Amendments to Articles Three, Four, Five and Six. Upon written notification to the Trustee by the Company that it has accepted to purchase and payment (the “Acceptance Date”) pursuant to the offer to purchase all of the Notes validly tendered on or before midnight, New York City time, on March 23, 2006 pursuant to the Offer to Purchase and Consent Solicitation Statement, dated as of February 24, 2006, and any amendments, modifications or supplements there to, the automatically (without further act by any person) with respect to the Notes: (a) Section 4.2 (Rule 144A Information; Periodic Reports to the Trustee) and Section 4.3 (Compliance Certificate) of the Indenture are deleted in their entirety and replaced with the following: “The Company shall comply with Section 314 of the TIA.” (b) Section 4.6 (Repurchase upon Fundamental Change) of the Indenture is deleted in its entirety. (c) Each of the following subsections of Section 6.1 (Events of Default) of the Indenture are deleted in their entirety: Sections 6.1(c), (d), (e) and (h). (d) failure to comply with the terms of any of the foregoing sections of the Indenture shall no longer constitute a Default or an Event of Default under the Indenture and shall no longer have any other consequence under the Indenture; (e) the occurrence of the events described in Sections 6.1(c), (d), (e) and (h) shall no longer constitute Events of Default; and (f) all definitions set forth in Section 1.1 of the Indenture that relate to defined terms used solely in covenants or sections deleted hereby are deleted in their entirety.
Appears in 1 contract
Samples: Second Supplemental to 4.75% Subordinated Exchangeable Notes Indenture (Navistar International Corp)
Amendments to Articles Three, Four, Five and Six. Upon written notification to the Trustee by the Company that it has accepted to for purchase and payment (the “"Acceptance Date”") pursuant to the offer to purchase all of the Notes validly tendered on or before midnight, New York City time, on March 23August 8, 2006 pursuant to the Offer to Purchase and Consent Solicitation Statement, dated as of February 24June 27, 2006, and any amendments, modifications or supplements there tothereto, the then automatically (without further act by any person) with respect to the Notes:
(a) Section 4.2 3.02 (Rule 144A Information; Periodic Reports to by the TrusteeCompany) and Section 4.3 3.03 (Compliance Certificate) of the Indenture are deleted in their entirety and replaced with the following: “"The Company shall comply with Section 314 of the TIA.”"
(b) Section 4.6 3.06 (Repurchase upon Upon Fundamental Change) of the Indenture is deleted in its entirety.
(c) Section 3.11 (Limitation on Guarantees by Subsidiaries) of the Indenture is deleted in its entirety.
(d) Each of the following subsections of Section 6.1 5.01 (Events of Default) of the Indenture are deleted in their entirety: Sections 6.1(c5.01(c), (d), (e) and (h).
(de) failure Failure to comply with the terms of any of the foregoing sections of the Indenture shall no longer constitute a Default or an Event of Default under the Indenture and shall no longer have any other consequence under the Indenture;.
(ef) the The occurrence of the events described in Sections 6.1(c5.01(c), (d), (e) and (h) shall no longer constitute Events of Default; and.
(fg) all All definitions set forth in Section 1.1 1.01 of the Indenture that relate to defined terms used solely in covenants or sections deleted hereby are deleted in their entirety.
Appears in 1 contract
Samples: First Supplement to Indenture (Navistar International Corp)
Amendments to Articles Three, Four, Five and Six. Upon written notification to the Trustee by the Company that it has accepted to for purchase and payment (the “"Acceptance Date”") pursuant to the offer to purchase all of the Notes validly tendered on or before midnight5:00 p.m., New York City time, on March 23July , 2006 pursuant to the Offer to Purchase and Consent Solicitation Statement, dated as of February 24June , 2006, and any amendments, modifications or supplements there tothereto, the then automatically (without further act by any person) with respect to the Notes:
(a) Section 4.2 3.02 (Rule 144A Information; Periodic Reports to by the TrusteeCompany) and Section 4.3 3.03 (Compliance Certificate) of the Indenture are deleted in their entirety and replaced with the following: “"The Company shall comply with Section 314 of the TIA.”"
(b) Section 4.6 3.06 (Repurchase upon Upon Fundamental Change) of the Indenture is deleted in its entirety.
(c) Section 3.11 (Limitation on Guarantees by Subsidiaries) of the Indenture is deleted in its entirety.
(d) Each of the following subsections of Section 6.1 5.01 (Events of Default) of the Indenture are deleted in their entirety: Sections 6.1(c5.01(c), (d), (e) and (h).
(de) failure to comply with the terms of any of the foregoing sections of the Indenture shall no longer constitute a Default or an Event of Default under the Indenture and shall no longer have any other consequence under the Indenture;
(ef) the occurrence of the events described in Sections 6.1(c5.01(c), (d), (e) and (h) shall no longer constitute Events of Default; and
(fg) all definitions set forth in Section 1.1 1.01 of the Indenture that relate to defined terms used solely in covenants or sections deleted hereby are deleted in their entirety.
Appears in 1 contract
Samples: Supplemental Indenture (Navistar International Corp)
Amendments to Articles Three, Four, Five and Six. Upon written notification to the Trustee by the Company that it has accepted to for purchase and payment (the “"Acceptance Date”") pursuant to the offer to purchase all of the Notes validly tendered on or before midnight, New York City time, on March 23, 2006 pursuant to the Offer to Purchase and Consent Solicitation Statement, dated as of February 24, 2006, and any amendments, modifications or supplements there tothereto, the then automatically (without further act by any person) with respect to the Notes:
(a) Section 4.2 (Rule 144A Information; Periodic Reports to the Trustee) and Section 4.3 (Compliance Certificate) of the Indenture are deleted in their entirety and replaced with the following: “"The Company shall comply with Section 314 of the TIA.”"
(b) Section 4.6 (Repurchase upon Fundamental Change) of the Indenture is deleted in its entirety.
(c) Each of the following subsections of Section 6.1 (Events of Default) of the Indenture are deleted in their entirety: Sections 6.1(c), (d), (e) and (h).
(d) failure to comply with the terms of any of the foregoing sections of the Indenture shall no longer constitute a Default or an Event of Default under the Indenture and shall no longer have any other consequence under the Indenture;
(e) the occurrence of the events described in Sections 6.1(c), (d), (e) and (h) shall no longer constitute Events of Default; and
(f) all definitions set forth in Section 1.1 of the Indenture that relate to defined terms used solely in covenants or sections deleted hereby are deleted in their entirety.
Appears in 1 contract
Samples: Supplemental Indenture (Navistar International Corp)