Amendments Without Consent of Holders. (a) The Company and the Trustee may amend or supplement the Indenture or the Notes without notice to or the consent of any Noteholder (i) to cure any ambiguity, defect or inconsistency in the Indenture or the Notes; (ii) to comply with Section 5.01; (iii) to comply with any requirements of the Commission in connection with the qualification of the Indenture under the Trust Indenture Act; (iv) to evidence and provide for the acceptance of appointment hereunder by a successor Trustee; (v) to provide for uncertificated Notes in addition to or in place of certificated Notes, provided that the uncertified Notes are issued in registered form for purposes of Section 163(f) of the Code, or in a manner such that the uncertificated Notes are described in Section 163(f)(2)(B) of the Code; (vi) to provide for any guarantee of the Notes, to secure-the Notes or to confirm and evidence the release, termination or discharge of any guarantee of or lien securing the Notes when such release, termination or discharge is permitted by the Indenture; (vii) to provide for or confirm the issuance of Additional Notes; or (viii) to make any other change that does not materially and adversely affect the rights of any Holder.
Appears in 7 contracts
Samples: Indenture (Ipalco Enterprises, Inc.), Indenture (Ipalco Enterprises, Inc.), Indenture (Ipalco Enterprises, Inc.)
Amendments Without Consent of Holders. (a) The Company Notwithstanding Section 9.02, without the consent of any Holder of Notes, the Company, the Guarantors and the Trustee may amend or supplement the Indenture this Indenture, or the Notes without notice to or the consent of any NoteholderNote Guarantees:
(ia) to cure any ambiguity, defect or inconsistency in the Indenture or the Notesinconsistency;
(ii) to comply with Section 5.01;
(iii) to comply with any requirements of the Commission in connection with the qualification of the Indenture under the Trust Indenture Act;
(iv) to evidence and provide for the acceptance of appointment hereunder by a successor Trustee;
(vb) to provide for uncertificated Notes in addition to or in place of certificated Certificated Notes, provided that the uncertified Notes are issued in registered form for purposes of Section 163(f) of the Code, or in a manner such that the uncertificated Notes are described in Section 163(f)(2)(B) of the Code;
(vic) to provide for any guarantee the assumption of the Notes, Company’s or any Guarantor’s obligations to secure-Holders of Notes in the Notes case of a merger or to confirm and evidence consolidation or sale of all or substantially all of the release, termination assets of the Company or discharge of any guarantee of or lien securing the Notes when such release, termination or discharge is permitted by the IndentureGuarantor;
(viid) to make any change that would provide any additional rights or benefits to the Holders of Notes or that does not adversely affect the legal rights under this Indenture of any such Holder;
(e) to comply with requirements of the Commission in order to effect or maintain the qualification of this Indenture under the Trust Indenture Act;
(f) to comply with the requirements of Section 4.10;
(g) to evidence and provide for the acceptance of appointment by a successor Trustee;
(h) to provide for or confirm the issuance of Additional NotesNotes in accordance with this Indenture; or
(viiii) to make conform any other change that does not materially and adversely affect provision to the rights “Description of any HolderNotes” in the Offering Memorandum.
Appears in 6 contracts
Samples: Indenture (SB/RH Holdings, LLC), Indenture (SB/RH Holdings, LLC), Indenture (SB/RH Holdings, LLC)
Amendments Without Consent of Holders. (a) The Company Company, the Guarantors and the Trustee may amend amend, modify or supplement the this Indenture or the Notes without notice to or the consent of any Noteholder
(i1) to cure any ambiguity, defect or inconsistency in the this Indenture or the Notes;
(ii2) to comply with Section 5.01Article 5;
(iii3) to comply with any requirements of the Commission SEC in connection with the qualification of the this Indenture under the Trust Indenture Act;
(iv4) to evidence and provide for the acceptance of an appointment hereunder by a successor Trustee;
(v5) to provide for uncertificated Notes in addition to or in place of certificated Notes, provided that the uncertified uncertificated Notes are issued in registered form for purposes of Section 163(f) of the Code, or in a manner such that the uncertificated Notes are described in Section 163(f)(2)(B) of the Code;
(vi6) to provide for any guarantee Guarantee of the Notes, to secure-secure the Notes or to confirm and evidence the release, termination or discharge of any guarantee Guarantee of or lien Lien securing the Notes when such release, termination or discharge is permitted by the this Indenture;
(vii7) to provide for or confirm the issuance of Additional Notes;
(8) to conform the text of this Indenture or the Notes to any provision of the “Description of the Notes” section of the Offering Memorandum to the extent that such provision in such “Description of the Notes” section was intended to be a verbatim recitation of a provision of this Indenture or the Notes; or
(viii9) to make any other change that does not materially and adversely affect the rights of any Holder.
Appears in 4 contracts
Samples: Indenture (Sandridge Energy Inc), Indenture (Sandridge Energy Inc), Indenture (Sandridge Energy Inc)
Amendments Without Consent of Holders. (a) The Company and the Trustee may amend or supplement the this Indenture or the Notes without notice to or the consent of any Noteholder:
(i) to cure any ambiguity, defect or inconsistency in the this Indenture or the Notes;
(ii) to comply with Section 5.01;
(iii) to comply with any requirements of the Commission in connection with the qualification of the this Indenture under the Trust Indenture Act;
(iv) to evidence and provide for the acceptance of appointment hereunder by a successor Trustee;
(v) to provide for uncertificated Notes in addition to or in place of certificated Certificated Notes, provided that the uncertified uncertificated Notes are issued in registered form for purposes of Section 163(f) of the Internal Revenue Code of 1986, as amended (the “Code”), or in a manner such that the uncertificated Notes are described in Section 163(f)(2)(B) of the Code;
(vi) to provide for any guarantee of the Notes, to secure-secure the Notes or to confirm and evidence the release, termination or discharge of any guarantee of or lien securing the Notes when such release, termination or discharge is permitted by the this Indenture;
(vii) to provide for or confirm the issuance of Additional Notes; or
(viii) to make any other change that does not materially and adversely affect the rights of any Holder.
Appears in 3 contracts
Samples: Indenture (DPL Inc), Indenture (DPL Inc), Indenture (DPL Inc)
Amendments Without Consent of Holders. (a) The Company and the Trustee may amend or supplement the this Indenture or the Notes or any Note Guaranty without notice to or the consent of any Noteholder:
(i1) to cure any ambiguity, defect defect, mistake or inconsistency in the this Indenture or the NotesNotes or the Note Guaranties;
(ii2) to comply with Section 5.01Article 5;
(iii3) to comply with any requirements of the Commission in connection with the qualification of the Indenture under the Trust Indenture Act[reserved];
(iv4) to evidence and provide for the acceptance of an appointment hereunder by a successor Trustee;
(v5) to provide for uncertificated Notes in addition to or in place of certificated Notes, provided that the uncertified Notes are issued in registered form for purposes of Section 163(f) of the Code, or in a manner such that the uncertificated Notes are described in Section 163(f)(2)(B) of the Code;
(vi6) to provide for any guarantee Guarantee of the Notes, to secure-secure the Notes or to confirm and evidence the release, termination or discharge of any guarantee Guarantee of or lien Lien securing the Notes when such release, termination or discharge is permitted by the this Indenture;
(vii7) to provide for or confirm the issuance of Additional Notes; or;
(viii8) to make any amendment to the provisions of Article 2 as permitted by this Indenture; provided that (i) compliance with this Indenture as so amended would not result in Notes being transferred in violation of any applicable securities law and (ii) such amendment does not materially and adversely affect the rights of the Holders to transfer Notes;
(9) to make any other change that would provide additional rights or benefits to the Holders or that does not materially and adversely affect the rights of any Holder; or
(10) to conform any provision to the section entitled “Description of the Notes” in the Offering Memorandum.
Appears in 3 contracts
Samples: Indenture (Consensus Cloud Solutions, Inc.), Indenture (Consensus Cloud Solutions, Inc.), Indenture (J2 Global, Inc.)
Amendments Without Consent of Holders. (a) The Company and the Trustee may amend or supplement the Indenture or this Indenture, the Notes and the Collateral Documents, without notice to or the consent of any Noteholder:
(i1) to cure any ambiguity, defect or inconsistency in the Indenture or the Notesinconsistency;
(ii2) provide for the assumption of the Company’s obligation in the case of a transaction subject to comply with the provisions of Section 5.01;
(iii3) to comply with any requirements of the Commission in connection with the for qualification of the this Indenture under the Trust Indenture ActTIA;
(iv4) to evidence and provide for the acceptance of an appointment hereunder by a successor Trustee;
(v5) to provide for uncertificated Notes in addition to or in place of certificated Certificated Notes, provided that the uncertified uncertificated Notes are issued in registered form for purposes of Section 163(f) of the Code, or in a manner such that the uncertificated Notes are described in Section 163(f)(2)(B) of the Code;
(vi6) to provide for any guarantee Guarantee of the Notes, to secure-secure the Notes or to confirm and evidence the release, termination or discharge of any guarantee Guarantee of or lien Lien securing the Notes when such release, termination or discharge is permitted by the this Indenture;
(vii7) to provide for add additional covenants of the Company or confirm its Subsidiaries, to surrender rights conferred upon the issuance of Additional Notes; orCompany or its subsidiaries, or to confer additional benefits upon the Holders;
(viii) 8) to make any other change that does not materially and adversely affect the rights of any Holder; and
(9) to enter into additional or supplemental Collateral Documents.
Appears in 3 contracts
Samples: Indenture (Foster Wheeler LTD), Indenture (Foster Wheeler Inc), Indenture (Foster Wheeler Inc)
Amendments Without Consent of Holders. (a) The Company and the Trustee may amend or supplement the Indenture or the Notes without notice to or the consent of any Noteholder
(i1) to cure any ambiguity, defect or inconsistency in the Indenture or the Notes;
(ii2) to comply with Section 5.01Article 5;
(iii3) to comply with any requirements of the Commission SEC in connection with the qualification of the Indenture under the Trust Indenture Act;
(iv4) to evidence and provide for the acceptance of an appointment hereunder by a successor Trustee;
(v5) to provide for uncertificated Notes in addition to or in place of certificated Certificated Notes, provided that the uncertified uncertificated Notes are issued in registered form for purposes of Section 163(f) of the Code, or in a manner such that the uncertificated Notes are described in Section 163(f)(2)(B) of the Code;
(vi6) to provide for any guarantee Guarantee of the Notes, to secure-secure the Notes or to confirm and evidence the release, termination or discharge of any guarantee Guarantee of or lien Lien securing the Notes when such release, termination or discharge is permitted by the Indenture;
(vii7) to provide for or confirm the issuance of Additional Notes; or;
(viii) 8) to make any other change that does not materially and adversely affect the rights of any Holder;
(9) to provide for the issuance of Exchange Notes or Private Exchange Notes;
(10) to add to the covenants of the Company for the benefit of the Noteholders;
(11) to add additional Events of Default; or
(12) to conform any provision hereof to the “Description of the Notes” section in the Offering Memorandum.
Appears in 3 contracts
Samples: Indenture (Huntington Ingalls Industries, Inc.), Indenture (Huntington Ingalls Industries, Inc.), Indenture (Huntington Ingalls Industries, Inc.)
Amendments Without Consent of Holders. (a) The Company Company, the Guarantors and the Trustee may amend or supplement modify the Indenture or the Notes without notice to or the consent of any Noteholder
(i1) to cure any ambiguity, defect or inconsistency in the Indenture or the Notes;
(ii2) to comply with Section 5.01Article 5;
(iii3) to comply with any requirements of the Commission in connection with the qualification of the Indenture under the Trust Indenture Act;
(iv4) to evidence and provide for the acceptance of appointment hereunder by a successor Trustee;
(v5) to provide for uncertificated Notes in addition to or in place of certificated Notes, provided that the uncertified Notes are issued in registered form for purposes of Section 163(f) of the Internal Revenue Code, or in a manner such that the uncertificated Notes are described in Section 163(f)(2)(B) of the Internal Revenue Code;
(vi6) to provide for any guarantee Guaranty of the Notes, to secure-secure the Notes or to confirm and evidence the release, termination or discharge of any guarantee Guaranty of or lien Lien securing the Notes when such release, termination or discharge is permitted by the Indenture;
(vii7) to provide for or confirm the issuance of Additional Notes; or;
(viii) 8) to make any other change that does not materially and adversely affect the rights of any Holder; or
(9) to add covenants to Article 4 for the benefit of the Holders or surrender any right or power conferred upon the Company or the Guarantors.
Appears in 2 contracts
Samples: Indenture (Roadway Corp), Indenture (Yellow Roadway Corp)
Amendments Without Consent of Holders. (a) The Company and the Trustee may amend or supplement the this Indenture or the Notes without notice to or the consent of any Noteholder
(ia) to cure any ambiguity, defect or inconsistency in the this Indenture or the Notes;
(iib) to comply with Section 5.01Article 5;
(iiic) to comply with any requirements of the Commission in connection with the qualification of the this Indenture under the Trust Indenture Act;
(ivd) to evidence and provide for the acceptance of appointment hereunder by a successor Trustee;
(ve) to provide for uncertificated Notes in addition to or in place of certificated Notes, provided that the uncertified uncertificated Notes are issued in registered form for purposes of Section 163(f) of the Code, or in a manner such that the uncertificated Notes are described in Section 163(f)(2)(B) of the Code;
(vif) to provide for any guarantee Guarantee of the Notes, to secure-secure the Notes or to confirm and evidence the release, termination or discharge of any guarantee Guarantee of or lien Lien securing the Notes when such release, termination or discharge is permitted by the this Indenture;
(viig) to provide for or confirm the issuance of Additional Notes; or
(viiih) to make any other change that does not materially and adversely affect the rights of any Holder.
Appears in 2 contracts
Samples: Indenture (Allegheny Technologies Inc), Indenture (Toys R Us Inc)
Amendments Without Consent of Holders. (a) The Company and the Trustee may amend or supplement the Indenture or the Notes without notice to or the consent of any Noteholder:
(ia) to cure any ambiguity, omission, defect or inconsistency in the Indenture or the Notes, provided that such amendment or supplement does not adversely affect the rights of Holders of the Notes;
(iib) to comply with Article 5 or Section 5.0110.12;
(iiic) to comply with the Trust Indenture Act or any amendment thereto, or to comply with any requirements of the Commission in connection with the qualification of the Indenture under the Trust Indenture Act;
(ivd) to evidence and provide for the acceptance of an appointment hereunder by a successor Trustee;
(ve) to provide for uncertificated Notes in addition to or in place of certificated Notes, provided that the uncertified Notes are issued in registered form for purposes of Section 163(f) of the Code, or in a manner such that the uncertificated Notes are described in Section 163(f)(2)(B) of the Code;
(vif) to provide for any guarantee of secure the Notes, to secure-the Notes or to confirm and evidence the release, termination or discharge of any guarantee of or lien securing the Notes when such release, termination or discharge is permitted by the Indenture;
(viig) to provide add guarantees with respect to the Notes;
(h) to add to the covenants of the Company for the benefit of the Holders or confirm to surrender any right or power herein conferred upon the issuance Company;
(i) to add any additional Events of Additional NotesDefault;
(j) to comply with the rules of any applicable securities depositary; or
(viiik) to make any other change that does not materially and adversely affect the rights of any Holder.
Appears in 2 contracts
Samples: Indenture (Power One Inc), Securities Purchase Agreement (Power One Inc)
Amendments Without Consent of Holders. (a) The Company and the Trustee may amend or supplement the this Indenture or the Notes without notice to or the consent of any Noteholder
(i1) to cure or reform any ambiguity, defect defect, mistake, manifest error, omission or inconsistency in the this Indenture or the Notes;
(ii2) to comply with Section 5.01Article 5;
(iii3) to comply with any requirements of the Commission SEC in connection with the qualification of the this Indenture under the Trust Indenture ActAct or otherwise;
(iv4) to evidence and provide for the acceptance of an appointment hereunder by a successor Trustee;
(v5) to provide for uncertificated Notes in addition to or in place of certificated Notes, provided that the uncertified uncertificated Notes are issued in registered form for purposes of Section 163(f) of the Code, or in a manner such that the uncertificated Notes are described in Section 163(f)(2)(B) of the Code;
(vi6) to provide for any guarantee Guarantee of the Notes, to secure-secure the Notes or to confirm and evidence the release, termination or discharge of any guarantee Guarantee of or lien Lien securing the Notes when such release, termination or discharge is permitted by the this Indenture;
(vii7) to provide for or confirm the issuance of Additional Notes; or;
(viii8) to add to the covenants of the Company for the benefit of the Noteholders or to surrender any right or power conferred upon the Company;
(9) to provide additional rights or benefits to the Holders or to make any other change that does not materially and adversely affect the rights of any Holder; or
(10) to conform the text of this Indenture or the Notes to any provision of the “Description of Notes” section of the Prospectus Supplement.
Appears in 2 contracts
Samples: Senior Notes Indenture (Black Knight Financial Services, Inc.), Senior Notes Indenture (Lender Processing Services, Inc.)
Amendments Without Consent of Holders. (a) The Company Company, the Issuer, the Guarantors and the Trustee may amend or supplement the Indenture or the Notes without notice to or the consent of any NoteholderHolder
(ia) to cure any ambiguity, defect or inconsistency in the Indenture or the NotesNotes that does not adversely affect the interests of the Holders;
(iib) to comply with Section 5.014.14;
(iiic) to comply with any requirements of the Commission in connection with the qualification of the Indenture under the Trust Indenture Act;
(ivd) to evidence and provide for the acceptance of appointment hereunder by a successor Trustee;
(ve) to provide for uncertificated Notes in addition to or in place of certificated Notes, provided that the uncertified Notes are issued in registered form for purposes of Section 163(f) of the Code, or in a manner such that the uncertificated Notes are described in Section 163(f)(2)(B) of the Code;
(vif) to provide for any guarantee Guarantee of the Notes, to secure-secure the Notes or to confirm and evidence the release, termination or discharge of any guarantee Guarantee of or lien Lien securing the Notes when such release, termination or discharge is permitted by the Indenture;
(viig) to provide for or confirm the issuance of Additional Notes; or
(viiih) to make any other change that does not materially and adversely affect the legal rights of any Holder.
Appears in 2 contracts
Samples: Indenture (Hovnanian Enterprises Inc), Indenture (Hovnanian Enterprises Inc)
Amendments Without Consent of Holders. (a) The Company and the Trustee may amend or supplement the Indenture or the Notes without notice to or the consent of any Noteholder:
(i) to cure any ambiguity, defect or inconsistency in the Indenture or the Notes;
(ii) to comply with Section 5.01;
(iii) to comply with any requirements of the Commission in connection with the qualification of the Indenture under the Trust Indenture Act;
(iv) to evidence and provide for the acceptance of appointment hereunder by a successor Trustee;
(v) to provide for uncertificated Notes in addition to or in place of certificated Notes, provided that the uncertified uncertificated Notes are issued in registered form for purposes of Section 163(f) of the Code, or in a manner such that the uncertificated Notes are described in Section 163(f)(2)(B) of the Code;
(vi) to provide for any guarantee of the Notes, to secure-secure the Notes or to confirm and evidence the release, termination or discharge of any guarantee of or lien securing the Notes when such release, termination or discharge is permitted by the Indenture;
(vii) to provide for or confirm the issuance of Additional Notes; or
(viii) to make any other change that does not materially and adversely affect the rights of any Holder.
Appears in 2 contracts
Samples: Indenture (DPL Inc), Indenture (Aes Corp)
Amendments Without Consent of Holders. (a) The Company Company, the Issuer, the Guarantors and the Trustee may amend or supplement the Indenture or the Notes without notice to or the consent of any NoteholderHolder
(ia) to cure any ambiguity, defect or inconsistency in the Indenture or the Notes;
(iib) to comply with Section 5.014.14;
(iiic) to comply with any requirements of the Commission in connection with the qualification of the Indenture under the Trust Indenture Act;
(ivd) to evidence and provide for the acceptance of appointment hereunder by a successor Trustee;
(ve) to provide for uncertificated Notes in addition to or in place of certificated Notes, provided that the uncertified Notes are issued in registered form for purposes of Section 163(f) of the Code, or in a manner such that the uncertificated Notes are described in Section 163(f)(2)(B) of the Code;
(vif) to provide for any guarantee Guarantee of the Notes, to secure-secure the Notes or to confirm and evidence the release, termination or discharge of any guarantee Guarantee of or lien Lien securing the Notes when such release, termination or discharge is permitted by the Indenture;
(viig) to provide for or confirm the issuance of Additional Notes; or
(viiih) to make any other change that does not materially and adversely affect the legal rights of any Holder.
Appears in 2 contracts
Samples: Indenture (Hovnanian Enterprises Inc), Indenture (Hovnanian Enterprises Inc)
Amendments Without Consent of Holders. (a) The Company Company, the Guarantors and the Trustee may amend amend, modify or supplement the this Indenture or the Notes without notice to or the consent of any Noteholder:
(i1) to cure any ambiguity, defect or inconsistency in the this Indenture or the Notes;
(ii2) to comply with Section 5.01Article 5;
(iii3) to comply with any requirements of the Commission SEC in connection with the qualification of the this Indenture under the Trust Indenture Act;
(iv4) to evidence and provide for the acceptance of an appointment hereunder by a successor Trustee;
(v5) to provide for uncertificated Notes in addition to or in place of certificated Notes, provided that the uncertified Notes are issued in registered form for purposes of Section 163(f) of the Code, or in a manner such that the uncertificated Notes are described in Section 163(f)(2)(B) of the Code;
(vi6) to provide for any guarantee Guarantee of the Notes, to secure-secure the Notes or to confirm and evidence the release, termination or discharge of any guarantee Guarantee of or lien Lien securing the Notes when such release, termination or discharge is permitted by the this Indenture;
(vii7) to provide for or confirm the issuance of Additional Notes;
(8) to conform the text of this Indenture or the Notes to any provision of the “Description of Notes” section of the Offering Memorandum to the extent that such provision in such “Description of Notes” section was intended to be a verbatim recitation of a provision of this Indenture or the Notes; or
(viii9) to make any other change that does not materially and adversely affect the rights of any Holder.
Appears in 2 contracts
Samples: Indenture (Sandridge Energy Inc), Indenture (Sandridge Energy Inc)
Amendments Without Consent of Holders. (a) The Company and the Trustee may amend or supplement the Indenture or the Notes without notice to or the consent of any Noteholder
(i1) to cure any ambiguity, defect or inconsistency in the Indenture or the Notes, provided that such amendments or supplements shall not, in the good faith opinion of the Board of Directors of the Company as evidenced by a board resolution, adversely affect the interest of the holders in any material respect;
(ii2) to comply with Section 5.014.07 or Article 5;
(iii3) to comply with any requirements of the Commission in connection with the qualification of the Indenture under the Trust Indenture Act;
(iv4) to evidence and provide for the acceptance of an appointment hereunder by a successor TrusteeXxxxxxx;
(v5) make any change that, in the good faith opinion of the Board of Directors as evidenced by a Board Resolution, does not materially and adversely affect the rights of any Holder;
(6) to provide for uncertificated Notes in addition to or in place of certificated Notes, provided that the uncertified Notes are issued in registered form for purposes of Section 163(f) of the Code, or in a manner such that the uncertificated Notes are described in Section 163(f)(2)(B) of the Code;
(vi7) to provide for any guarantee the issuance of the Notes, to secure-the Additional Notes or to confirm and evidence the release, termination or discharge of any guarantee of or lien securing the Notes when such release, termination or discharge is permitted by in accordance with the Indenture;
(vii8) add Guarantees with respect to the Notes in accordance with the applicable provisions of the Indenture;
(9) to provide for or confirm secure the issuance of Additional Notes; or
(viii10) to make conform any other change that does not materially and adversely affect provision contained in this Indenture to the rights Section titled “Description of any Holderthe Notes” contained in the Offering Memorandum.
Appears in 2 contracts
Samples: Indenture (E Trade Financial Corp), Indenture (E Trade Financial Corp)
Amendments Without Consent of Holders. (a) The Company and the Trustee may amend or supplement the Indenture or the Notes without notice to or the consent of any Noteholder
(i1) to cure any ambiguity, defect or inconsistency in the Indenture or the Notes;
(ii2) to comply with Section 5.01Article 5 ;
(iii3) to comply with any requirements of the Commission in connection with the qualification of the Indenture under the Trust Indenture Act;
(iv4) to evidence and provide for the acceptance of an appointment hereunder by a successor Trustee;
(v5) to provide for uncertificated Notes in addition to or in place of certificated Certificated Notes, provided that the uncertified uncertificated Notes are issued in registered form for purposes of Section 163(f) of the Code, or in a manner such that the uncertificated Notes are described in Section 163(f)(2)(B) of the Code;
(vi6) to provide for any guarantee Guarantee of the Notes, to secure-secure the Notes or to confirm and evidence the release, termination or discharge of any guarantee Guarantee of or lien Lien securing the Notes when such release, termination or discharge is permitted by the Indenture;
(vii7) to provide for or confirm the issuance of Additional Notes;
(8) to conform the text of the Indenture or the Notes to any provision of the "Description of Notes" section of the Offering Memorandum; or
(viii9) to make any other change that would provide any additional rights or benefits to the Noteholders or that does not materially and adversely affect the rights of any Holder.
Appears in 2 contracts
Samples: Indenture (Vitro Sa De Cv), Indenture (Vitro Sa De Cv)
Amendments Without Consent of Holders. (a) The Company and the Trustee may amend or supplement the Indenture Indenture, the Notes or the Notes Note Guarantees without notice to or the consent of any Noteholder
(i1) to cure any ambiguity, omission, defect or inconsistency in the Indenture or the Notes;
(ii2) to comply with Section 5.01Article 5;
(iii3) to comply with any requirements of the Commission in connection with the qualification of the Indenture under the Trust Indenture Act;
(iv4) to evidence and provide for the acceptance of an appointment hereunder by a successor Trustee;
(v5) to provide for uncertificated Notes in addition to or in place of certificated Notes, provided that the uncertified uncertificated Notes are issued in registered form for purposes of Section 163(f) of the Code, or in a manner such that the uncertificated Notes are described in Section 163(f)(2)(B) of the Code;
(vi6) to provide for any guarantee Guarantee of the Notes, to secure-secure the Notes or to confirm and evidence the release, termination or discharge of any guarantee Guarantee of or lien Lien securing the Notes when such release, termination or discharge is permitted by the Indenture;
(vii7) to provide for or confirm the issuance of the Exchange Notes or Additional Notes;
(8) to conform to the “Description of Notes” in the Offering Circular; or
(viii9) to make any other change that does not materially and adversely affect the rights of any Holder.
Appears in 1 contract
Amendments Without Consent of Holders. (a) The Company and the Trustee may amend or supplement the Indenture or the Notes without notice to or the consent of any Noteholder
(i1) to cure any ambiguity, defect or inconsistency in the Indenture or the Notes;
(ii2) to comply with Section 5.01;
(iii3) to comply with any requirements of the Commission in connection with the qualification of the Indenture under the Trust Indenture Act;
(iv4) to evidence and provide for the acceptance of appointment hereunder by a successor Trustee;
(v5) to provide for uncertificated Notes in addition to or in place of certificated Notes, provided that the uncertified Notes are issued in registered form for purposes of Section 163(f) of the Code, or in a manner such that the uncertificated Notes are described in Section 163(f)(2)(B) of the Code;
(vi6) to provide for any guarantee of the Notes, to secure-secure the Notes or to confirm and evidence the release, termination or discharge of any guarantee of or lien securing the Notes when such release, termination or discharge is permitted by the Indenture;
(vii7) to provide for or confirm the issuance of Additional Notes; or
(viii) 8) to make any other change that does not materially and adversely affect the rights of any Holder.
Appears in 1 contract
Samples: Indenture (Ipalco Enterprises Inc)
Amendments Without Consent of Holders. (a) The Company Company, the Guarantors and the Trustee may amend amend, modify or supplement the this Indenture or the Notes without notice to or the consent of any Noteholder
(i1) to cure any ambiguity, defect or inconsistency in the this Indenture or the Notes;
(ii2) to comply with Section 5.01Article 5;
(iii3) to comply with any requirements of the Commission SEC in connection with the qualification of the this Indenture under the Trust Indenture Act;
(iv4) to evidence and provide for the acceptance of an appointment hereunder by a successor Trustee;
(v5) to provide for uncertificated Notes in addition to or in place of certificated Notes, provided that the uncertified Notes are issued in registered form for purposes of Section 163(f) of the Code, or in a manner such that the uncertificated Notes are described in Section 163(f)(2)(B) of the Code;
(vi6) to provide for any guarantee Guarantee of the Notes, to secure-secure the Notes or to confirm and evidence the release, termination or discharge of any guarantee Guarantee of or lien Lien securing the Notes when such release, termination or discharge is permitted by the this Indenture;
(vii7) to provide for or confirm the issuance of Additional Notes;
(8) to conform the text of this Indenture or the Notes to any provision of the “Description of Notes” section of the Offering Memorandum to the extent that such provision in such “Description of Notes” section was intended to be a verbatim recitation of a provision of this Indenture or the Notes; or
(viii9) to make any other change that does not materially and adversely affect the rights of any Holder.
Appears in 1 contract
Samples: Indenture (Sandridge Energy Inc)
Amendments Without Consent of Holders. (a) The Company Company, the Guarantors and the Trustee may amend or supplement the this Indenture or the Notes without notice to or the consent of any Noteholder:
(i1) to cure any ambiguity, defect or inconsistency in the this Indenture or the Notes;
(ii2) to comply with Section 5.01Article 5;
(iii3) to comply with any requirements of the Commission in connection with the qualification of the this Indenture under the Trust Indenture Act;
(iv4) to evidence and provide for the acceptance of an appointment hereunder by a successor Trustee;
(v5) to provide for uncertificated Notes in addition to or in place of certificated Notes, provided that the uncertified Notes are issued in registered form for purposes of Section 163(f) of the Code, or in a manner such that the uncertificated Notes are described in Section 163(f)(2)(B) of the Code;
(vi6) to provide for any guarantee of the NotesNote Guarantee, to secure-secure the Notes or to confirm and evidence the release, termination or discharge of any guarantee Note Guarantee of or lien Lien securing the Notes when such release, termination or discharge is permitted by the this Indenture;
(vii7) to provide for or confirm the issuance of Additional Notes; or;
(viii) 8) to make any other change that does not materially and adversely affect the rights of any Holder; or
(9) to conform any provision of this Indenture or the Notes to the “Description of Notes” in the Offering Memorandum, as determined by the Company and set forth in an Officers’ Certificate delivered to the Trustee.
Appears in 1 contract
Samples: Indenture (UWM Holdings Corp)
Amendments Without Consent of Holders. (a) The Company and the Trustee (including in its capacity as Collateral Agent) may amend or supplement the Indenture or this Indenture, the Notes and the Collateral Documents without notice to or the consent of any Noteholder
(i1) to cure any ambiguity, defect or inconsistency in this Indenture, the Indenture Notes or the NotesCollateral Documents;
(ii2) to comply with Section 5.015.01 or 5.02;
(iii3) to comply with any requirements of the Commission in connection with the qualification of the this Indenture under the Trust Indenture Act;
(iv4) to evidence and provide for the acceptance of an appointment hereunder by a successor Trustee;
(v5) to provide for uncertificated Notes in addition to or in place of certificated Notes, provided that the uncertified uncertificated Notes are issued in registered form for purposes of Section 163(f) of the Code, or in a manner such that the uncertificated Notes are described in Section 163(f)(2)(B) of the Code;
(vi6) to provide for any guarantee Guarantee of the Notes, to secure-secure the Notes or to confirm and evidence the release, termination or discharge of any guarantee Guarantee of or lien Lien securing the Notes when such release, termination or discharge is permitted by the this Indenture;
(vii) to provide for or confirm the issuance of Additional Notes; or
(viii7) to make any other change that does not materially and adversely affect the rights of any Holder.
Appears in 1 contract
Amendments Without Consent of Holders. (a) The Company and the Trustee may amend or supplement the this Indenture or the Notes without notice to or the consent of any Noteholder:
(i1) to cure any ambiguity, defect or inconsistency in the this Indenture or the Notes;
(ii2) to comply with Section 5.01Article 5;
(iii3) to comply with any requirements of the Commission SEC in connection with the qualification of the this Indenture under the Trust Indenture Act;
(iv4) to evidence and provide for the acceptance of an appointment hereunder by a successor Trustee;
(v5) to provide for uncertificated Notes in addition to or in place of certificated Notes, provided that the uncertified Notes are issued in registered form for purposes of Section 163(f) of the Code, or in a manner such that the uncertificated Notes are described in Section 163(f)(2)(B) of the Code;
(vi6) to provide for any guarantee Guarantee of the Notes, to secure-secure the Notes or to confirm and evidence the release, termination or discharge of any guarantee Guarantee of or lien Lien securing the Notes when such release, termination or discharge is permitted by the this Indenture;
(vii7) to provide for or confirm the issuance of Additional Notes; or;
(viii) 8) to make any other change that does not materially and adversely affect the rights of any Holder; or
(9) to conform any provision of this Indenture or the Notes to the “Description of Notes” in the Offering Memorandum, as set forth in an Officers’ Certificate.
Appears in 1 contract
Samples: Indenture (UWM Holdings Corp)
Amendments Without Consent of Holders. (a) The Company and the Trustee may amend or supplement the Indenture or the Notes without notice to or the consent of any Noteholder
(i1) to cure any ambiguity, defect or inconsistency in the Indenture or the Notes;
(ii2) to comply with Section 5.01Article 5;
(iii3) to comply with any requirements of the Commission in connection with the qualification of the Indenture under the Trust Indenture Act;
(iv4) to evidence and provide for the acceptance of an appointment hereunder by a successor Trustee;
(v5) to provide for uncertificated Notes in addition to or in place of certificated Notes, provided that the uncertified uncertificated Notes are issued in registered form for purposes of Section 163(f) of the Code, or in a manner such that the uncertificated Notes are described in Section 163(f)(2)(B) of the Code;
(vi6) to provide for any guarantee Guarantee of the Notes, to secure-secure the Notes or to confirm and evidence the release, termination or discharge of any guarantee Guarantee of or lien Lien securing the Notes when such release, termination or discharge is permitted by the Indenture;
(vii7) to provide for or confirm the issuance of Additional Notes; or;
(viii) 8) to make any other change that does not materially and adversely affect the rights of any Holder;
(9) to add to the covenants of the Company for the benefit of the Noteholders;
(10) to add additional Events of Default; or
(11) to conform any provision hereof to the “Description of Notes” section in the Offering Circular.
Appears in 1 contract
Amendments Without Consent of Holders. (a) The Company and the Trustee may amend or supplement the Indenture or the Notes without notice to or the consent of any Noteholder:
(i1) to cure any ambiguity, defect or inconsistency in the Indenture or the Notes;
(ii2) to comply with Section 5.01Article 5;
(iii3) to comply with any requirements of the Commission SEC in connection with the qualification of the Indenture indenture under the Trust Indenture Act;
(iv4) to evidence and provide for the acceptance of an appointment hereunder by a successor Trustee;
(v5) to provide for uncertificated Notes in addition to or in place of certificated Notes, provided that the uncertified Notes are issued in registered form for purposes of Section 163(f) of the Code, or in a manner such that the uncertificated Notes are described in Section 163(f)(2)(B) of the Code;
(vi6) to provide for any guarantee Guarantee of the Notes, to secure-secure the Notes or to confirm and evidence the release, termination or discharge of any guarantee Guarantee of or lien Lien securing the Notes when such release, termination or discharge is permitted by the Indenture;
(vii7) to provide for or confirm the issuance of Additional Notes; or;
(viii) 8) to make any other change that does not materially and adversely affect the rights of any Holder; or
(9) to conform any provision of the Indenture or the Notes to the “Description of Notes” in the Offering Memorandum, as set forth in an Officers’ Certificate.
Appears in 1 contract
Samples: Indenture (UWM Holdings Corp)
Amendments Without Consent of Holders. (a) The Company and the Guarantors, when authorized by a Board Resolution, and the Trustee may supplement, amend or supplement modify the Indenture or the Notes of any series without notice to or the consent of any Noteholder:
(i1) to cure any ambiguity, defect or inconsistency in the Indenture or the Notesinconsistency;
(ii2) to comply with Section 5.01Article 5;
(iii3) to comply with any requirements of the Commission in connection with the qualification of the Indenture under the Trust Indenture Act;
(iv4) to evidence and provide for the acceptance of appointment hereunder by a successor Trustee;
(v5) to provide for uncertificated Notes in addition to or in place of certificated Notes, provided that the uncertified Notes are issued in registered form for purposes of Section 163(f) of the Internal Revenue Code, or in a manner such that the uncertificated Notes are described in Section 163(f)(2)(B) of the Internal Revenue Code;
(vi6) to provide for any guarantee of the Notes, to secure-secure the Notes or to confirm and evidence the release, termination or discharge of any guarantee of or lien Lien securing the Notes when such release, termination or discharge is permitted by the Indenture;
(vii7) to provide add covenants to Article 4 for the benefit of the Holders of any one or confirm more series of Notes or surrender any right or power conferred upon the issuance of Additional Company or the Guarantors with respect to such Notes; or;
(viii) 8) to make any other change that does not materially and adversely affect the rights of any Holder; or
(9) to establish additional series of Notes as permitted by Section 2.01 hereof.
Appears in 1 contract
Samples: Indenture (Roadway Corp)
Amendments Without Consent of Holders. (a) The Company Issuer, the Guarantors and the Trustee may amend or supplement this Indenture, the Indenture Notes or the Notes Guarantees without notice to or the consent of any Noteholder:
(i) to cure any ambiguity, defect omission, defect, inconsistency or inconsistency to correct a manifest error in this Indenture, the Indenture Notes or the NotesGuarantees;
(ii) to comply with Section 5.015.01 and Section 9.03;
(iii) to comply with any requirements of the Commission in connection with the qualification of the Indenture under the Trust Indenture Act;
(iv) to evidence and provide for the acceptance of an appointment hereunder by a successor Trustee;
(viv) to provide for uncertificated Notes in addition to or in place of certificated Notes, Certificated Notes provided that the uncertified uncertificated Notes are issued in registered form for purposes of Section 163(f) of the Code, or in a manner such that the uncertificated Notes are described in Section 163(f)(2)(B) of the Code;
(viv) to provide for any guarantee additional Guarantee of the Notes, to secure-the Notes or to secure the Notes or confirm and evidence the release, termination or discharge of any guarantee of Guarantee or lien Lien securing the Notes when such release, termination or discharge is permitted by the this Indenture;
(viivi) to provide for or confirm the issuance of Additional Notes; or;
(vii) to add to the covenants of the Issuer, Ultrapar or Ipiranga for the benefit of the Holders of the Notes;
(viii) to make any other change that does not materially and adversely affect the rights of any Holder, as provided in an Officer’s Certificate and Opinion of Counsel delivered to the Trustee; or
(ix) to conform this Indenture to the description of the Notes in the Offering Memorandum.
Appears in 1 contract
Samples: Indenture (Ultrapar Holdings Inc)
Amendments Without Consent of Holders. (a) The Company Issuer and the Trustee may amend or supplement the this Indenture or the Notes without notice to or the consent of any Noteholder:
(i1) to cure any ambiguity, defect or inconsistency in the this Indenture or the Notes;
(ii2) to comply with Section 5.01Article 5;
(iii3) to comply with any requirements of the Commission SEC in connection with the qualification of the this Indenture under the Trust Indenture Act;
(iv4) to evidence and provide for the acceptance of an appointment hereunder by a successor Trustee;
(v5) to provide for uncertificated Notes in addition to or in place of certificated Notes, provided that the uncertified Notes are issued in registered form for purposes of Section 163(f) of the Code, or in a manner such that the uncertificated Notes are described in Section 163(f)(2)(B) of the Code;
(vi6) to provide for any guarantee Guarantee of the Notes, to secure-secure the Notes or to confirm and evidence the release, termination or discharge of any guarantee Guarantee of or lien Lien securing the Notes when such release, termination or discharge is permitted by the this Indenture;
(vii7) to provide for or confirm the issuance of Additional Notes; or;
(viii) 8) to make any other change that does not materially and adversely affect the rights of any Holder; or
(9) to conform any provision of this Indenture or the Notes to the “Description of Notes” in the Offering Memorandum, as set forth in an Officers, Certificate.
Appears in 1 contract
Samples: Indenture (Home Point Capital Inc.)
Amendments Without Consent of Holders. (a) The Company and the Trustee may amend or supplement the Indenture Indenture, the Escrow Agreement or the Notes without notice to or the consent of any Noteholder
(i1) to cure any ambiguity, defect or inconsistency in the Indenture or the Notes;
(ii2) to comply with Section 5.01Article 5;
(iii3) to comply with any requirements of the Commission in connection with the qualification of the Indenture under the Trust Indenture Act;
(iv4) to evidence and provide for the acceptance of an appointment hereunder by a successor Trustee;
(v5) to provide for uncertificated Notes in addition to or in place of certificated Notes, provided that the uncertified uncertificated Notes are issued in registered form for purposes of Section 163(f) of the Code, or in a manner such that the uncertificated Notes are described in Section 163(f)(2)(B) of the Code;
(vi6) to provide for any guarantee Guarantee of the Notes, to secure-secure the Notes or to confirm and evidence the release, termination or discharge of any guarantee Guarantee of or lien Lien securing the Notes when such release, termination or discharge is permitted by the Indenture;
(vii7) to provide for or confirm the issuance of Additional Notes; or;
(viii) 8) to make any other change that does not materially and adversely affect the rights of any Holder;
(9) to provide for the issuance of Exchange Notes;
(10) to add to the covenants of the Company for the benefit of the Noteholders;
(11) to add additional Events of Default; or
(12) to conform any provision hereof to the “Description of Notes” section in the Offering Circular.
Appears in 1 contract
Amendments Without Consent of Holders. (a) The Company and the Trustee may amend or supplement the Indenture or the Notes without notice to or the consent of any Noteholder
(i1) to cure any ambiguity, defect or inconsistency in the Indenture or the Notes;
(ii2) to comply with Section 5.01Article 5;
(iii3) to comply with any requirements of the Commission in connection with the qualification of the Indenture under the Trust Indenture Act;
(iv4) to evidence and provide for the acceptance of an appointment hereunder by a successor Trustee;
(v5) to provide for uncertificated Notes in addition to or in place of certificated Notes, provided that the uncertified uncertificated Notes are issued in registered form for purposes of Section 163(f) of the Code, or in a manner such that the uncertificated Notes are described in Section 163(f)(2)(B) of the Code;
(vi6) to provide for any guarantee Guarantee of the Notes, to secure-secure the Notes or to confirm and evidence the release, termination or discharge of any guarantee Guarantee of or lien Lien securing the Notes when such release, termination or discharge is permitted by the Indenture;
(vii7) to provide for or confirm the issuance of Additional Notes; or;
(viii) 8) to make any other change that does not materially and adversely affect the rights of any Holder;
(9) to add to the covenants of the Company for the benefit of the Noteholders;
(10) to add additional Events of Default; or
(11) to conform any provision hereof to the “Description of Notes” section in the Offering Memorandum.
Appears in 1 contract
Amendments Without Consent of Holders. (a) The Company and the Trustee may amend or supplement the Indenture or the Notes without notice to or the consent of any Noteholder
(i1) to cure any ambiguity, defect or inconsistency in the Indenture or the Notes;
(ii2) to comply with Section 5.01Article 5;
(iii3) to comply with any requirements of the Commission in connection with the qualification of the Indenture under the Trust Indenture Act;
(iv4) to evidence and provide for the acceptance of an appointment hereunder by a successor Trustee;
(v) to provide for uncertificated Notes in addition to or in place of certificated Notes, provided that the uncertified Notes are issued in registered form for purposes of Section 163(f) of the Code, or in a manner such that the uncertificated Notes are described in Section 163(f)(2)(B) of the Code;
(vi5) to provide for any guarantee Guarantee of the Notes, to secure-secure the Notes or to confirm and evidence the release, termination or discharge of any guarantee Guarantee of or lien Lien securing the Notes when such release, termination or discharge is permitted by the IndentureIndenture or any applicable security documents;
(vii6) to provide for or confirm the issuance of Additional Notes;
(7) to conform the text of the Indenture, the Note Guarantees or Notes to any provision of the “Description of the Notes” contained in the offering memorandum relating to the Initial Notes to the extent that such provision in the “Description of the Notes” was intended to be a verbatim recitation of a provision of the Indenture, the Note Guarantees or the Notes; or
(viii) 8) to make any other change that does not materially and adversely affect the rights of any Holder.
Appears in 1 contract
Samples: Indenture (Digitalglobe, Inc.)
Amendments Without Consent of Holders. (a) The Company and the Trustee may amend or supplement the Indenture or and/or the Notes without notice to or the consent of any Noteholder
(i) to cure any ambiguity, defect or inconsistency in the Indenture or the Notes;
(ii) to comply with Section 5.01;Article 5
(iii) to comply with any requirements of the Commission in connection with the qualification of the Indenture under the Trust Indenture Act;
(iv) to evidence and provide for the acceptance of appointment hereunder by a successor Trustee;
(v) to provide for uncertificated Notes in addition to or in place of certificated Notes, provided that the uncertified Notes are issued in registered form for purposes of Section 163(f) of the CodeInternal Revenue Code of 1986, or in a manner such that the uncertificated Notes are described in Section 163(f)(2)(B) of the CodeInternal Revenue Code of 1986;
(vi) to provide for any guarantee Guarantee of the Notes, to secure-provide security for the Notes or to confirm and evidence the release, termination or discharge of any guarantee Guarantee of or lien Lien securing the Notes when such release, termination or discharge is permitted by the Indenture;; or
(vii) to provide for or confirm conform any provision to the issuance section in the Offering Circular entitled "Description of Additional the Notes; or
(viii) to make any other change that does not materially and adversely affect the rights of any Holder".
Appears in 1 contract
Samples: Indenture (Century Aluminum Co)
Amendments Without Consent of Holders. (a) The From time to time, the Company and the Trustee Trustee, upon the Trustee’s receipt of an Officers’ Certificate confirming compliance with the requirements of this Indenture, may amend or supplement the this Indenture or the Notes without notice to or the consent of any Noteholder:
(i) to cure any ambiguity, defect or inconsistency in the this Indenture or the Notes in a manner that is not materially adverse to the rights of the Holders of Notes;
(ii) to comply with Section 5.01Article 5, including to provide for the assumption by a successor of the obligations of the Company;
(iii) to comply with any requirements of the Commission in connection with the qualification of the Indenture under the Trust Indenture Act;
(iv) to evidence and provide for the acceptance of an appointment hereunder by a successor TrusteeTrustee hereunder;
(v) to provide for uncertificated Notes in addition to or in place of certificated Notes, provided that the uncertified Notes are issued in registered form for purposes of Section 163(f) of the Code, or in a manner such that the uncertificated Notes are described in Section 163(f)(2)(B) of the Code;
(viiv) to provide for any guarantee Guarantee of the Notes, to secure-secure the Notes or to confirm and evidence the release, termination or discharge of any guarantee Guarantee of or lien Lien securing the Notes when such release, termination or discharge is permitted by the this Indenture;
(viiv) to provide for or confirm the issuance of Additional Notes; or;
(viiivi) to comply with any requirement of the CNV, XxXX, XXX or the Luxembourg Stock Exchange;
(vii) to make any other change that does not materially and or adversely affect the rights of any Holder;
(viii) to conform any provision of this Indenture or the Notes to the “Description of the Notes” under the Offering Memorandum;
(ix) to add further covenants, restrictions, conditions or provisions as are for the benefit of the Noteholders; or
(x) to surrender any right or power conferred upon the Company.
Appears in 1 contract
Samples: Indenture (Telecom Argentina Sa)
Amendments Without Consent of Holders. (a) The Company and the Trustee may amend or supplement the this Indenture or the Notes without notice to or the consent of any NoteholderHolder or other party hereto and thereto:
(i) to cure any ambiguity, defect or inconsistency in the this Indenture or the Notes;
(ii) to comply with Section 5.01Article 5;
(iii) to comply with any requirements evidence and provide for the acceptance of the Commission in connection with the qualification of the Indenture under the Trust Indenture Actan appointment hereunder by a successor Trustee;
(iv) to evidence and provide for the acceptance substitution of appointment hereunder by a successor Trusteethe Issuer;
(v) to provide for uncertificated Notes in addition to or in place of certificated Certificated Notes, provided that the uncertified Notes are issued in registered form for purposes of Section 163(f) of the Code, or in a manner such that the uncertificated Notes are described in Section 163(f)(2)(B) of the Code;
(vi) to provide for any guarantee of the Notes, to secure-secure the Notes or to confirm and evidence the release, termination or discharge of any guarantee of or lien Lien securing the Notes when such release, termination or discharge is permitted by the Indenture;
(vii) to provide for or confirm the issuance of Additional Notes; or
(viii) to make any other change that does not materially and adversely affect the rights of any HolderHolder or to conform this Indenture to the description of the Notes in the Offering Memorandum as set forth in an Officer’s Certificate.
Appears in 1 contract
Samples: Indenture (Natura &Co Holding S.A.)
Amendments Without Consent of Holders. (a) The Company Notwithstanding Section 9.02, without the consent of any Holder of Notes, the Company, the Guarantors and the Trustee may amend or supplement the Indenture this Indenture, or the Notes without notice to or the consent of any NoteholderNote Guarantees:
(ia) to cure any ambiguity, defect or inconsistency in the Indenture or the Notesinconsistency;
(ii) to comply with Section 5.01;
(iii) to comply with any requirements of the Commission in connection with the qualification of the Indenture under the Trust Indenture Act;
(iv) to evidence and provide for the acceptance of appointment hereunder by a successor Trustee;
(vb) to provide for uncertificated Notes in addition to or in place of certificated Certificated Notes, provided that the uncertified Notes are issued in registered form for purposes of Section 163(f) of the Code, or in a manner such that the uncertificated Notes are described in Section 163(f)(2)(B) of the Code;
(vic) to provide for any guarantee the assumption of the Notes, Company’s or any Guarantor’s obligations to secure-Holders of Notes in the Notes case of a merger or to confirm and evidence consolidation or sale of all or substantially all of the release, termination assets of the Company or discharge of any guarantee of or lien securing the Notes when such release, termination or discharge is permitted by the IndentureGuarantor;
(viid) to make any change that would provide any additional rights or benefits to the Holders of Notes or that does not adversely affect the legal rights under this Indenture of any such Holder;
(e) to comply with requirements of the Commission in order to effect or maintain the qualification of this Indenture under the Trust Indenture Act;
(f) to comply with the requirements of Section 4.10;
(g) to evidence and provide for the acceptance of appointment by a successor Trustee;
(h) to provide for or confirm the issuance of Additional NotesNotes in accordance with this Indenture; or
(viiii) to make conform any other change that does not materially and adversely affect provision to the rights “Description of any HolderNotes” in the Offering Circular.
Appears in 1 contract
Samples: Indenture (Spectrum Brands, Inc.)
Amendments Without Consent of Holders. (a) The Company and the Trustee may amend or supplement the this Indenture or the Notes without notice to or the consent of any Noteholder
(i1) to cure any ambiguity, defect or inconsistency in the this Indenture or the Notes;
(ii2) to comply with Section 5.01Article 5;
(iii3) to comply with any requirements of the Commission in connection with the qualification of the this Indenture under the Trust Indenture Act;
(iv4) to evidence and provide for the acceptance of an appointment hereunder by a successor Trustee;
(v5) to provide for uncertificated Notes in addition to or in place of certificated Notes, provided that the uncertified uncertificated Notes are issued in registered form for purposes of Section 163(f) of the Code, Code or in a manner such that the uncertificated Notes are described in Section 163(f)(2)(B) of the Codeany successor provision;
(vi6) to provide for any guarantee Guarantee of the Notes, to secure-secure the Notes or to confirm and evidence the release, termination or discharge of any guarantee Guarantee of or lien Lien securing the Notes when such release, termination or discharge is permitted by the this Indenture;
(vii7) to provide for or confirm the issuance of Additional Notes; or;
(viii) 8) to make any other change that does not materially and adversely affect the rights of any Holder; or
(9) to conform the text of this Indenture or the Notes to any provision of the “Description of Notes” section of the Offering Circular, as certified by an Officer’s Certificate.
Appears in 1 contract
Samples: Indenture (Harbinger Group Inc.)
Amendments Without Consent of Holders. (a) The Company Issuers, the Trustee, and the Trustee Securities Administrator may amend or supplement the this Indenture or and the Notes with respect to a series without notice to or the consent of any Noteholder
(i1) to cure any ambiguity, defect defect, omission or inconsistency in the this Indenture or the Notes;
(ii2) to comply with Section 5.01Article 5;
(iii3) to comply with any requirements of the Commission in connection with the qualification of the this Indenture under the Trust Indenture Act;
(iv4) to evidence and provide for the acceptance of an appointment hereunder by a successor TrusteeTrustee or a successor Securities Administrator;
(v5) to provide for uncertificated Notes in addition to or in place of certificated Notes, provided that the uncertified uncertificated Notes are issued in registered form for purposes of Section 163(f) of the Code, or in a manner such that the uncertificated Notes are described in Section 163(f)(2)(B) of the Code;
(vi6) to provide for any guarantee Guarantee of the Notes, to secure-secure the Notes or to confirm and evidence the release, termination or discharge of any guarantee Guarantee of or lien Lien securing the Notes when such release, termination or discharge is permitted by the this Indenture;
(vii7) to provide for or confirm the issuance of Additional NotesNotes in accordance with the terms of this Indenture;
(8) to conform any provision to this Indenture; or
(viii9) to make any other change that does not materially and adversely affect the rights of any Holder.
Appears in 1 contract
Samples: Indenture (Cloud Peak Energy Inc.)
Amendments Without Consent of Holders. (a) The Company and the Trustee may amend or supplement the Indenture or and/or the Notes without notice to or the consent of any Noteholder
(ia) to cure any ambiguity, defect or inconsistency in the Indenture or the Notesinconsistency;
(iib) to comply with Section 5.01Article 5;
(iiic) to comply with any requirements of the Commission in connection with the qualification of the Indenture under the Trust Indenture Act;
(ivd) to evidence and provide for the acceptance of an appointment hereunder by a successor Trustee;
(ve) to provide for uncertificated Notes in addition to or in place of certificated Notes, provided that the uncertified uncertificated Notes are issued in registered form for purposes of Section 163(f) of the Code, or in a manner such that the uncertificated Notes are described in Section 163(f)(2)(B) of the Code;
(vif) to provide for any guarantee Guarantee of the Notes, to secure-secure the Notes or to confirm and evidence the release, termination or discharge of any guarantee Guarantee of or lien Lien securing the Notes when such release, termination or discharge is permitted by the Indenture;
(viig) to provide for or confirm the issuance of Additional Notes; or
(viiih) to make any other change that does not materially and adversely affect the rights of any Holder.
Appears in 1 contract
Samples: Note (Neenah Foundry Co)
Amendments Without Consent of Holders. (a) The Company and the Trustee may modify, amend or supplement the Indenture or the Notes without notice to or the consent of any NoteholderHolder of Notes to:
(i) to cure any ambiguity, defect defect, mistake or inconsistency in the Indenture or the NotesIndenture;
(ii) provide for uncertificated Notes in addition to comply with Section 5.01or in place of Certificated Notes;
(iii) to comply with Article 5 or Section 4.06;
(iv) if required by the requirements of the Commission, comply with any requirements of the Commission in connection with the qualification of the Indenture under the Trust Indenture Act;
(ivv) to evidence and provide for the acceptance of appointment hereunder by a successor Trustee;
(v) to provide for uncertificated Notes in addition to or in place of certificated Notes, provided that the uncertified Notes are issued in registered form for purposes of Section 163(f) of the Code, or in a manner such that the uncertificated Notes are described in Section 163(f)(2)(B) of the Code;
(vi) make any change that would provide any additional rights or benefits to provide for any guarantee the Holders of the Notes, to secure-the Notes or to confirm and evidence that does not adversely affect the release, termination or discharge legal rights under the Indenture of any guarantee of or lien securing the Notes when such release, termination or discharge is permitted by the IndentureHolder;
(vii) add covenants for the benefit of the Holders or to surrender any right or power conferred upon the Company or any Subsidiary Guarantor;
(viii) secure the Notes;
(ix) provide for or confirm the issuance of Additional NotesNotes in accordance with the limitations set forth in the Indenture; orand
(viiix) conform the text of the Indenture, the Notes or Note Guarantees, if any, to make any other change that does not materially and adversely affect provision of the rights “Description of any Holderthe Notes” contained in the Final Offering Memorandum.
Appears in 1 contract
Samples: Indenture (PHH Corp)
Amendments Without Consent of Holders. (a) The Company Issuer and the Trustee may amend or supplement the this Indenture or the Notes without notice to or the consent of any Noteholder:
(i1) to cure any ambiguity, defect or inconsistency in the this Indenture or the Notes;
(ii2) to comply with Section 5.01Article 5;
(iii3) to comply with any requirements of the Commission SEC in connection with the qualification of the this Indenture under the Trust Indenture Act;
(iv4) to evidence and provide for the acceptance of an appointment hereunder by a successor TrusteeXxxxxxx;
(v5) to provide for uncertificated Notes in addition to or in place of certificated Notes, provided that the uncertified Notes are issued in registered form for purposes of Section 163(f) of the Code, or in a manner such that the uncertificated Notes are described in Section 163(f)(2)(B) of the Code;
(vi6) to provide for any guarantee Guarantee of the Notes, to secure-secure the Notes or to confirm and evidence the release, termination or discharge of any guarantee Guarantee of or lien Lien securing the Notes when such release, termination or discharge is permitted by the this Indenture;
(vii7) to provide for or confirm the issuance of Additional Notes; or;
(viii) 8) to make any other change that does not materially and adversely affect the rights of any Holder; or
(9) to conform any provision of this Indenture or the Notes to the “Description of Notes” in the Offering Memorandum, as set forth in an Officers, Certificate.
Appears in 1 contract
Samples: Indenture (Mr. Cooper Group Inc.)