Common use of Amendments to Articles Five, Six and Seven Clause in Contracts

Amendments to Articles Five, Six and Seven. (a) The Indenture is hereby amended by deleting the following Sections or clauses of the Sixteenth Supplemental Indenture and all references and definitions to the extent solely related thereto in their entirety and replacing each such Section or clause, as applicable, with “[Intentionally Omitted]”: (i) Section 6.01(Compliance with Securities Laws); (ii) Section 6.02 (Restrictions on Secured Indebtedness); (iii) Section 6.03 (Restrictions on Sale and Leaseback Transactions); (iv) Section 6.04 (Designation of Restricted and Unrestricted Subsidiaries); (v) Clause (no default or event of default) (b) of Section 6.05 (Merger and Sales of Assets by the Company); (vi) Section 6.06 (Reports to Holders of the Notes); (vii) Section 6.07 (Future Subsidiary Guarantees); and (viii) Clauses (i) (cross-default to other indebtedness) and (ii) (judgment defaults) of Section 7.01 (Additional Events of Default). (b) The Indenture is hereby amended by rendering the provisions of the following Sections and clauses of the Original Indenture and all references and definitions to the extent solely related thereto inapplicable to the Notes: (i) Clause (1) (requiring any successor of a merger or transferee of assets to be a corporation organized and existing under the laws of the United States or a State thereof) of Section 5.01 (When Company May Merge, etc.) but solely applying to the requirement for any successor of a merger or consolidation or transferee of assets to (x) be a corporation and (y) be organized under the laws of the United States or a State thereof; (ii) Clause (2) (no default or event of default) of Section 5.01 (When Company May Merge, etc.); (iii) Clause (3) (default as a failure to comply with covenants other than covenants to pay interest, principal or premium) of Section 6.01 (Events of Default); (iv) Clause (4) (commencement of a voluntary bankruptcy case) of Section 6.01 (Events of Default); and (v) Clause (5) (commencement of an involuntary bankruptcy case) of Section 6.01 (Events of Default). (c) Section 6.05(a) (Merger and Sales of Assets by the Company) of the Indenture is hereby amended and restated in its entirety to read as follows: “ (a) such Person (if other than the Company) expressly assumes all the obligations of the Company under the Indenture and the Notes; and”.

Appears in 1 contract

Samples: Supplemental Indenture (CalAtlantic Group, Inc.)

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Amendments to Articles Five, Six and Seven. (a) The Indenture is hereby amended by deleting the following Sections or clauses of the Sixteenth Twentieth Supplemental Indenture and all references and definitions to the extent solely related thereto in their entirety and replacing each such Section or clause, as applicable, with “[Intentionally Omitted]”: (i) Section 6.01(Compliance with Securities Laws); (ii) Section 6.02 (Restrictions on Secured Indebtedness); (iii) Section 6.03 (Restrictions on Sale and Leaseback Transactions); (iv) Section 6.04 (Designation of Restricted and Unrestricted Subsidiaries); (v) Clause (b) (no default or event of default) (b) of Section 6.05 (Merger and Sales of Assets by the Company); (vi) Section 6.06 (Reports to Holders of the Notes); (vii) Section 6.07 (Future Subsidiary Guarantees); and (viii) Clauses (i) (cross-default to other indebtedness) and (ii) (judgment defaults) of Section 7.01 (Additional Events of Default). (b) The Indenture is hereby amended by rendering the provisions of the following Sections and clauses of the Original Indenture and all references and definitions to the extent solely related thereto inapplicable to the Notes: (i) Clause (1) (requiring any successor of a merger or transferee of assets to be a corporation organized and existing under the laws of the United States or a State thereof) of Section 5.01 (When Company May Merge, etc.) but solely applying to the requirement for any successor of a merger or consolidation or transferee of assets to (x) be a corporation and (y) be organized under the laws of the United States or a State thereof; (ii) Clause (2) (no default or event of default) of Section 5.01 (When Company May Merge, etc.); (iii) Clause (3) (default as a failure to comply with covenants other than covenants to pay interest, principal or premium) of Section 6.01 (Events of Default); (iv) Clause (4) (commencement of a voluntary bankruptcy case) of Section 6.01 (Events of Default); and (v) Clause (5) (commencement of an involuntary bankruptcy case) of Section 6.01 (Events of Default). (c) Section 6.05(a) (Merger and Sales of Assets by the Company) of the Indenture is hereby amended and restated in its entirety to read as follows: “ (a) such Person (if other than the Company) expressly assumes all the obligations of the Company under the Indenture and the Notes; and”.

Appears in 1 contract

Samples: Supplemental Indenture (CalAtlantic Group, Inc.)

Amendments to Articles Five, Six and Seven. (a) The Indenture is hereby amended by deleting the following Sections or clauses of the Sixteenth Twenty-First Supplemental Indenture and all references and definitions to the extent solely related thereto in their entirety and replacing each such Section or clause, as applicable, with “[Intentionally Omitted]”: (i) Section 6.01(Compliance 6.01 (Compliance with Securities Laws); (ii) Section 6.02 (Restrictions on Secured Indebtedness); (iii) Section 6.03 (Restrictions on Sale and Leaseback Transactions); (iv) Section 6.04 (Designation of Restricted and Unrestricted Subsidiaries); (v) Clause (b) (no default or event of default) (b) of Section 6.05 (Merger and Sales of Assets by the Company); (vi) Section 6.06 (Reports to Holders of the Notes); (vii) Section 6.07 (Future Subsidiary Guarantees); and (viii) Clauses (i) (cross-default to other indebtedness) and (ii) (judgment defaults) of Section 7.01 (Additional Events of Default). (b) The Indenture is hereby amended by rendering the provisions of the following Sections and clauses of the Original Indenture and all references and definitions to the extent solely related thereto inapplicable to the Notes: (i) Clause (1) (requiring any successor of a merger or transferee of assets to be a corporation organized and existing under the laws of the United States or a State thereof) of Section 5.01 (When Company May Merge, etc.) but solely applying to the requirement for any successor of a merger or consolidation or transferee of assets to (x) be a corporation and (y) be organized under the laws of the United States or a State thereof; (ii) Clause (2) (no default or event of default) of Section 5.01 (When Company May Merge, etc.); (iii) Clause (3) (default as a failure to comply with covenants other than covenants to pay interest, principal or premium) of Section 6.01 (Events of Default); (iv) Clause (4) (commencement of a voluntary bankruptcy case) of Section 6.01 (Events of Default); and (v) Clause (5) (commencement of an involuntary bankruptcy case) of Section 6.01 (Events of Default). (c) Section 6.05(a) (Merger and Sales of Assets by the Company) of the Indenture is hereby amended and restated in its entirety to read as follows: “ (a) such Person (if other than the Company) expressly assumes all the obligations of the Company under the Indenture and the Notes; and”.

Appears in 1 contract

Samples: Supplemental Indenture (CalAtlantic Group, Inc.)

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Amendments to Articles Five, Six and Seven. (a) The Indenture is hereby amended by deleting the following Sections or clauses of the Sixteenth Fourteenth Supplemental Indenture and all references and definitions to the extent solely related thereto in their entirety and replacing each such Section or clause, as applicable, with “[Intentionally Omitted]”: (i) Section 6.01(Compliance 6.01 (Compliance with Securities Laws); (ii) Section 6.02 (Restrictions on Secured Indebtedness); (iii) Section 6.03 (Restrictions on Sale and Leaseback Transactions); (iv) Section 6.04 (Designation of Restricted and Unrestricted Subsidiaries); (v) Clause (b) (no default or event of default) (b) of Section 6.05 (Merger and Sales of Assets by the Company); (vi) Section 6.06 (Reports to Holders of the Notes); (vii) Section 6.07 (Future Subsidiary Guarantees); and (viii) Clauses (i) (cross-default to other indebtedness) and (ii) (judgment defaults) of Section 7.01 (Additional Events of Default). (b) The Indenture is hereby amended by rendering the provisions of the following Sections and clauses of the Original Indenture and all references and definitions to the extent solely related thereto inapplicable to the Notes: (i) Clause (1) (requiring any successor of a merger or transferee of assets to be a corporation organized and existing under the laws of the United States or a State thereof) of Section 5.01 (When Company May Merge, etc.) but solely applying to the requirement for any successor of a merger or consolidation or transferee of assets to (x) be a corporation and (y) be organized under the laws of the United States or a State thereof; (ii) Clause (2) (no default or event of default) of Section 5.01 (When Company May Merge, etc.); (iii) Clause (3) (default as a failure to comply with covenants other than covenants to pay interest, principal or premium) of Section 6.01 (Events of Default); (iv) Clause (4) (commencement of a voluntary bankruptcy case) of Section 6.01 (Events of Default); and (v) Clause (5) (commencement of an involuntary bankruptcy case) of Section 6.01 (Events of Default). (c) Section 6.05(a) (Merger and Sales of Assets by the Company) of the Indenture is hereby amended and restated in its entirety to read as follows: “ (a) such Person (if other than the Company) expressly assumes all the obligations of the Company under the Indenture and the Notes; and”.

Appears in 1 contract

Samples: Supplemental Indenture (CalAtlantic Group, Inc.)

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