Certain Amendments to the Indenture. The Indenture, solely with respect to the Notes, is hereby amended as follows:
(a) Section 603(8) of the Base Indenture is hereby amended by deleting the text of Section 603(8) in its entirety and replacing it with the following text:
Certain Amendments to the Indenture. Solely with respect to the Notes, the Indenture is hereby amended as follows:
(a) the definition of “Change of Control” as set forth in Section 1.2 of the First Supplemental Indenture is hereby deleted in its entirety and replaced with the following:
Certain Amendments to the Indenture. Subject to Section 3.1, the Indenture, solely with respect to the Notes, is hereby amended as follows:
(a) Section 4.3 of the Indenture (Reports by the Issuer) is hereby amended by deleting the text of Section 4.3 its entirety and replacing it with the following text: “The Company will file with the Trustee and the Commission, and transmit to Holders, such information, documents and other reports, and such summaries thereof, as may be required pursuant to the Trust Indenture Act, at the times and in the manner provided pursuant to the Trust Indenture Act.”
(b) Section 3.6 (Limitation on Liens) and Section 3.7 (Limitation on Sales and Leasebacks) of the Indenture shall be deleted in their entirety.
(c) Section 9.1 of the Indenture (Issuer May Consolidate, etc., on Certain Terms) is hereby amended by deleting the text of Section 9.1 in its entirety and replacing it with the following text: “The Issuer covenants that it will not merge or consolidate with any other corporation unless (i) either the Issuer shall be the continuing corporation, or the successor corporation shall be a corporation or entity organized under the laws of the United States of America or any state thereof and shall expressly assume the due and punctual payment of the principal of and interest, if any, on all the Securities, according to their tenor, and the due and punctual performance and observance of all of the covenants and conditions of this Indenture to be performed or observed by the Issuer, by supplemental indenture satisfactory to the Trustee, executed and delivered to the Trustee by such corporation or entity, and (ii) the Issuer or such successor corporation or entity, as the case may be, shall not, immediately after such merger or consolidation, be in default in the performance of any such covenant or condition.”
(d) The failure to comply (whether before or after the date of this First Supplemental Indenture) with the terms of Section 4.3 (except as amended hereby), Sections 3.6 or 3.7, or Section 9.1 (except as amended hereby) of the Indenture shall not constitute a Default or Event of Default under the Indenture with respect to the Notes and shall no longer have any consequence under the Indenture with respect to the Notes.
(e) All definitions set forth in Section 1.1 of the Indenture that relate to defined terms used solely in the Sections of the Indenture deleted pursuant to the terms of this First Supplemental Indenture are no longer applicable to the Notes.
(f) All ref...
Certain Amendments to the Indenture. The Indenture with respect to the Notes is hereby amended as follows:
(a) Section 3.5 (Certificate of the Issuer); Section 3.9 (Limitation on Liens); Section 3.10 (Limitation on Sale and Lease-Back); and Section 8.1 of the Base Indenture (Issuer May Consolidate, etc. on Certain Terms) of the Base Indenture shall no longer apply to the Notes;
Section 4.1 (Change of Control) of the Existing Supplemental Indenture shall no longer apply to the Notes;
(c) The failure to comply with the terms of any of the Sections of the Base Indenture and Existing Supplemental Indenture set forth in clauses (a) and (b) above shall no longer constitute a Default or Event of Default under the Indenture with respect to the Notes and shall no longer have any consequence under the Indenture with respect to the Notes;
(d) Section 3.7 of the Base Indenture (Reports by the Issuer) is hereby amended by adding the following as the new penultimate paragraph: “Notwithstanding anything to the contrary contained herein, so long as Becton, Xxxxxxxxx and Company (“BD”) continues to own, directly or indirectly, at least 50% of the Voting Stock of the Issuer, the filing by BD of its quarterly reports on Form 10-Q, annual reports on Form 10-K and current reports on Form 8-K with the Commission or on BD’s website will be deemed to satisfy the obligations of the Issuer under this reporting covenant”;
(e) Clause (d) of Section 4.1 (Events of Default) of the Base Indenture and all references thereto in the Indenture shall no longer apply to the Notes and the occurrence of the events described in clause (d) of Section 4.1 of the Base Indenture shall no longer constitute an Event of Default with respect to the Notes;
(f) all definitions set forth in Section 1.1 of the Base Indenture and Section 1.1 of the Existing Supplemental Indenture that relate to defined terms used solely in sections that are no longer applicable to the Notes are also no longer applicable to the Notes;
(g) all references to Sections of the Indenture amended by this Supplemental Indenture shall be to such Sections as amended by this Supplemental Indenture.
Certain Amendments to the Indenture. (a) Section 4.04 of the Indenture is hereby deleted in its entirety.
(b) Section 4.08 of the Indenture is hereby deleted in its entirety.
(c) Clause (i) of Section 4.11(b) of the Indenture is hereby amended to add the following words to the beginning of such clause: “
(a) any Notes presented for payment in the United Kingdom or (b)”.
(d) Article 10 of the Indenture is hereby deleted in its entirety.
Certain Amendments to the Indenture. Each of the Existing Indentures with respect to the Notes is hereby amended as follows:
(a) The definition of “Disqualified Stock” is hereby replaced in its entirety with:
Certain Amendments to the Indenture. (a) Part I of Appendix A of the Indenture is amended and supplemented by inserting or restating, as the case may be, in their appropriate alphabetical position, the following definitions:
Certain Amendments to the Indenture. (a) The Indenture is hereby amended by deleting the following sections and clauses of the Indenture and all references and definitions related solely thereto in their entirety, and replacing all such deleted sections, references and definitions with “[Intentionally Omitted]”: • Section 4.03 (Taxes) • Section 4.05 (Corporate Existence) • Section 4.06 (Reports and Other Information) • Section 4.07 (Compliance Certificate) • Section 4.08 (Limitation on Restricted Payments) • Section 4.09 (Limitation on Indebtedness) • Section 4.10 (Limitation on Liens) • Section 4.11 (Future Guarantors) • Section 4.12 (Limitation on Restrictions on Distribution From Restricted Subsidiaries) • Section 4.14 (Transactions with Affiliates)
Certain Amendments to the Indenture. Subject to Section 3.1, the Indenture, solely with respect to the Notes, is hereby amended as follows:
(a) Section 1003 of the Base Indenture (Reports) is hereby amended by deleting the text of Section 1003 its entirety and replacing it with the following text: “The Company will file with the Trustee and the Commission, and transmit to Holders, such information, documents and other reports, and such summaries thereof, as may be required pursuant to the Trust Indenture Act, at the times and in the manner provided pursuant to the Trust Indenture Act. To the extent any required filings are made with the Commission or the reports are posted on the Company’s website, the reports will be deemed to be furnished to the Trustee and Holders.”
(b) Section 4.1 (Limitation on Liens); Section 4.2 (Limitations on Sale and Leaseback Transactions); and Section
Certain Amendments to the Indenture. Solely with respect to the Notes, the Indenture is hereby amended as follows:
(a) Clauses (b)(18) and (b)(19) of the definition of “Asset Sale” as set forth in Section 1.01 of the Base Indenture are hereby deleted in their entirety and replaced with the following and a new Clause (b)(20) of the definition of “Asset Sale” as set forth in Section 1.01 of the Base Indenture is hereby added as follows:
