Common use of Amendments to this Agreement with Consent of Holders Clause in Contracts

Amendments to this Agreement with Consent of Holders. (a) With the written consent of the Holders of a majority of the aggregate principal amount of the Outstanding Certificates, the Owner Trustee and the Indenture Trustee may enter into such supplemental agreements to add any provisions to or to change or eliminate any provisions of this Agreement or of any such supplemental agreements or to modify the rights of the Holders; provided, however, that without the consent of each Holder affected thereby, an amendment under this Section 11.02 may not: (1) reduce the principal amount of, Premium or Break Amount, if any, or any installment of interest on, any Certificate; or (2) change the date on which any principal amount of, any Installment Payment Amount payable with respect to, Premium or Break Amount, if any, or interest on any Certificate, is due or payable; or (3) create any Lien on the Indenture Estate prior to orpari passu with the Lien thereon under this Agreement except such as are permitted by this Agreement, or deprive any Holder of the benefit of the Lien on the Indenture Estate created by this Agreement; or (4) reduce the percentage in principal amount of the Outstanding Certificates, the consent of whose holders is required for any such supplemental agreement, or the consent of whose holders is required for any waiver (of compliance with certain provisions of this Agreement or of certain defaults hereunder or their consequences) provided for in this Agreement; or (5) make any change in Section 8.05, 8.08, or (but only for so long as the Series SWA 1995 Trust N604SW-I Certificates shall be Outstanding) Article 15, or this Section 11.02(a). (b) It is not necessary under this Section 11.02 for the Holders to consent to the particular form of any proposed supplemental agreement, but it is sufficient if they consent to the substance thereof. (c) Promptly after the execution by the Owner Trustee and the Indenture Trustee of any supplemental agreement pursuant to the provisions of this Section 11.02, the Indenture Trustee shall transmit by first-class mail a notice, setting forth in general terms the substance of such supplemental agreement, to all Holders, as the names and addresses of such Holders appear on the Register. Any failure of the Indenture Trustee to mail such notice, or any defect therein, shall not, however, in any way impair or affect the validity of any such supplemental agreement.

Amendments to this Agreement with Consent of Holders. (a) With the written consent of the Holders of a majority of the aggregate principal amount of the Outstanding Certificates, the Owner Trustee and the Indenture Trustee may enter into such supplemental agreements to add any provisions to or to change or eliminate any provisions of this Agreement or of any such supplemental agreements or to modify the rights of the Holders; provided, however, that without the consent of each Holder affected thereby, an amendment under this Section 11.02 may not: (1) reduce the principal amount of, Premium or Break Amount, if any, or any installment of interest on, any Certificate; or (2) change the date on which any principal amount of, any Installment Payment Amount payable with respect to, Premium or Break Amount, if any, or interest on any Certificate, is due or payable; or (3) create any Lien on the Indenture Estate prior to orpari passu with the Lien thereon under this Agreement except such as are permitted by this Agreement, or deprive any Holder of the benefit of the Lien on the Indenture Estate created by this Agreement; or (4) reduce the percentage in principal amount of the Outstanding Certificates, the consent of whose holders is required for any such supplemental agreement, or the consent of whose holders is required for any waiver (of compliance with certain provisions of this Agreement or of certain defaults hereunder or their consequences) provided for in this Agreement; or (5) make any change in Section 8.05, 8.08, or (but only for so long as the Series SWA 1995 Trust N604SWN605SW-I Certificates shall be Outstanding) Article 15, or this Section 11.02(a). (b) It is not necessary under this Section 11.02 for the Holders to consent to the particular form of any proposed supplemental agreement, but it is sufficient if they consent to the substance thereof. (c) Promptly after the execution by the Owner Trustee and the Indenture Trustee of any supplemental agreement pursuant to the provisions of this Section 11.02, the Indenture Trustee shall transmit by first-class mail a notice, setting forth in general terms the substance of such supplemental agreement, to all Holders, as the names and addresses of such Holders appear on the Register. Any failure of the Indenture Trustee to mail such notice, or any defect therein, shall not, however, in any way impair or affect the validity of any such supplemental agreement.

Amendments to this Agreement with Consent of Holders. (a) With the written consent of the Holders of a majority of the aggregate principal amount of the Outstanding Certificates, the Owner Trustee and the Indenture Trustee may enter into such supplemental agreements to add any provisions to or to change or eliminate any provisions of this Agreement or of any such supplemental agreements or to modify the rights of the Holders; provided, however, that without the consent of each Holder affected thereby, an amendment under this Section 11.02 may not: (1) reduce the principal amount of, Premium or Break Amount, if any, or any installment of interest on, any Certificate; or (2) change the date on which any principal amount of, any Installment Payment Amount payable with respect to, Premium or Break Amount, if any, or interest on any Certificate, is due or payable; or (3) create any Lien on the Indenture Estate prior to orpari or pari passu with the Lien thereon under this Agreement except such as are permitted by this Agreement, or deprive any Holder of the benefit of the Lien on the Indenture Estate created by this Agreement; or (4) reduce the percentage in principal amount of the Outstanding Certificates, the consent of whose holders is required for any such supplemental agreement, or the consent of whose holders is required for any waiver (of compliance with certain provisions of this Agreement or of certain defaults hereunder or their consequences) provided for in this Agreement; or (5) make any change in Section 8.05, 8.08, or (but only for so long as the Series SWA 1995 Trust N604SWN602SW-I Certificates shall be Outstanding) Article 15, or this Section 11.02(a). (b) It is not necessary under this Section 11.02 for the Holders to consent to the particular form of any proposed supplemental agreement, but it is sufficient if they consent to the substance thereof. (c) Promptly after the execution by the Owner Trustee and the Indenture Trustee of any supplemental agreement pursuant to the provisions of this Section 11.02, the Indenture Trustee shall transmit by first-class mail a notice, setting forth in general terms the substance of such supplemental agreement, to all Holders, as the names and addresses of such Holders appear on the Register. Any failure of the Indenture Trustee to mail such notice, or any defect therein, shall not, however, in any way impair or affect the validity of any such supplemental agreement.

Amendments to this Agreement with Consent of Holders. (a) With the written consent of the Holders of a majority of the aggregate principal amount of the Outstanding Certificates, the Owner Trustee and the Indenture Trustee may enter into such supplemental agreements to add any provisions to or to change or eliminate any provisions of this Agreement or of any such supplemental agreements or to modify the rights of the Holders; provided, however, that without the consent of each Holder affected thereby, an amendment under this Section 11.02 may not: (1) reduce the principal amount of, Premium or Break Amount, if any, or any installment of interest on, any Certificate; or (2) change the date on which any principal amount of, any Installment Payment Amount payable with respect to, Premium or Break Amount, if any, or interest on any Certificate, is due or payable; or (3) create any Lien on the Indenture Estate prior to orpari or pari passu with the Lien thereon under this Agreement except such as are permitted by this Agreement, or deprive any Holder of the benefit of the Lien on the Indenture Estate created by this Agreement; or (4) reduce the percentage in principal amount of the Outstanding Certificates, the consent of whose holders is required for any such supplemental agreement, or the consent of whose holders is required for any waiver (of compliance with certain provisions of this Agreement or of certain defaults hereunder or their consequences) provided for in this Agreement; or or TRUST INDENTURE AND SECURITY AGREEMENT [N620SW] -52- 59 (5) make any change in Section 8.05, 8.08, or (but only for so long as the Series SWA 1995 1996 Trust N604SWN620SW-I Certificates shall be Outstanding) Article 15, or this Section 11.02(a). (b) It is not necessary under this Section 11.02 for the Holders to consent to the particular form of any proposed supplemental agreement, but it is sufficient if they consent to the substance thereof. (c) Promptly after the execution by the Owner Trustee and the Indenture Trustee of any supplemental agreement pursuant to the provisions of this Section 11.02, the Indenture Trustee shall transmit by first-class mail a notice, setting forth in general terms the substance of such supplemental agreement, to all Holders, as the names and addresses of such Holders appear on the Register. Any failure of the Indenture Trustee to mail such notice, or any defect therein, shall not, however, in any way impair or affect the validity of any such supplemental agreement.

Amendments to this Agreement with Consent of Holders. (a) With the written consent of the Holders of a majority of the aggregate principal amount of the Outstanding Certificates, the Owner Trustee and the Indenture Trustee may enter into such supplemental agreements to add any provisions to or to change or eliminate any provisions of this Agreement or of any such supplemental agreements or to modify the rights of the Holders; provided, however, that without the consent of each Holder affected thereby, an amendment under this Section 11.02 may not: (1) reduce the principal amount of, Premium or Break Amount, if any, or any installment of interest on, any Certificate; or (2) change the date on which any principal amount of, any Installment Payment Amount payable with respect to, Premium or Break Amount, if any, or interest on any Certificate, is due or payable; or (3) create any Lien on the Indenture Estate prior to orpari passu with the Lien thereon under this Agreement except such as are permitted by this Agreement, or deprive any Holder of the benefit of the Lien on the Indenture Estate created by this Agreement; or (4) reduce the percentage in principal amount of the Outstanding Certificates, the consent of whose holders is required for any such supplemental agreement, or the consent of whose holders is required for any waiver (of compliance with certain provisions of this Agreement or of certain defaults hereunder or their consequences) provided for in this Agreement; or (5) make any change in Section 8.05, 8.08, or (but only for so long as the Series SWA 1995 Trust N604SWN603SW-I Certificates shall be Outstanding) Article 15, or this Section 11.02(a). (b) It is not necessary under this Section 11.02 for the Holders to consent to the particular form of any proposed supplemental agreement, but it is sufficient if they consent to the substance thereof. (c) Promptly after the execution by the Owner Trustee and the Indenture Trustee of any supplemental agreement pursuant to the provisions of this Section 11.02, the Indenture Trustee shall transmit by first-class mail a notice, setting forth in general terms the substance of such supplemental agreement, to all Holders, as the names and addresses of such Holders appear on the Register. Any failure of the Indenture Trustee to mail such notice, or any defect therein, shall not, however, in any way impair or affect the validity of any such supplemental agreement.