such amendment or supplement (taken together as one class), the CompanyCompany and the Guarantor, when authorized by a Board ResolutionResolutions, and the Trustee, at any time and from time to time, may amend or supplement this Indenture or the Securities. However, without the consent of each Holder affected, an amendment to this Indenture or the Securities may not: (1) change the Stated Maturity of the principal of of, or any premium on or any installment of interest with respect to the Securities; (2) reduce the principal amount of, or the rate (or modify the calculation of such principal amount or rate) of interest on, or any Additional Amounts with respect to, or any premium payable upon the redemption of, the Securities; (3) change the currency of payment of principal of or interest on the Securities; (4) change the redemption provisions, if any, of any Securities in any manner adverse to the holders of such Securities; (5) impair the right to institute suit for the enforcement of any payment on or with respect to the Securities; (56) reduce the above-stated percentage of Holders of the Securities of any series necessary to modify or amend this Indenture; (6) modify the foregoing requirements or reduce the percentage of Outstanding Securities necessary to waive any covenant or past default; and (7) if the Securities are convertible, adversely affect the right to convert the Securities into Ordinary Shares in accordance with the provisions of this Indenture; (8) release the Guarantor from any of its obligations under its Guarantee or this Indenture otherwise than in accordance with the terms of this Indenture; (9) modify or change any provision of this Indenture or the related definitions affecting the ranking of the Securities or the Guarantee in a manner which adversely affects the Holders; (10) change the obligation to pay Additional Amounts with respect to any Security; or (11) modify the foregoing requirements or reduce the percentage of Outstanding Securities necessary to waive any covenant or past default. It shall not be necessary for any Act of the Holders under this Section 902 to approve the particular form of any proposed amendment or supplemental indenture, but it shall be sufficient if such Act approves the substance thereof. After an amendment or supplemental indenture under this Section 902 becomes effective, the Company and the Guarantor shall mail to each Holder a notice briefly describing the amendment or supplemental indenture. An amendment or supplemental indenture which changes or eliminates any covenant or other provision of this Indenture which has expressly been included solely for the benefit of one or more particular series of Securities, or which modifies the rights of the Holders of Securities of such series with respect to such covenant or other provision, shall be deemed not to affect the rights under this Indenture of the Holders of Securities of any other series.

Appears in 1 contract

Samples: Indenture (Xl Capital LTD)

Amendments or Supplemental Indentures with Consent of Holders. With the written consent of the Holders of not less than a majority in aggregate principal amount of the Securities of such series affected by such amendment or supplement at the time Outstanding, the CompanyCompany and the Guarantor, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may amend or supplement this Indenture or the such series of Securities. However, without the consent of each Holder affected, an amendment to this Indenture or the Securities may not: (1) change the Stated Maturity of the principal of of, or any premium on, or any installment of interest with respect to the Securities;; or (2) reduce the principal amount of, or the rate (or modify the calculation of such principal amount or rate) of interest on, the Securities;Securities or any premium payable upon the redemption thereof or otherwise change the redemption provisions thereof; or (3) change the currency of payment of principal of or interest on the Securities;; or (4) impair the right to institute suit for the enforcement of any payment on or with respect to the Securities;; or (5) reduce the above-stated percentage of Holders of the Securities of any series necessary to modify or amend this Indenture;; or (6) if the Securities are convertible, adversely affect the right of the Holders to convert Securities other than as provided in or under this Indenture; or (7) release the Guarantor from any of its obligations under its Guarantee or this Indenture otherwise than in accordance with the terms of this Indenture; or (8) modify the foregoing requirements or reduce the percentage of Outstanding Securities necessary to waive any covenant or past default; and (7) if the Securities are convertible, adversely affect the right to convert the Securities into Ordinary Shares in accordance with the provisions of this Indenture. It shall not be necessary for any Act of the Holders under this Section 902 9.02 to approve the particular form of any proposed amendment or supplemental indenture, but it shall be sufficient if such Act approves the substance thereof. After an amendment or supplemental indenture under this Section 902 9.02 becomes effective, the Company and the Guarantor shall mail to each Holder a notice briefly describing the amendment or supplemental indenture. An amendment or supplemental indenture which changes or eliminates any covenant or other provision of this Indenture which has expressly been included solely for the benefit of one or more particular series of Securities, or which modifies the rights of the Holders of Securities of such series with respect to such covenant or other provision, shall be deemed not to affect the rights under this Indenture of the Holders of Securities of any other series.

Appears in 1 contract

Samples: Indenture (Arch Capital Group Ltd.)

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Amendments or Supplemental Indentures with Consent of Holders. With the written consent of the Holders of not less than a majority in aggregate principal amount of the Securities of such series affected by such amendment or supplement at the time Outstanding, the CompanyCompany and the Guarantor, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may amend or supplement this Indenture or the such series of Securities. However, without the consent of each Holder affected, an amendment to this Indenture or the Securities may not:not (with respect to any Securities held by a non-consenting Holder): (1) change the Stated Maturity of the principal of of, or any premium on, or any installment of interest with respect to the Securities;; or (2) reduce the principal amount of, or the rate (or modify the calculation of such principal amount or rate) of interest on, the Securities;Securities or any premium payable upon the redemption thereof or otherwise change the redemption provisions thereof; or (3) change the currency of payment of principal of or interest on the Securities;; or (4) impair the right to institute suit for the enforcement of any payment on or with respect to the Securities;; or (5) reduce the above-stated percentage of Holders of the Securities of any series necessary to modify or amend this Indenture;; or (6) if the Securities are convertible, adversely affect the right of the Holders to convert Securities other than as provided in or under this Indenture; or (7) release the Guarantor from any of its obligations under its Guarantee or this Indenture otherwise than in accordance with the terms of this Indenture; or (8) modify the foregoing requirements or reduce the percentage of Outstanding Securities necessary to waive any covenant or past default; and (7) if the Securities are convertible, adversely affect the right to convert the Securities into Ordinary Shares in accordance with the provisions of this Indenture. It shall not be necessary for any Act of the Holders under this Section 902 9.02 to approve the particular form of any proposed amendment or supplemental indenture, but it shall be sufficient if such Act approves the substance thereof. After an amendment or supplemental indenture under this Section 902 9.02 becomes effective, the Company and the Guarantor shall mail to each Holder a notice briefly describing the amendment or supplemental indenture. An amendment or supplemental indenture which changes or eliminates any covenant or other provision of this Indenture which has expressly been included solely for the benefit of one or more particular series of Securities, or which modifies the rights of the Holders of Securities of such series with respect to such covenant or other provision, shall be deemed not to affect the rights under this Indenture of the Holders of Securities of any other series.

Appears in 1 contract

Samples: Indenture (Arch Capital Group (U.S.) Inc.)

Amendments or Supplemental Indentures with Consent of Holders. With the written consent of the Holders of not less than a majority in aggregate principal amount of the Securities of such series affected by such amendment or supplement at the time Outstanding, the CompanyCompany and the Guarantor, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may amend or supplement this Indenture or the such series of Securities. However, without the consent of each Holder affected, an amendment to this Indenture or the Securities may not:not (with respect to any Securities held by a non-consenting Holder): (1) change the Stated Maturity of the principal of of, or any premium on, or any installment of interest with respect to the Securities;; or (2) reduce the principal amount of, or the rate (or modify the calculation of such principal amount or rate) of interest on, the Securities;Securities or any premium payable upon the redemption thereof; or (3) change the currency of payment of principal of or interest on the Securities;; or (4) impair the right to institute suit for the enforcement of any payment on or with respect to the Securities;; or (5) reduce the above-stated percentage of Holders of the Securities of any series necessary to modify or amend this Indenture;; or (6) if the Securities are convertible, adversely affect the right of the Holders to convert Securities other than as provided in or under this Indenture; or (7) modify the foregoing requirements or reduce the percentage of Outstanding Securities necessary to waive any covenant or past default; and (7) if the Securities are convertible, adversely affect the right to convert the Securities into Ordinary Shares in accordance with the provisions of this Indenture. It shall not be necessary for any Act of the Holders under this Section 902 9.02 to approve the particular form of any proposed amendment or supplemental indenture, but it shall be sufficient if such Act approves the substance thereof. After an amendment or supplemental indenture under this Section 902 9.02 becomes effective, the Company and the Guarantor shall mail deliver to each Holder a notice briefly describing the amendment or supplemental indenture. An amendment or supplemental indenture which changes or eliminates any covenant or other provision of this Indenture which has expressly been included solely for the benefit of one or more particular series of Securities, or which modifies the rights of the Holders of Securities of such series with respect to such covenant or other provision, shall be deemed not to affect the rights under this Indenture of the Holders of Securities of any other series.

Appears in 1 contract

Samples: Indenture (Arch Capital Group Ltd.)

Amendments or Supplemental Indentures with Consent of Holders. With the written consent (evidenced as provided in Article 8) of the Holders of not less than at least a majority in of the aggregate principal amount of the Securities at the time OutstandingNotes then outstanding (determined in accordance with Article 8 and including, without limitation, consents obtained in connection with a purchase of, or tender or exchange offer for, Notes), the Company, when authorized by a the resolutions of the Board Resolutionof Directors, and the Trustee, at any time and the Company’s expense, may from time to time, may time and at any time amend or supplement this Indenture or enter into an indenture or indentures supplemental hereto for the Securities. Howeverpurpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture or any supplemental indenture or of modifying in any manner the rights of the Holders; provided, however, that, without the consent of each Holder of an outstanding Note affected, an no such amendment to this Indenture or the Securities may notsupplemental indenture shall: (1a) change the Stated Maturity Date of the principal of or any installment of interest with respect to on the SecuritiesNotes; (2b) reduce the principal amount of, of or interest on the rate Notes (c) reduce the amount of interest on, principal payable upon acceleration of the Securitiesmaturity of the Notes; (3d) change the currency of payment of principal of or interest on the SecuritiesNotes or change any Note’s place of payment; (4e) impair the right of any Holder to receive payment of principal of and interest on such Xxxxxx’s Notes on or after the due dates therefor or to institute suit for the enforcement of any payment on on, or with respect to to, the SecuritiesNotes; (5f) reduce modify the above-stated percentage provisions of Holders of Article 15 in a manner adverse to the Securities of any series necessary to modify or amend this IndentureHolders; (6g) modify change the foregoing requirements or reduce ranking of the percentage of Outstanding Securities necessary to waive any covenant or past default; andNotes; (7h) if the Securities are convertible, adversely affect the right of Holders to convert Notes (including the Securities into Ordinary Shares determination of amounts owed upon settlement), or reduce the Conversion Rate; or (i) make any change in accordance this Article 10 that requires each Holder’s consent or in the waiver provisions in Section 6.02 or Section 6.09, except to increase the percentage required for modification, amendment or waiver or to provide for consent of each affected Holder of Notes. Upon the written request of the Company, and upon the filing with the provisions Trustee of evidence of the consent of Holders as aforesaid and subject to Section 10.05, the Trustee shall join with the Company in the execution of such amendment or supplemental indenture unless such amendment or supplemental indenture affects the Trustee’s own rights, duties or immunities under this Indenture. It Indenture or otherwise, in which case the Trustee may in its discretion, but shall not be necessary for any Act of the obligated to, enter into such amendment or supplemental indenture. Holders do not need under this Section 902 10.02 to approve the particular form of any proposed amendment or supplemental indenture, but it . It shall be sufficient if such Act approves Holders approve the substance thereof. After an any such amendment or supplemental indenture under this Section 902 becomes effective, the Company shall mail to each Holder the Holders a notice briefly describing such amendment or supplemental indenture. However, the failure to give such notice to all the Holders, or any defect in the notice, will not impair or affect the validity of the amendment or supplemental indenture. An amendment or supplemental indenture which changes or eliminates any covenant or other provision of this Indenture which has expressly been included solely for the benefit of one or more particular series of Securities, or which modifies the rights of the Holders of Securities of such series with respect to such covenant or other provision, shall be deemed not to affect the rights under this Indenture of the Holders of Securities of any other series.

Appears in 1 contract

Samples: Indenture (Synergy Pharmaceuticals, Inc.)

Amendments or Supplemental Indentures with Consent of Holders. With the written consent (evidenced as provided in Article 8) of the Holders of not less than at least a majority in of the aggregate principal amount of the Securities at the time OutstandingNotes then outstanding (determined in accordance with Article 8 and including, without limitation, consents obtained in connection with a repurchase of, or tender or exchange offer for, Notes), the Company, when authorized by a Board Resolution, Company may from time to time and the Trustee, at any time and from time enter into an indenture or indentures supplemental hereto for the purpose of adding any provisions to timeor changing in any manner or eliminating any of the provisions of this Indenture, may amend the Notes or supplement this Indenture any supplemental indenture or of modifying in any manner the Securities. Howeverrights of the Holders; provided, however, that, without the consent of each Holder of an outstanding Note affected, an amendment to this Indenture or the Securities may notno such supplemental indenture shall: (1) change the Stated Maturity of the principal of or any installment of interest with respect to the Securities; (2a) reduce the principal amount of, or of Notes whose Holders must consent to an amendment; (b) reduce the rate of or extend the stated time for payment of interest on, the Securitieson any Note; (3c) reduce the principal of or extend the Maturity Date of any Note; (d) make any change that adversely affects the conversion rights of any Notes, except as required by this Indenture; (e) reduce the Redemption Price, the Specified Repurchase Date Repurchase Price on the Specified Repurchase Date or the Fundamental Change Repurchase Price of any Note or amend or modify in any manner adverse to the Holders the Company’s obligation to make such payments, whether through an amendment or waiver of provisions in the covenants, definitions or otherwise; (f) make any Note payable in money other than U.S. dollars; (g) change the currency ranking of payment of principal of or interest on the SecuritiesNotes; (4h) impair the right of any Holder to receive payment of principal and interest on such Hoxxxx’s Notes on or after the due dates therefor or to institute suit for the enforcement of any payment on or with respect to the Securitiessuch Holder’s Notes; (5i) reduce change the above-stated percentage Company’s obligation to pay Additional Amounts on any Note; or (j) make any change in this Article 10 or in the waiver provisions in Section 6.02 or Section 6.09, in each case, that requires each Holder’s consent. Upon the written request of the Company, and upon the filing with the Trustee of evidence of the consent of Holders of as aforesaid and subject to Section 10.05, the Securities of any series necessary to modify or amend this Indenture; (6) modify the foregoing requirements or reduce the percentage of Outstanding Securities necessary to waive any covenant or past default; and (7) if the Securities are convertible, adversely affect the right to convert the Securities into Ordinary Shares in accordance Trustee shall join with the provisions Company in the execution of such supplemental indenture unless such supplemental indenture affects the Trustee’s own rights, duties or immunities under this Indenture. It Indenture or otherwise, in which case the Trustee may in its discretion, but shall not be necessary for any Act of the obligated to, enter into such supplemental indenture. Holders do not need under this Section 902 10.02 to approve the particular form of any proposed amendment or supplemental indenture, but it . It shall be sufficient if such Act approves Holders approve the substance thereofof the proposed supplemental indenture. After an amendment or any such supplemental indenture under this Section 902 becomes effective, the Company shall mail deliver to each Holder the Holders (with a copy to the Trustee) a notice briefly describing the amendment or such supplemental indenture. An amendment or supplemental indenture which changes or eliminates any covenant or other provision of this Indenture which has expressly been included solely for However, the benefit of one or more particular series of Securitiesfailure to give such notice to all the Holders, or which modifies any defect in the rights notice, will not impair or affect the validity of the Holders of Securities of such series with respect to such covenant or other provision, shall be deemed not to affect the rights under this Indenture of the Holders of Securities of any other seriessupplemental indenture.

Appears in 1 contract

Samples: Indenture (Bitdeer Technologies Group)

Amendments or Supplemental Indentures with Consent of Holders. With the written consent of the Holders of not less than a majority in aggregate principal amount of the Securities of such series affected by such amendment or supplement at the time Outstanding, the CompanyCompany and the Guarantor, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may amend or supplement this Indenture or the such series of Securities. However, without the consent of each Holder affected, an amendment to this Indenture or the Securities may not:not (with respect to any Securities held by a non-consenting Holder): (1) change the Stated Maturity of the principal of of, or any premium on, or any installment of interest with respect to the Securities;; or (2) reduce the principal amount of, or the rate (or modify the calculation of such principal amount or rate) of interest on, the Securities;Securities or any premium payable upon the redemption thereof or otherwise change the redemption provisions thereof; or (3) change the currency of payment of principal of or interest on the Securities;; or (4) impair the right to institute suit for the enforcement of any payment on or with respect to the Securities;; or (5) reduce the above-stated percentage of Holders of the Securities of any series necessary to modify or amend this Indenture;; or (6) if the Securities are convertible, adversely affect the right of the Holders to convert Securities other than as provided in or under this Indenture; or (7) release the Guarantor from any of its obligations under its Guarantee or this Indenture otherwise than in accordance with the terms of this Indenture; or (8) modify or make any change to Article Fourteen or Article Fifteen of this Indenture (or the related definitions) that adversely affects the rights of the Holders; or (9) modify the foregoing requirements or reduce the percentage of Outstanding Securities necessary to waive any covenant or past default; and (7) if the Securities are convertible, adversely affect the right to convert the Securities into Ordinary Shares in accordance with the provisions of this Indenture. It shall not be necessary for any Act of the Holders under this Section 902 to approve the particular form of any proposed amendment or supplemental indenture, but it shall be sufficient if such Act approves the substance thereof. After an amendment or supplemental indenture under this Section 902 becomes effective, the Company and the Guarantor shall mail to each Holder a notice briefly describing the amendment or supplemental indenture. An amendment or supplemental indenture which changes or eliminates any covenant or other provision of this Indenture which has expressly been included solely for the benefit of one or more particular series of Securities, or which modifies the rights of the Holders of Securities of such series with respect to such covenant or other provision, shall be deemed not to affect the rights under this Indenture of the Holders of Securities of any other series.

Appears in 1 contract

Samples: Indenture (Arch Capital Group Ltd.)

Amendments or Supplemental Indentures with Consent of Holders. With the written consent (evidenced as provided in Article 8 of the Base Indenture) of the Holders of not less than at least a majority in of the aggregate principal amount of the Securities at Notes then outstanding (determined in accordance with Article 8 of the time OutstandingBase Indenture and including, without limitation, consents obtained in connection with a repurchase of, or tender or exchange offer for, Notes), the Company, when authorized by a Board Resolution, Company may from time to time and the Trustee, at any time and from time enter into an indenture or indentures supplemental hereto for the purpose of adding any provisions to time, may amend or supplement this changing in any manner or eliminating any of the provisions of the Indenture or any supplemental indenture or of modifying in any manner the Securities. Howeverrights of the Holders; provided, however, that, without the consent of each Holder of an outstanding Note affected, an amendment to this Indenture or the Securities may notno such supplemental indenture shall: (1) change the Stated Maturity of the principal of or any installment of interest with respect to the Securities; (2a) reduce the principal amount of, or of Notes whose Holders must consent to an amendment; (b) reduce the rate of or extend the stated time for payment of interest on, the Securitieson any Note; (3c) reduce the principal of or extend the Maturity Date of any Note; (d) make any change that adversely affects the conversion rights of any Notes, except as required by the Indenture; (e) reduce the Redemption Price or the Fundamental Change Repurchase Price of any Note or amend or modify in any manner adverse to the Holders the Company’s obligation to make such payments, whether through an amendment or waiver of provisions in the covenants, definitions or otherwise; (f) make any Note payable in money other than U.S. dollars; (g) change the currency ranking of payment of principal of or interest on the SecuritiesNotes; (4h) impair the right of any Holder to receive payment of principal and interest on such Xxxxxx’s Notes on or after the due dates therefor or to institute suit for the enforcement of any payment on or with respect to the Securitiessuch Holder’s Notes; (5i) reduce change the above-stated percentage Company’s obligation to pay Additional Amounts on any Note; or (j) make any change in this Article 8 or in the waiver provisions in Section 5.03 or Section 5.10, in each case, that requires each Holder’s consent. Upon the written request of the Company, and upon the filing with the Trustee of evidence of the consent of Holders of as aforesaid and subject to Section 8.06, the Securities of any series necessary to modify or amend this Indenture; (6) modify the foregoing requirements or reduce the percentage of Outstanding Securities necessary to waive any covenant or past default; and (7) if the Securities are convertible, adversely affect the right to convert the Securities into Ordinary Shares in accordance Trustee shall join with the provisions Company in the execution of this Indenture. It such supplemental indenture unless such supplemental indenture affects the Trustee’s own rights, duties or immunities under the Indenture or otherwise, in which case the Trustee may in its discretion, but shall not be necessary for any Act of the obligated to, enter into such supplemental indenture. Holders do not need under this Section 902 8.03 to approve the particular form of any proposed amendment or supplemental indenture, but it . It shall be sufficient if such Act approves Holders approve the substance thereofof the proposed supplemental indenture. After an amendment or any such supplemental indenture under this Section 902 becomes effective, the Company shall mail deliver to each Holder the Holders (with a copy to the Trustee) a notice briefly describing the amendment or such supplemental indenture. An amendment or supplemental indenture which changes or eliminates any covenant or other provision of this Indenture which has expressly been included solely for However, the benefit of one or more particular series of Securitiesfailure to give such notice to all the Holders, or which modifies any defect in the rights notice, will not impair or affect the validity of the Holders of Securities of such series with respect to such covenant or other provision, shall be deemed not to affect the rights under this Indenture of the Holders of Securities of any other seriessupplemental indenture.

Appears in 1 contract

Samples: First Supplemental Indenture (Bitdeer Technologies Group)

Amendments or Supplemental Indentures with Consent of Holders. With the written consent of the Holders of not less than a majority in aggregate principal amount of the Securities at the time Outstanding, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may amend or supplement this Indenture or the Securities. However, without the consent of each Holder affected, an amendment to this Indenture or the Securities may not: (1) change the Stated Maturity of the principal of or any installment of interest with respect to the Securities; (2) reduce the principal amount of, or the rate of interest on, the Securities; (3) change the currency of payment of principal of or interest on the Securities; (4) impair the right to institute suit for the enforcement of any payment on or with respect to the Securities; (5) reduce the above-stated percentage of Holders of the Securities of any series necessary to modify or amend this Indenture; (6) modify the foregoing requirements or reduce the percentage of Outstanding Securities necessary to waive any covenant or past default; and; (7) if the Securities are convertible, materially adversely affect the right to convert the Securities into Ordinary Shares Class A Common Stock or Preferred Stock in accordance with the provisions of this Indenture; or (8) modify the provisions of Article Ten hereof in any manner materially adverse to the holders of Outstanding Securities. It shall not be necessary for any Act of the Holders under this Section 902 802 to approve the particular form of any proposed amendment or supplemental indenture, but it shall be sufficient if such Act approves the substance thereof. After an amendment or supplemental indenture under this Section 902 802 becomes effective, the Company shall mail to each Holder a notice briefly describing the amendment or supplemental indenture. An amendment or supplemental indenture which changes or eliminates any covenant or other provision of this Indenture which has expressly been included solely for the benefit of one or more particular series of Securities, or which modifies the rights of the Holders of Securities of such series with respect to such covenant or other provision, shall be deemed not to affect the rights under this Indenture of the Holders of Securities of any other series.

Appears in 1 contract

Samples: Indenture (Delphi Financial Group Inc/De)

Amendments or Supplemental Indentures with Consent of Holders. With the written consent of the Holders of not less than a majority in aggregate principal amount of the Securities at the time OutstandingOutstanding of all series affected by such amendment or supplement (taken together as one class), the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may amend or supplement this Indenture or the Securities. However, without the consent of each Holder affected, an amendment to this Indenture or the Securities may not: (1) change the Stated Maturity of the principal of of, or premium, if any, or any installment of interest with respect to the Securities; (2) reduce the principal amount of, or the rate of interest on, or any premium payable upon the redemption of, the Securities; (3) change the currency of payment of principal of or interest on the Securities; (4) change the redemption provisions, if any, of any Securities in any manner adverse to the holders of such Securities; (5) impair the right to institute suit for the enforcement of any payment on or with respect to the Securities; (56) reduce the above-stated percentage of Holders of the Securities of any series necessary to modify or amend this Indenture; (67) if the Securities are convertible, adversely affect the right to convert the Securities into Common Shares in accordance with the provisions of this Indenture; (8) modify or change any provision of this Indenture or the related definitions affecting the ranking of the Securities in any manner which adversely affects the Holders; and (9) modify the foregoing requirements or reduce the percentage of Outstanding Securities necessary to waive any covenant or past default; and (7) if the Securities are convertible, adversely affect the right to convert the Securities into Ordinary Shares in accordance with the provisions of this Indenture. It shall not be necessary for any Act of the Holders under this Section 902 9.02 to approve the particular form of any proposed amendment or supplemental indenture, but it shall be sufficient if such Act approves the substance thereof. After an amendment or supplemental indenture under this Section 902 9.02 becomes effective, the Company shall mail to each Holder a notice briefly describing the amendment or supplemental indenture. An amendment or supplemental indenture which changes or eliminates any covenant or other provision of this Indenture which has expressly been included solely for the benefit of one or more particular series of Securities, or which modifies the rights of the Holders of Securities of such series with respect to such covenant or other provision, shall be deemed not to affect the rights under this Indenture of the Holders of Securities of any other series.

Appears in 1 contract

Samples: Indenture (Security Capital Assurance LTD)

Amendments or Supplemental Indentures with Consent of Holders. With the written consent of the Holders of not less than a majority in aggregate principal amount of the Securities at the time OutstandingOutstanding of all series affected by such amendment or supplement (taken together as one class), the Company, when authorized by a Board Resolution, Issuers and the Trustee, at any time and from time to time, may amend or supplement this Indenture or the Securities. However, without the consent of each Holder affected, an amendment of or a supplement to this Indenture or the Securities may not: (1) change the Stated Maturity of the principal of of, or premium, if any, or any installment of interest with respect to the Securities; (2) reduce the principal amount of, or the rate of interest on, or any premium payable upon the redemption of, the Securities; (3) change the currency of payment of principal of or interest on the Securities; (4) change the redemption provisions, if any, of any Securities in any manner adverse to the Holders of such Securities; (5) impair the right to institute suit for the enforcement of any payment on or with respect to the Securities; (56) reduce the above-stated percentage of Holders of the Securities of any series necessary to modify or amend this Indenture; (67) in the case of Subordinated Securities of any series, modify any of the Subordination Provisions or the definition of “Senior Indebtedness” relating to such series in a manner adverse to the holders of such Subordinated Securities; or (8) modify the foregoing requirements or reduce the percentage of Outstanding Securities necessary to waive any covenant or past default; and (7) if the Securities are convertible, adversely affect the right to convert the Securities into Ordinary Shares in accordance with the provisions of this Indenture. It shall not be necessary for any Act of the Holders under this Section 902 9.02 to approve the particular form of any proposed amendment or supplemental indenture, but it shall be sufficient if such Act approves the substance thereof. After an amendment or supplemental indenture under this Section 902 9.02 becomes effective, the Company Issuers shall mail to each Holder a notice briefly describing the amendment or supplemental indenture. An amendment or supplemental indenture which changes or eliminates any covenant or other provision of this Indenture which has expressly been included solely for the benefit of one or more particular series of Securities, or which modifies the rights of the Holders of Securities of such series with respect to such covenant or other provision, shall be deemed not to affect the rights under this Indenture of the Holders of Securities of any other series.

Appears in 1 contract

Samples: Indenture (Global Indemnity Group, Inc.)

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