Common use of Amendments Without Consent of Holders Clause in Contracts

Amendments Without Consent of Holders. The Company, Holdings and the Trustee may amend or supplement the Indenture or the Notes without notice to or the consent of any Noteholder (1) to cure any ambiguity, defect, omission or inconsistency in the Indenture or the Notes; (2) to comply with Article 5; (3) to comply with any requirements of the Commission in connection with the qualification of the Indenture under the Trust Indenture Act; (4) to evidence and provide for the acceptance of an appointment hereunder by a successor Trustee; (5) to provide for uncertificated Notes in addition to or in place of certificated Notes, provided that the 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; (6) 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; (7) to provide for the issuance of Additional Notes in accordance with the terms of the Indenture; (8) to conform any provision of the Indenture to the “Description of the Notes” section contained in the Preliminary Offering Memorandum of the Company relating to the Notes dated December 3, 2009 as superseded, to the extent inconsistent, by the Summary of Final Terms dated December 11, 2009; or (9) to make any other change that does not materially and adversely affect the rights of any Holder.

Amendments Without Consent of Holders. The Company, Holdings Company and the Trustee may amend or supplement the Indenture or the Notes (and the Company, the Trustee or the Collateral Agent may amend of supplement the Security Documents) without notice to or the consent of any Noteholder (1) to cure any ambiguity, defect, omission defect or inconsistency in the Indenture or the Notes; (2) to comply with Article 5; (3) to comply with any requirements of the Commission in connection with the qualification of the Indenture under the Trust Indenture Act; (4) to evidence and provide for the acceptance of an appointment hereunder by a successor Trustee; (5) to provide for uncertificated Notes in addition to or in place of certificated Notes, provided that the 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; (6) 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; (7) to provide for or confirm the issuance of Additional Notes in accordance with the terms of the IndentureNotes; (8) to conform any provision of the Indenture to the “Description of the Notes” section contained in the Preliminary Offering Memorandum of the Company relating to the Notes dated December 3, 2009 as superseded, to the extent inconsistent, by the Summary of Final Terms dated December 11, 2009; or (9) to make any other change that does not materially and adversely affect the rights of any Holder; (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 Officers’ Certificate; or (10) to evidence the issuance of any Pari-Passu Obligations and secure such obligations with Liens on the Collateral. In addition, the Company, the Collateral Agent and the Trustee may amend the Security Documents or execute or deliver such agreements, instruments or other documents (including the Spectrum Registration Rights Agreement, the Spectrum Stockholder Agreement and any other agreement with respect to equityholders’ rights to which the Company or any Guarantor is a party) to permit, or in connection with, the accession of or succession of any parties to the Security and Pledge Agreement or the Collateral Trust Agreement or this Indenture to the extent necessary to effect the pledge of the related equity interests (including in respect of any incurrence of Pari-Passu Obligations).

Amendments Without Consent of Holders. The Company, Holdings Company and the Trustee (and in the case of the Security Documents, the Collateral Agent) may amend or supplement the Indenture or Indenture, the Security Documents and/or the Notes without notice to or the consent of any Noteholder (1a) to cure any ambiguity, defect, omission defect or inconsistency or conform any provision to the “Description of Notes” set forth in the Indenture or the NotesOffering Circular; (2b) to comply with Article 5; (3c) to comply with any requirements of the Commission in connection with the qualification of the Indenture under the Trust Indenture Act; (4d) to evidence and provide for the acceptance of an appointment hereunder by a successor Trustee; (5e) to provide for uncertificated Notes in addition to or in place of certificated Notes, provided that the 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; (6f) 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; (7g) to provide for or confirm the issuance of Additional Notes in accordance with the terms of the Indenture; (8) to conform any provision of the Indenture to the “Description of the Notes” section contained in the Preliminary Offering Memorandum of the Company relating to the Notes dated December 3, 2009 as superseded, to the extent inconsistent, by the Summary of Final Terms dated December 11, 2009; or (9h) to make any other change that does not materially and adversely affect the rights of any Holder. In addition, the Company may amend the Security Documents to secure additional Debt to be Incurred by the Company or a Guarantor by Liens on the Collateral pursuant to the Security Documents if such Debt is permitted to be Incurred and secured by such Liens under the Indenture.

Amendments Without Consent of Holders. The Notwithstanding Section 9.02, the Company, Holdings the Guarantors and the Trustee may amend or supplement the this Indenture or the Notes without notice to or the consent of any NoteholderNoteholder to (1) to cure any ambiguity, defect, omission defect or inconsistency in the Indenture or the Notesinconsistency; (2) to comply with Article 5; (3) to comply with any requirements of the Commission in connection with the qualification of the Indenture under the Trust Indenture Act; (4) to evidence and provide for the acceptance of an appointment hereunder by a successor Trustee; (5) to provide for uncertificated Notes in addition to or in place of certificated Notes, provided that the 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; (3) provide for the assumption of the Company's or any Guarantor's obligations to Holders of Notes in the case of a merger or consolidation or sale of all or substantially all of the Company's or such Guarantor's assets; (4) provide for or confirm the issuance of Additional Notes; (5) evidence and provide for the acceptance of an appointment by a successor Trustee; (6) 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 this Indenture; (7) make any change that would provide any additional rights or benefits to provide for the issuance Holders of Additional Notes in accordance with or that does not adversely affect the terms legal rights under this Indenture of the Indentureany such Holder; (8) to conform any provision comply with requirements of the Commission in order to effect or maintain the qualification of this Indenture to under the “Description of the Notes” section contained in the Preliminary Offering Memorandum of the Company relating to the Notes dated December 3, 2009 as superseded, to the extent inconsistent, by the Summary of Final Terms dated December 11, 2009Trust Indenture Act; or (9) conform any provision to make any other change that does not materially and adversely affect the rights "Description of any Holderthe Notes" in the Offering Memorandum.

Amendments Without Consent of Holders. The Notwithstanding Section 9.02 below, the Company, Holdings 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 (1) to cure any ambiguity, defect, omission defect or inconsistency in the this Indenture or the Notes; (2) to comply with Article 5; (3) to comply with any requirements of the Commission in connection with the qualification of the Indenture under the Trust Indenture Act; (4) to evidence and provide for the acceptance of an appointment hereunder by a successor Trustee; (54) to provide for uncertificated Notes in addition to or in place of certificated Notes, provided that the 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; (65) 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 this Indenture; (6) to provide for or confirm the Indentureissuance of Additional Notes; (7) to provide for conform the issuance text of Additional this Indenture or the Notes in accordance with the terms 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 the indenture governing the Company’s 7.5% Senior Notes due 2023 outstanding on the Issue Date, which provisions are substantially similar to corresponding provisions of this Indenture; (8) to conform any provision of the Indenture to the “Description of the Notes” section contained in the Preliminary Offering Memorandum of the Company relating to the Notes dated December 3, 2009 as superseded, to the extent inconsistent, by the Summary of Final Terms dated December 11, 2009; or (9) to make any other change that does not materially and adversely affect the rights of any Holder, including any increase in the Conversion Rate or other consideration due upon conversion of the Notes (whether or not subject to time limitations or other conditions); (9) to comply with Section 10.12; or (10) to make provision with respect to adjustments to the Conversion Rate as required by this Indenture or to increase the Conversion Rate in accordance with this Indenture.

Amendments Without Consent of Holders. The Company, Holdings Company and the Trustee may amend or supplement this Indenture, the Indenture Notes or the Notes Note Guarantees without notice to or the consent of any Noteholder (1) to cure any ambiguity, defectomission, omission mistake, defect or inconsistency in the this Indenture or the Notes; (2) to comply with Article 5; (3) to comply with any requirements of the Commission in connection with the qualification of the this Indenture under the Trust Indenture Act; (4) to evidence and provide for the acceptance of an appointment hereunder by a successor Trustee; (5) to provide for uncertificated Notes in addition to or in place of certificated Notes, ; provided that the 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; (6) 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 this Indenture; (7) to provide for or confirm the issuance of the Exchange Notes or Additional Notes in accordance with the terms of the IndentureNotes; (8) to conform any provision of the Indenture to the “Description of the Notes” section contained in the Preliminary Offering Memorandum of the Company relating to the Notes dated December 3, 2009 as superseded, to the extent inconsistent, by the Summary of Final Terms dated December 11, 2009Memorandum; or (9) to make any other change that would provide any additional rights or benefits to the Holders or that does not materially and adversely affect the legal rights under this Indenture of any Holder.

Amendments Without Consent of Holders. (a) The Company, Holdings Company and the Trustee may amend or supplement the Indenture or the Notes or any Note Guaranty without notice to or the consent of any Noteholder (1) to cure any ambiguity, defect, omission mistake or inconsistency in the Indenture or the NotesNotes or the Note Guaranties; (2) to comply with Article 5; (3) to comply with any requirements of the Commission in connection with the qualification of the Indenture under the Trust Indenture Act; (4) to evidence and provide for the acceptance of an appointment hereunder by a successor TrusteeXxxxxxx; (5) to provide for uncertificated Notes in addition to or in place of certificated Notes, provided that the 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; (6) 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; (7) to provide for or confirm the issuance of Additional Notes in accordance with the terms of the IndentureNotes; (8) to conform make any provision amendment to the provisions of Article 2 as permitted by the Indenture, provided that (i) compliance with the 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 Indenture Holders to the “Description of the transfer Notes” section contained in the Preliminary Offering Memorandum of the Company relating to the Notes dated December 3, 2009 as superseded, to the extent inconsistent, by the Summary of Final Terms dated December 11, 2009; or; (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 dated July 19, 2012 relating to the private offering of the Initial Notes.

Amendments Without Consent of Holders. The Company, Holdings Company and the Trustee may amend or supplement the Indenture Indenture, the Security Documents or the Notes without notice to or the consent of any Noteholder (1) to cure any ambiguity, defect, omission defect or inconsistency in the Indenture or the Notes; (2) to comply with Article 5; (3) to comply with any requirements of the Commission in connection with the qualification of the Indenture under the Trust Indenture Act; (4) to evidence and provide for the acceptance of an appointment hereunder by a successor Trustee; (5) to provide for uncertificated Notes in addition to or in place of certificated Notes, provided that the 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; (6) 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 IndentureIndenture or the Security Documents; (7) to provide for or confirm the issuance of Additional Notes in accordance with the terms of the IndentureNotes; (8) to conform the text of the Indenture, the Note Guarantees or Notes to any provision of the Indenture to the “Description of the Notes” section contained in the Preliminary Offering Memorandum of the Company offering memorandum relating to the Initial Notes dated December 3, 2009 as superseded, to the extent inconsistentthat 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; (9) to provide for the successful joinder of any Additional Debt Holders or other additional secured parties to the Security Documents in connection with the incurrence by the Summary Company or its Subsidiaries of Final Terms dated December 11, 2009Shared Collateral Debt; or (910) to make any other change that does not materially and adversely affect the rights of any Holder.

Amendments Without Consent of Holders. The Company, Holdings Company and the Trustee may amend or supplement the Indenture or this Indenture, the Notes and Note Guarantees without notice to or the consent of any Noteholder: (1) to cure any ambiguity, defect, omission or inconsistency in this Indenture, the Indenture Notes or the NotesNote Guarantees; (2) to comply with Article 5; (3) to comply with any requirements of the Commission in connection with the qualification of the this Indenture under the Trust Indenture Act; (4) to evidence and provide for the acceptance of an appointment hereunder by a successor Trustee; (5) to provide for uncertificated Notes in addition to or in place of certificated Notes, provided that the 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; (6) 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 this Indenture; (7) to provide for the issuance of Additional Notes in accordance with the terms of the this Indenture; (8) to conform any provision of the Indenture to the “Description of the Notes” section contained in the Preliminary Offering Memorandum of the Company relating to the Notes dated December 3, 2009 as superseded, to the extent inconsistent, by the Summary of Final Terms dated December 11, 2009Memorandum; or (9) to make any other change that would provide any additional rights or benefits to the Holders or that does not materially and adversely affect the rights of any Holder.

Amendments Without Consent of Holders. The Company, Holdings Company and the Trustee may amend or supplement the Indenture or the Notes without notice to or the consent of any Noteholder (1) to cure or reform any ambiguity, defect, mistake, manifest error, omission or inconsistency in the Indenture or the Notes; (2) to comply with Article 5; (3) to comply with any requirements of the Commission SEC in connection with the qualification of the Indenture under the Trust Indenture ActAct or otherwise; (4) to evidence and provide for the acceptance of an appointment hereunder by a successor Trustee; (5) to provide for uncertificated Notes in addition to or in place of certificated Notes, provided that the 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; (6) 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; (7) to provide for or confirm the issuance of Additional Notes in accordance with the terms of the IndentureNotes; (8) to conform any provision of the Indenture add to the “Description of the Notes” section contained in the Preliminary Offering Memorandum covenants of the Company relating for the benefit of the Noteholders or to surrender any right or power conferred upon the Notes dated December 3, 2009 as superseded, to the extent inconsistent, by the Summary of Final Terms dated December 11, 2009; orCompany; (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 the Indenture or the Notes to any provision of the “Description of Notes” section of the Prospectus Supplement.

Amendments Without Consent of Holders. The CompanyOperating Partnership, Holdings the Company and the Trustee may amend or supplement the Indenture or Indenture, the Notes and the Note Guarantees without notice to or the consent of any Noteholder (1) to cure any ambiguity, defect, omission or inconsistency in the Indenture or the Notes; (2) to comply with Article 55 herein; (3) to comply with any requirements of the Commission in connection with the qualification of the Indenture under the Trust Indenture Act; (4) to evidence and provide for the acceptance of an appointment hereunder by a successor Trustee; (5) to provide for uncertificated Notes in addition to or in place of certificated Notes, provided that the 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; (6) 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; (7) to provide for the issuance of Additional additional Notes in accordance with the terms of the Indenture; (8) to conform any provision of the Indenture to the “Description of the Notes” section contained in the Preliminary Offering Memorandum of the Company Prospectus Supplement relating to the Notes dated December 3June 2, 2009 2015 as superseded, to the extent inconsistent, by the Summary of Final Terms Pricing Term Sheet dated December 11June 4, 20092015; or (9) to make any other change that does not materially and adversely affect the rights of any Holder.

Amendments Without Consent of Holders. (a) The Company, Holdings Company and the Trustee may amend or supplement the Indenture Indenture, the Notes or the Notes Security Documents without notice to or the consent of any Noteholder (1) to cure any ambiguity, defect, omission defect or inconsistency in the Indenture or the Notes, provided that such amendments shall not adversely affect the interests of Holders in any material respect; (2) to comply with Article 5; (3) to comply with any requirements of the Commission in connection with the qualification of the Indenture under the Trust Indenture ActAct or in order to maintain such qualification; (4) to evidence and provide for the acceptance of an appointment hereunder by a successor Trustee; (5) to provide for uncertificated Notes in addition to or in place the issuance of certificated Additional Notes, provided that the 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; (6) make any change that, in the good faith opinion of the board of directors of the Company, does not materially and adversely affect the rights of any Holder under the Indenture or the Security Documents; (7) to conform any provision to the “Description of Notes” in the offering memorandum pursuant to which the Initial Notes were offered; or (8) to provide for any Guarantee of the Notes, to secure the Notes or any Guarantee of 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;. (7b) The Security Documents may be amended without any Holder’s consent to provide for add additional secured creditors holding other Parity Lien Obligations so long as such Obligations (and the issuance of Additional Notes in accordance with the terms of Liens securing them) are not prohibited by the Indenture; (8) to conform any provision of the Indenture to the “Description of the Notes” section contained in the Preliminary Offering Memorandum of the Company relating to the Notes dated December 3, 2009 as superseded, to the extent inconsistent, by the Summary of Final Terms dated December 11, 2009; or (9) to make any other change that does not materially and adversely affect the rights of any Holder.

Amendments Without Consent of Holders. The Company, Holdings and the Trustee may amend or supplement the Indenture or Indenture, the Notes and the Note Guarantees without notice to or the consent of any Noteholder (1) to cure any ambiguity, defect, omission or inconsistency in the Indenture or the Notes; (2) to comply with Article 5; (3) to comply with any requirements of the Commission in connection with the qualification of the Indenture under the Trust Indenture Act; (4) to evidence and provide for the acceptance of an appointment hereunder by a successor Trustee; (5) to provide for uncertificated Notes in addition to or in place of certificated Notes, provided that the 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; (6) 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; (7) to provide for the issuance of Additional Notes in accordance with the terms of the Indenture; (8) to conform any provision of the Indenture to the “Description of the Notes” section contained in the Preliminary Offering Memorandum of the Company relating to the Notes dated December 3September 10, 2009 2013 as superseded, to the extent inconsistent, by the Summary of Final Terms Pricing Term Sheet dated December 11September 12, 20092013; or (9) to make any other change that does not materially and adversely affect the rights of any Holder.

Amendments Without Consent of Holders. The Company, Holdings Company and the Trustee may amend or supplement the Indenture or the Notes without notice to or the consent of any Noteholder (1) to cure or reform any ambiguity, defect, mistake, manifest error, omission or inconsistency in the Indenture or the Notes; (2) to comply with Article 5; (3) to comply with any requirements of the Commission SEC in connection with the qualification of the Indenture under the Trust Indenture ActAct or otherwise; (4) to evidence and provide for the acceptance of an appointment hereunder by a successor Trustee; (5) to provide for uncertificated Notes in addition to or in place of certificated Notes, provided that the 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; (6) 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; (7) to provide for or confirm the issuance of Additional Notes in accordance with the terms of the IndentureNotes; (8) to conform any provision of the Indenture add to the “Description of the Notes” section contained in the Preliminary Offering Memorandum covenants of the Company relating for the benefit of the Noteholders or to surrender any right or power conferred upon the Notes dated December 3, 2009 as superseded, to the extent inconsistent, by the Summary of Final Terms dated December 11, 2009; orCompany; (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 the Indenture or the Notes to any provision of the “Description of Notes” section of the Offering Memorandum.

Amendments Without Consent of Holders. The Company, Holdings Company and the Trustee may amend or supplement the Indenture or the Notes without notice to or the consent of any Noteholder (1) to cure any ambiguity, defect, omission defect or inconsistency in the Indenture or the Notes; (2) to comply with Article 5; (3) to comply with any requirements of the Commission in connection with the qualification of the Indenture under the Trust Indenture Act; (4) to evidence and provide for the acceptance of an appointment hereunder by a successor Trustee; (5) to provide for uncertificated Notes in addition to or in place of certificated Notes, provided that the 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; (6) 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; (7) to provide for or confirm the issuance of Additional Notes in accordance with the terms of the IndentureNotes; (8) to conform any provision of the Indenture to the “Description of the Notes” section contained in the Preliminary Offering Memorandum of the Company relating to the Notes dated December 3, 2009 as superseded, to the extent inconsistent, by the Summary of Final Terms dated December 11, 2009; or (9) 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 in the Indenture for the benefit of the Holders of the Notes or to surrender any right or power conferred upon the Company by the Indenture or to add to the Events of Default or the covenants of the Company for the benefit of the Holders of all or any Notes issued under the Indenture; or (10) to conform any provision of the Indenture to the “Description of Notes” in the offering memorandum related to the Original Notes issued on the Issue Date.

Amendments Without Consent of Holders. The Notwithstanding Section 9.02 below, the Company, Holdings 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 (1) to cure any ambiguity, defect, omission defect or inconsistency in the this Indenture or the Notes; (2) to comply with Article 5; (3) to comply with any requirements of the Commission in connection with the qualification of the Indenture under the Trust Indenture Act; (4) to evidence and provide for the acceptance of an appointment hereunder by a successor Trustee; (54) to provide for uncertificated Notes in addition to or in place of certificated Notes, provided that the 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; (65) 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 this Indenture; (6) to provide for or confirm the Indentureissuance of Additional Notes; (7) to provide for conform the issuance text of Additional this Indenture or the Notes in accordance with the terms 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 the indenture governing the Company’s 8.125% Senior Notes due 2022 outstanding on the Issue Date, which provisions are substantially similar to corresponding provisions of this Indenture; (8) to conform any provision of the Indenture to the “Description of the Notes” section contained in the Preliminary Offering Memorandum of the Company relating to the Notes dated December 3, 2009 as superseded, to the extent inconsistent, by the Summary of Final Terms dated December 11, 2009; or (9) to make any other change that does not materially and adversely affect the rights of any Holder, including any increase in the Conversion Rate or other consideration due upon conversion of the Notes (whether or not subject to time limitations or other conditions); (9) to comply with Section 10.12; or (10) to make provision with respect to adjustments to the Conversion Rate as required by this Indenture or to increase the Conversion Rate in accordance with this Indenture.