Common use of Amendments, Supplements or Waivers with Consent of Holders Clause in Contracts

Amendments, Supplements or Waivers with Consent of Holders. The Company and the Trustee may amend the Indenture with respect to the Notes as provided in Section 10.02 of the Original Indenture. Notwithstanding the foregoing provision and in addition to the provisions of Section 10.01 of the Original Indenture, without the consent of each Holder of an outstanding Note affected thereby, no amendment or waiver, including a waiver in relation to a past Event of Default, may: (a) reduce the amount of principal payable upon acceleration of the maturity of the Notes; or (b) change the maturity of the principal of, or interest on, any Note. (a) reduce the principal amount of any Note, (b) extend Stated Maturity or (c) modify the provisions with respect to the repurchase right of the Holders upon a Fundamental Change (including, without limitation, the Fundamental Change Repurchase Price) in a manner adverse to Holders.” In addition, the following language shall be added to the end of subclause (7) of Section 10.02 of the Original Indenture for purposes of the Notes: “except to increase the percentage required for modification or waiver or to provide for consent of each affected Holder of Notes”. For the avoidance of doubt, the above-referenced provisions shall be deemed included in the cross reference to clauses (1) through (9) of Section 10.02 of the Original Indenture found in Section 10.04 of the Original Indenture.

Appears in 1 contract

Samples: Supplemental Indenture (PDL Biopharma, Inc.)

AutoNDA by SimpleDocs

Amendments, Supplements or Waivers with Consent of Holders. The Company and the Trustee may amend the Indenture with respect to the Notes as provided in Section 10.02 of the Original Base Indenture. Notwithstanding the foregoing provision and in addition to the provisions of Section 10.01 of the Original Base Indenture, without the consent of each Holder of an outstanding Note affected thereby, no amendment or waiver, including a waiver in relation to a past Event of Default, may: (a) reduce the amount of principal payable upon acceleration of the maturity of the Notes; or (b) change the maturity of the principal of, or interest on, any Note. (a) reduce the principal amount of any Note, (b) extend the Stated Maturity or (c) modify the provisions with respect to the repurchase right of the Holders upon a Fundamental Change (including, without limitation, the Fundamental Change Repurchase Price) in a manner adverse to Holders.” In addition, the following language shall be added to the end of subclause (7) of Section 10.02 of the Original Base Indenture for purposes of the Notes: “except to increase the percentage required for modification or waiver or to provide for consent of each affected Holder of Notes”. For the avoidance of doubt, the above-referenced provisions shall be deemed included in the cross reference to clauses (1) through (9) of Section 10.02 of the Original Base Indenture found in Section 10.04 of the Original Base Indenture.

Appears in 1 contract

Samples: Supplemental Indenture (PDL Biopharma, Inc.)

Amendments, Supplements or Waivers with Consent of Holders. The Company and the Trustee may amend the Indenture with respect to the Notes as provided in Section 10.02 of the Original Base Indenture. Notwithstanding the foregoing provision and in addition to the provisions of Section 10.01 of the Original Base Indenture, without the consent of each Holder of an outstanding Note affected thereby, no amendment or waiver, including a waiver in relation to a past Event of Default, may: (a) reduce the amount of principal payable upon acceleration of the maturity of the Notes; or (b) change the maturity of the principal of, or interest on, any Note. (a) reduce the principal amount Original Principal Amount or Accreted Principal Amount of any Note, (b) extend the Stated Maturity or Maturity, (c) modify the provisions with respect to the repurchase right of the Holders upon a Fundamental Change (including, without limitation, the Fundamental Change Repurchase Price) in a manner adverse to HoldersHolders or (d) change the times at which, or the circumstances under which, the Notes may be redeemed by the Company, or reduce the Redemption Price.” In addition, the following language shall be added to the end of subclause (7) of Section 10.02 of the Original Base Indenture for purposes of the Notes: “except to increase the percentage required for modification or waiver or to provide for consent of each affected Holder of Notes”. For the avoidance of doubt, the above-referenced provisions shall be deemed included in the cross reference to clauses (1) through (9) of Section 10.02 of the Original Base Indenture found in Section 10.04 of the Original Base Indenture.

Appears in 1 contract

Samples: Supplemental Indenture (PDL Biopharma, Inc.)

AutoNDA by SimpleDocs

Amendments, Supplements or Waivers with Consent of Holders. The Company and the Trustee may amend the Indenture with respect to the Notes as provided in Section 10.02 of the Original Indenture. Notwithstanding the foregoing provision and in addition to the provisions of Section 10.01 of the Original Indenture, without the consent of each Holder of an outstanding Note affected thereby, no amendment or waiver, including a waiver in relation to a past Event of Default, may: (a) reduce the amount of principal payable upon acceleration of the maturity of the Notes; or (b) change the stated maturity of the principal of, or interest on, any Note. . The following language shall be added to the end of subclause (a3) reduce of Section 10.02 of the principal amount Original Indenture for purposes of any Note, (b) extend Stated Maturity or (c) modify the Notes: “in a manner adverse to Holders in the case of provisions with respect to the repurchase right of the Holders upon a Fundamental Change (including, without limitation, as defined in the Fundamental Change Repurchase Price) Supplemental Indenture in a manner adverse to Holdersrespect of the Notes).” In addition, addition the following language shall be added to the end of subclause (7) of Section 10.02 of the Original Indenture for purposes of the Notes: “except to increase the percentage required for modification or waiver or to provide for consent of each affected Holder of Notes”. For the avoidance of doubt, the above-referenced provisions shall be deemed included in the cross reference to clauses (1) through (9) of Section 10.02 of the Original Indenture found in Section 10.04 of the Original Indenture.

Appears in 1 contract

Samples: Supplemental Indenture (PDL Biopharma, Inc.)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!