Amendments to the Indenture and the Notes. SECTION 2.01. The Indenture and the Notes are hereby amended by deleting each of the following sections of the Indenture and all references thereto in the Indenture in their entirety:
(a) Section 4.3 (Provision of Financial Information);
(b) Section 4.6 (Stay, Extension and Usury Laws);
(c) Section 4.7 (Limitation on Restricted Payments);
(d) Section 4.8 (Limitation on Dividend and Other Restrictions Affecting Restricted Subsidiaries);
(e) Section 4.9 (Limitation on Additional Indebtedness);
(f) Section 4.10 (Limitation on Asset Sales);
(g) Section 4.11 (Limitation on Transactions with Affiliates);
(h) Section 4.12 (Limitation on Liens);
(i) Section 4.13 (Offer to Purchase upon Change of Control);
(j) Section 4.15 (Additional Guarantees);
(k) Section 4.16 (Limitation on Designation of Unrestricted Subsidiaries);
(l) Clauses (a)(2) through (a)(4) (including the paragraph thereafter) and Clauses (b)(1)(B), (b)(1)(C) and (b)(2) of Section 5.1 (Consolidation, Merger, Conveyance, Transfer or Lease); and
(m) Clauses (3) through (8) of Section 6.1 (Events of Default).
SECTION 2.02. Any and all additional provisions of the Indenture and the Notes are hereby deemed to be amended to reflect the intentions of the amendments to the Indenture set forth in this Supplemental Indenture.
Amendments to the Indenture and the Notes. SECTION 2.1 The Indenture and the Notes (for the avoidance of doubt, including the Global Security for the 7.250% Senior Notes due 2025) are hereby amended as follows:
A. The Indenture (for the avoidance of doubt, including the Global Security for the 7.250% Senior Notes due 2025) is hereby amended by adding the following sentence to the end of the definition of “Change of Control” in the Indenture: Notwithstanding the foregoing, a “Change of Control” will not occur or be deemed to occur or have occurred (i) in connection with the Acquisition or (ii) at any time so long as (1) the Permitted Holders directly or indirectly beneficially own a majority of the voting power of the Company’s Voting Stock or (2) no other Person, other than the Permitted Holders, beneficially owns a majority of the voting power of the Company’s Voting Stock.
B. The Indenture (for the avoidance of doubt, including the Global Security for the 7.250% Senior Notes due 2025) is hereby amended by replacing the definition of “Permitted Holders” in the Indenture:
Amendments to the Indenture and the Notes. (a) The following Sections and Articles of the Indenture, and any corresponding provisions in the Notes, are hereby deleted in their entirety and replaced with “Intentionally Omitted.”:
Amendments to the Indenture and the Notes. Section 2.1 The Indenture and the Notes (for the avoidance of doubt, including the Global Security for the Notes) are hereby amended as follows:
(a) The Indenture, with respect to the Notes, and the Notes (for the avoidance of doubt, including the Global Security for the Notes) are hereby amended by adding the following sentence to the end of the definition of “Change of Control” in Section 1.1 of the Indenture, as amended and supplemented by Section 1.01 of the Seventh Supplemental Indenture with respect to the Notes: Notwithstanding the foregoing, a “Change of Control” will not occur or be deemed to occur or have occurred (i) in connection with the EQT Transactions or (ii) at any time so long as (1) the Permitted Holders directly or indirectly beneficially own a majority of the voting power of the Company’s Voting Stock or (2) no other Person, other than the Permitted Holders, beneficially owns a majority of the voting power of the Company’s Voting Stock.
(b) The Indenture, with respect to the Notes, and the Notes (for the avoidance of doubt, including the Global Security for the Notes) are hereby amended by adding the following definitions in the proper alphabetical order to the list of defined terms in Section 1.1 of the Indenture, as amended and supplemented by Section 1.01 of the Seventh Supplemental Indenture with respect to the Notes:
Amendments to the Indenture and the Notes. SECTION 2.01. The Indenture and the Existing Notes are hereby amended by:
(a) adding the following definition:
Amendments to the Indenture and the Notes. 2.1 Amendment of Sections 3.9 through 3.10. Sections 3.9 through 3.10 of the Indenture, inclusive, are hereby deleted in their entirety and each Section is replaced with the following: “[intentionally omitted]”.
2.2 Amendment of Sections 4.3 through 4.4. Sections 4.3 through 4.4 of the Indenture, inclusive, are hereby deleted in their entirety and each Section is replaced with the following: “[intentionally omitted]”.
2.3 Amendment of Sections 4.7 through 4.12. Sections 4.7 through 4.12 of the Indenture, inclusive, are hereby deleted in their entirety and each Section is replaced with the following: “[intentionally omitted]”.
2.4 Amendment of Sections 4.14 through 4.16. Sections 4.14 through 4.16 of the Indenture, inclusive, are hereby deleted in their entirety and each Section is replaced with the following: “[intentionally omitted]”.
2.5 Amendment of Sections 4.18 through 4.19. Sections 4.18 through 4.19 of the Indenture, inclusive, are hereby deleted in their entirety and each Section is replaced with the following: “[intentionally omitted]”.
Amendments to the Indenture and the Notes. (a) The Form of Note attached to the Indenture as Exhibit A is hereby deleted in its entirety and amended and replaced with the Form of Note attached hereto as Exhibit A, which exhibit shall be appended to each Global Note heretofore executed and deposited with or on behalf of, and registered in the name of, a nominee of the CSK (each, an “Existing Global Note”), and (b) the words “a 360-day year comprised of twelve-30-day months” in the second paragraph of Section 1 of each Existing Global Note is hereby deemed to be deleted and replaced with “an ACTUAL/ACTUAL (ICMA) day count convention, as defined in the rulebook of the International Capital Markets Association”. ||
Amendments to the Indenture and the Notes. The Indenture and the Notes are hereby amended by:
(a) amending Section 1.01 of the Indenture to delete the definition of “Second Fracturing Contract” in its entirety and replace it with the following:
Amendments to the Indenture and the Notes. Pursuant to Section 9.02 of the Indenture, the Issuers and the Trustee (in the case of the Trustee, acting in reliance upon the instructions and directions of the holders of the Requisite Consents obtained pursuant to the Statement) hereby agree to amend or supplement certain provisions of the Indenture, as follows:
SECTION 2.01. Section 4.02 of the Indenture is hereby deleted and amended and restated to read in its entirety as set forth below: “SECTION 4.02. [Intentionally omitted].”
SECTION 2.02. Section 4.03 of the Indenture is hereby deleted and amended and restated to read in its entirety as set forth below: “SECTION 4.03. [Intentionally omitted].”
SECTION 2.03. Section 4.04 of the Indenture is hereby deleted and amended and restated to read in its entirety as set forth below: “SECTION 4.04. [Intentionally omitted].”
SECTION 2.04. Section 4.05 of the Indenture is hereby deleted and amended and restated to read in its entirety as set forth below:
SECTION 4.05. [Intentionally omitted].”
SECTION 2.05. Section 4.06 of the Indenture is hereby deleted and amended and restated to read in its entirety as set forth below: “SECTION 4.06. [Intentionally omitted].”
SECTION 2.06. Section 4.07 of the Indenture is hereby deleted and amended and restated to read in its entirety as set forth below: “SECTION 4.07. [Intentionally omitted].”
SECTION 2.07. Section 4.08 of the Indenture is hereby deleted and amended and restated to read in its entirety as set forth below: “SECTION 4.08. [Intentionally omitted].”
SECTION 2.08. Section 4.09 of the Indenture is hereby deleted and amended and restated to read in its entirety as set forth below:
SECTION 4.09. [Intentionally omitted].”
SECTION 2.09. Section 4.10 of the Indenture is hereby deleted and amended and restated to read in its entirety as set forth below:
SECTION 4.10. [Intentionally omitted].”
Amendments to the Indenture and the Notes. Effective as of the date hereof, the Company and the Trustee hereto acknowledge and agree that the following amendments to the Indenture shall become operative automatically at the Operative Time, without any further action by any party.
