Common use of Amendments to the Indenture and the Notes Clause in Contracts

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.

Appears in 2 contracts

Samples: Supplemental Indenture (Forum Energy Technologies, Inc.), Supplemental Indenture (Zy-Tech Global Industries, Inc.)

AutoNDA by SimpleDocs

Amendments to the Indenture and the Notes. SECTION 2.01. The Indenture and the Existing Notes are hereby amended by by: (a) deleting each Sections 3.2 (Limitation on Indebtedness and Preferred Stock), 3.3 (Limitation on Restricted Payments), 3.4 (Limitation on Restrictions on Distributions from Restricted Subsidiaries), 3.5 (Limitation on Sales of the following sections Assets and Subsidiary Stock), 3.6 (Limitation on Liens), 3.8 (Limitation on Affiliate Transactions), 3.9 (Purchase of Securities Upon a Change of Control Triggering Event), 3.10 (Provision of Financial Information), 3.11 (Future Subsidiary Guarantors), 3.15 (Compliance Certificate) and 3.18 (Covenant Termination) of the Indenture and all references thereto in the Indenture and the Existing Notes in their entirety: (a) Section 4.3 (Provision , and replacing such Sections 3.2 through 3.6, 3.8 through 3.11, 3.15 and 3.18 of Financial Information)the Indenture with the phrase “[Intentionally Omitted]”; (b) deleting clauses (2) and (3) of Section 4.6 4.1(a) (StayMerger and Consolidation) of the Indenture and all references thereto in the Indenture and the Existing Notes in their entirety, Extension and Usury Laws);replacing such clauses (2) and (3) of Section 4.1(a) with the phrase “[Intentionally Omitted]”; and (c) Section 4.7 deleting clauses (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)(24) through (a)(4) (including the paragraph thereafter) and Clauses (b)(1)(B), (b)(1)(C6) and (b)(29) of Section 5.1 (Consolidation, Merger, Conveyance, Transfer or Lease); and (m6.1(a) Clauses (3) through (8) of Section 6.1 (Events of Default)) of the Indenture and replacing all references thereto in the Indenture and the Existing Notes in their entirety, and replacing such clauses (4) through (6) and (9) of Section 6.1(a) with the phrase “[Intentionally Omitted]”. SECTION 2.02. Any and all additional provisions of the Indenture and the Existing Notes are hereby deemed to be amended to reflect the intentions of the amendments to the Indenture set forth Amendments provided for in this Supplemental Indenture.

Appears in 1 contract

Samples: Supplemental Indenture (Ultra Petroleum Corp)

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 entiretyentirety and inserting in lieu thereof the phrase “[intentionally omitted]”: (a) Section 4.3 4.03 (Provision of Financial Reports and Other Information); (b) Section 4.6 4.04 (Stay, Extension and Usury LawsCompliance Certificate); (c) Section 4.7 4.05 (Taxes); (d) Section 4.07 (Limitation on Restricted Payments); (de) Section 4.8 4.08 (Limitation on Dividend and Other Payment Restrictions Affecting Restricted Subsidiaries); (ef) Section 4.9 4.09 (Limitation on Additional Indebtedness); (f) Section 4.10 (Limitation on Asset SalesIncurrence of Indebtedness and Issuance of Disqualified Stock and Preferred Stock); (g) Section 4.10 (Asset Sales); (h) Section 4.11 (Limitation on Transactions with Affiliates); (hi) Section 4.12 (Limitation on Liens); (ij) Section 4.13 4.14 (Offer to Purchase upon Repurchase Upon Change of Control); (jk) Section 4.15 (Additional Guarantees); (k) Section 4.16 (Limitation on Designation Guarantee of Unrestricted Indebtedness by Restricted Subsidiaries);; and (l) Clauses (a)(2) through (a)(4) (including the paragraph thereafter) and Clauses (b)(1)(Bii), (b)(1)(Ciii) and (b)(2iv) of Section 5.1 5.01(a) and Section 5.01(f) (Consolidation, Merger, Conveyance, Transfer Consolidation or Lease); and (m) Clauses (3) through (8) Sale of Section 6.1 (Events of DefaultAll or Substantially All Assets). SECTION 2.02. Any and all additional provisions of the The Indenture and the Notes are hereby deemed further amended by eliminating all Events of Default under the Indenture as they apply to the Sections in the Indenture referred to in Section 2.01. SECTION 2.03. The Indenture and the Notes are hereby further amended by replacing Section 4.13 of the Indenture in its entirety with a new Section 4.13 which shall read as follows: “Company Existence. Subject to Article 5 hereof, the Issuer shall do or cause to be done all things necessary to preserve and keep in full force and effect its existence in accordance with its organizational documents (as the same may be amended from time to reflect time). For the intentions avoidance of doubt, the Issuer will be permitted to change its organizational form.” SECTION 2.04. The Indenture and the Notes are hereby amended by deleting each of the amendments to following clauses of Section 6.01(a) of the Indenture set forth and all references thereto in this Supplemental Indenturethe Indenture in their entirety and inserting in lieu thereof the phrase “[intentionally omitted]”: clauses (iv), (v), (vi) and (viii). SECTION 2.05. The Indenture and the Notes are hereby further amended by replacing clause (vii) of Section 6.01(a) of the Indenture in its entirety with a new clause (vii) of Section 6.01(a), which shall read as follows:

Appears in 1 contract

Samples: Supplemental Indenture (Finance of America Companies Inc.)

AutoNDA by SimpleDocs

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 entiretyentirety and inserting in lieu thereof the phrase “[intentionally omitted]”: (a) Section 4.3 4.03 (Provision of Financial InformationLegal Existence); (b) Section 4.6 4.05 (Waiver of Stay, Extension and or Usury Laws); (c) Section 4.7 4.06 (Compliance Certificate); (d) Section 4.07 (Taxes); (e) Section 4.08 (Repurchase at the Option of Holders upon Change of Control); (f) Section 4.09 (Limitation on Asset Disposition); (g) Section 4.10 (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); (gh) Section 4.11 (Limitation on Transactions with Affiliates); (h) Section 4.12 (Limitation on Liens); (i) Section 4.13 4.15 (Offer to Purchase upon Change of ControlLimitation on Sale and Leaseback Transactions); (j) Section 4.15 4.16 (Additional GuaranteesReports to Holders); (k) Section 4.16 4.17 (Limitation on Designation of Unrestricted SubsidiariesAdditional Note Guarantees); (l) Clauses Section 4.18 (a)(2) through (a)(4) (including the paragraph thereafter) and Clauses (b)(1)(B), (b)(1)(C) and (b)(2) Suspension of Section 5.1 (Consolidation, Merger, Conveyance, Transfer or LeaseCovenants); and (m) Clauses (3), (5), (6) through and (8) of Section 6.1 6.01 (Events of Default). SECTION 2.02. Any and all additional provisions of the The Indenture and the Notes are hereby deemed to be further amended to reflect the intentions by replacing clause (7) of Section 6.01 of the amendments to the Indenture set forth in this Supplemental Indenture.its entirety with a new clause (7) of Section 6.01, which shall read as follows:

Appears in 1 contract

Samples: First Supplemental Indenture (Cooper-Standard Holdings Inc.)

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