Amendments to Certain Provisions of the Indenture. Subject to Section 4.02 hereof, the following Sections of the Indenture are hereby amended to read as follows and any and all references to such sections and provisions of the Indenture which are amended, modified, replaced or deleted and any and all obligations thereunder are hereby deleted throughout the Indenture, and such sections and references shall be of no further force or effect: The following definitions are hereby added or replaced, as applicable, to Section 1.01 of the Indenture:
Amendments to Certain Provisions of the Indenture. Section 2.01 Amendment of Section 4.03. Section 4.03 of the Indenture is hereby amended to add following:
Amendments to Certain Provisions of the Indenture. The following definition in Section 1.01 is replaced as set forth below:
Amendments to Certain Provisions of the Indenture. SECTION 2.1 Amendments to Section 10.9(a)
Amendments to Certain Provisions of the Indenture. SECTION 4.01. Amendment to Section 15.02 of the Indenture. The holders of 100% of the bonds Outstanding under the Indenture having consented to the amendments set forth in Section 4.05 of Article IV of the Thirtieth Supplemental Indenture, dated as of December 1, 2012, the Company hereby exercises its right to amend Section 15.02 of the Indenture to add a new paragraph at the end reading as follows: “In case the Company, as permitted by Section 15.01 hereof, shall convey or transfer, subject to the Lien of this Indenture, all or substantially all of the Mortgaged and Pledged Property as an entirety to a successor corporation, the indenture described above in this Section may also provide for the release and discharge of the Company from all obligations under this Indenture or any bonds issued hereunder which are assumed by such successor corporation.”
Amendments to Certain Provisions of the Indenture. Pursuant to Section 9.01(15) of the Indenture, the following modifications are made to the Indenture: The last sentence of the first paragraph of Section 3.03 of the Indenture shall be deleted and replaced with the following: “Any notice of redemption may be subject to one or more conditions precedent, including, but not limited to, the completion of an Equity Offering or other corporate transaction.”
Amendments to Certain Provisions of the Indenture. (1) The first two sentences in Section 2.18(a) of the Indenture are amended and restated in their entirety to read as follows: "On the 35th day (or the next succeeding Business Day if the 35th day is not a Business Day) after the end of each Fiscal Quarter, the Issuers shall make principal payments on the Securities and the Cash Pay Second Lien Securities in proportion to their respective Pro Rata Shares, commencing with the Fiscal Quarter ending March 31, 2012, in an aggregate amount equal to 85% of the Excess Cash Flow (if any) of the Issuers and their Subsidiaries for such quarterly period; provided, that, notwithstanding any of the foregoing, the Issuers may, in their sole discretion, reduce the amount of such principal payments, but not in excess of 5% of such Excess Cash Flow, by the net amount paid to one or more Holders for the acquisition of their Securities by bid in the open market in such Fiscal Quarter and the 35 days thereafter (for the avoidance of doubt, any such net amounts may only reduce the amount of such principal payments in a single Fiscal Quarter). Such principal repayments from Excess Cash Flow shall be paid in cash equal to 110% of the principal amount repaid plus any accrued and unpaid interest thereon, to the date of repayment."
(2) Article II of the Indenture is amended by adding the following Section 2.21 at the end:
Amendments to Certain Provisions of the Indenture. (1) Section 2.18(a) of the Indenture is amended and restated in its entirety to read as follows: "On the 35th day (or the next succeeding Business Day if the 35th day is not a Business Day) after the end of each Fiscal Quarter occurring prior to the Payment in Full of the Senior Lien Obligations, the Issuers shall make principal payments on the Securities and the Senior Lien Securities in proportion to their respective Pro Rata Shares, commencing with the Fiscal Quarter ending March 31, 2012, in an aggregate amount equal to 85% of the Excess Cash Flow (if any) of the Issuers and their Subsidiaries for such quarterly period; provided, that, notwithstanding any of the foregoing, the Issuers may, in their sole discretion, reduce the amount of such principal payments, but not in excess of 5% of such Excess Cash Flow, by the net amount paid to one or more Senior Lien Holders for the acquisition of their Senior Lien Securities by bid in the open market in such Fiscal Quarter and the 35 days thereafter (for the avoidance of doubt, any such net amounts may only reduce the amount of such principal payments in a single Fiscal Quarter). Such principal repayments from Excess Cash Flow shall be paid in cash equal to 110% of the principal amount repaid plus any accrued and unpaid interest thereon, to the date of repayment. On the 35th day (or the next succeeding Business Day of the 35th day is not a Business Day) after the end of each Fiscal Quarter occurring after the Payment in Full of the Senior Lien Obligations, the Issuers shall make principal payments on the Securities and the Non-Cash Pay Second Lien Securities in proportion to their respective Pro Rata Shares, in an aggregate amount equal to 85% of the Excess Cash Flow (if any) of the Issuers and their Subsidiaries for such quarterly period. Such principal repayments from Excess Cash Flow shall be paid in cash equal to 110% of the principal amount repaid plus any accrued and unpaid interest thereon, to the date of repayment. The Issuers will provide written notice to the Trustee describing the amount of any payment to be made pursuant to this Section 2.18(a) no later than fifteen (15) days prior to the date any payment is required to be made pursuant to the terms hereof."
(2) Article II of the Indenture is amended by adding the following Section 2.21 at the end:
Amendments to Certain Provisions of the Indenture. Section 5.01. Amendments to Section 1.02 of the Indenture.
(a) Section 1.02 of Article I of the Indenture, as heretofore supplemented, is hereby modified by adding definitions of "capital stock" and "common stock" before the definition of "the Company" to read as follows:
Amendments to Certain Provisions of the Indenture. (a) The Indenture is hereby amended to delete Section 3.2 (Limitations on Indebtedness), Section 3.3 (Limitation on Restricted Payments), Section 3.4 (Limitation on Restrictions on Distributions from Restricted Subsidiaries), Section 3.5 (Limitation on Sales of Assets and Subsidiary Stock), Section 3.6 (Limitation on Liens), Section 3.7 (Limitation on Guarantees), Section 3.8 (Limitation on Affiliate Transactions), Section 3.9 (Change of Control), Section 3.10 (Reports), paragraphs (a)(2), (a)(3), (c), (d) and (e) of Section 4.1 (Merger and Consolidation), Article X (Guarantee) and Exhibit B (Form of Supplemental Indenture), and all references thereto contained in the Indenture, in their entirety, with such Sections and references having no further force or effect.
(b) The Indenture is hereby amended to delete Sections 6.1(a)(4), 6.1(a)(5), and 6.1(a)(6) (Events of Default), and all references thereto contained in Section 6.1 and elsewhere in the Indenture, in their entirety, and the occurrence of the events described in Sections 6.1(a)(4), 6.1(a)(5), and 6.1(a)(6) shall no longer constitute Events of Default.
(c) The failure to comply with the terms of any of the Sections of the Indenture set forth in clause (a) above 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.
(d) All definitions set forth in Section 1.1 (Definitions) of the Indenture that relate to defined terms used solely in the Sections deleted by this First Supplemental Indenture are hereby deleted in their entirety.
(e) All references to Sections of the Indenture amended by this First Supplemental Indenture shall be to such Sections as amended by this First Supplemental Indenture.
