Common use of Conditional Waiver by Holders of Securities Clause in Contracts

Conditional Waiver by Holders of Securities. Anything in this Indenture to the contrary notwithstanding, the Company may fail or omit in any particular instance to comply with a covenant or condition set forth herein with respect to any series of Securities if the Company shall have obtained and filed with the Trustee, prior to the time of such failure or omission, evidence (as provided in Article VIII) of the consent of the Holders of a majority in aggregate principal amount of the Securities of such series at the time Outstanding (except as to a covenant or condition which under Section 14.02 cannot be modified or amended without the consent of the Holder of each Outstanding Security of such series affected, in which case the consent of the Holder of each Outstanding Security of such series affected shall be required), either waiving such compliance in such instance or generally waiving compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, or impair any right consequent thereon and, until such waiver shall have become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Conditional Waiver by Holders of Securities. Anything in this Indenture to the contrary notwithstanding, the Company Issuer and/or the Parent Guarantor may fail or omit in any particular instance to comply with a covenant or condition set forth herein with respect to any series of Securities if the Company Issuer shall have obtained and filed with the Trustee, prior to the time of such failure or omission, evidence (as provided in Article VIII) of the consent of the Holders of a majority in aggregate principal amount of the Securities of such series at the time Outstanding (except as to a covenant or condition which under Section 14.02 cannot be modified or amended without the consent of the Holder of each Outstanding Security of such series affected, in which case the consent of the Holder of each Outstanding Security of such series affected shall be required), either waiving such compliance in such instance or generally waiving compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, or impair any right consequent thereon and, until such waiver shall have become effective, the obligations of the Company Issuer and/or the Parent Guarantor and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Conditional Waiver by Holders of Securities. Anything in this Indenture to the contrary notwithstanding, the Company Obligors may fail or omit in any particular instance to comply with a covenant or condition set forth herein with respect to any series of Securities (other than the obligation to pay the principal of, premium, if any, and interest on any Security of such series, or in the case of any Securities which are convertible into or exchangeable for securities or property, the obligation to convert or exchange such Securities, or a covenant or provision hereof which under Section 14.02 cannot be modified or amended without the consent of the Holder of each Outstanding Security of such series affected) if the Company Issuer shall have obtained and filed with the Trustee, prior to the time of such failure or omission, evidence (as provided in Article VIII) of the consent of the Holders of a majority in aggregate principal amount of the Securities of such series at the time Outstanding (except as to a covenant or condition which under Section 14.02 cannot be modified or amended without the consent of the Holder of each Outstanding Security of such series affected, in which case the consent of the Holder of each Outstanding Security of such series affected shall be required)Outstanding, either waiving such compliance in such instance or generally waiving compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, or impair any right consequent thereon and, until such waiver shall have become effective, the obligations of the Company Issuer and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Conditional Waiver by Holders of Securities. Anything in this Indenture to the contrary notwithstanding, the Company Issuer may fail or omit in any particular instance to comply with a covenant or condition set forth herein in this Indenture or, if expressly provided pursuant to Section 2.3 with respect to any series of Securities Securities, any additional covenants or conditions applicable to such series, if the Company Issuer shall have obtained and filed with the Trustee, prior to the time of such failure or omission, evidence (as provided in Article VIIISeven) of the consent of the Holders of a majority in aggregate principal amount of the Securities of such series at the time Outstanding outstanding (except as to a covenant or condition which under Section 14.02 8.2 cannot be modified or amended without the consent of the Holder of each Outstanding outstanding Security of such series affected, in which case the consent of the Holder of each Outstanding outstanding Security of such series affected shall be required), either waiving such compliance in such instance or generally waiving compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, or impair any right consequent thereon and, until such waiver shall have become effective, the obligations of the Company Issuer and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Conditional Waiver by Holders of Securities. Anything in this Indenture to the contrary notwithstanding, the Company may fail or omit in any particular instance to comply with a covenant or condition set forth herein with respect to any series of Securities if the Company shall have obtained and filed with the Trustee, prior to the time of such failure or omission, evidence (as provided in Article VIII) of the consent of the Holders of a majority in aggregate principal amount of the Securities of such series at the time Outstanding (except as to a covenant or condition which under Section 14.02 cannot be modified or amended without the consent of the Holder of each Outstanding Security of such series affected, in which case the consent of the Holder of each Outstanding Security of such series affected shall be required), either waiving such compliance in such instance or generally waiving compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, or impair any right consequent thereon and, until such waiver shall have become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Conditional Waiver by Holders of Securities. Anything in this Indenture to the contrary notwithstanding, the Company Companies may fail or omit in any particular instance to comply with a covenant or condition set forth herein with respect to any series of Securities if the Company Companies shall have obtained and filed with the Trustee, prior to the time of such failure or omission, evidence (as provided in Article VIII) of the consent of the Holders of a majority in aggregate principal amount of the Securities of such series at the time Outstanding (except as to a covenant or condition which under Section 14.02 cannot be modified or amended without the consent of the Holder of each Outstanding Security of such series affected, in which case the consent of the Holder of each Outstanding Security of such series affected shall be required), either waiving such compliance in such instance or generally waiving compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, or impair any right consequent thereon and, until such waiver shall have become effective, the obligations of the Company Companies and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Conditional Waiver by Holders of Securities. Anything in this Indenture to the contrary notwithstanding, the Company Issuer may fail or omit in any particular instance to comply with a covenant or condition set forth herein in this Indenture or, if expressly provided pursuant to Section 2.3 with respect to any series of Securities Securities, any additional covenants or conditions applicable to such series, if the Company Issuer shall have obtained and filed with the Trustee, prior to the time of such failure or omission, evidence (as provided in Article VIIISeven) of the consent of the Holders holders of a majority in aggregate principal amount of the Securities of such series at the time Outstanding outstanding (except as to a covenant or condition which under Section 14.02 8.2 cannot be modified or amended without the consent of the Holder holder of each Outstanding outstanding Security of such series affected, in which case the consent of the Holder holder of each Outstanding outstanding Security of such series affected shall be required), either waiving such compliance in such instance or generally waiving compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, or impair any right consequent thereon and, until such waiver shall have become effective, the obligations of the Company Issuer and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Conditional Waiver by Holders of Securities. Anything in this Indenture to the contrary notwithstanding, the Company Companies may fail or omit in any particular instance to comply with a covenant or condition set forth herein or in any supplemental indenture with respect to any series of Securities if the Company Companies shall have obtained and filed with the Trustee, prior to the time of such failure or omission, evidence (as provided in Article VIII) of the consent of the Holders of a majority in aggregate principal amount of the Securities of such series at the time Outstanding (except as to a covenant or condition which under Section 14.02 cannot be modified or amended without the consent of the Holder of each Outstanding Security of such series affected, in which case the consent of the Holder of each Outstanding Security of such series affected shall be required), either waiving such compliance in such instance or generally waiving compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, or impair any right consequent thereon and, until such waiver shall have become effective, the obligations of the Company Companies and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Conditional Waiver by Holders of Securities. Anything in this Indenture to the contrary notwithstanding, the Company may fail or omit in any particular instance to comply with a covenant or condition set forth herein with respect to any series of Securities (other than the obligation to pay the principal of, premium, if any, and interest on any Security of such series, or in the case of any Securities which are convertible into or exchangeable for securities or property, the obligation to convert or exchange such Securities, or a covenant or provision hereof which under Section 14.02 cannot be modified or amended without the consent of the Holder of each Outstanding Security of such series affected) if the Company shall have obtained and filed with the Trustee, prior to the time of such failure or omission, evidence (as provided in Article VIII) of the consent of the Holders of a majority in aggregate principal amount of the Securities of such series at the time Outstanding (except as to a covenant or condition which under Section 14.02 cannot be modified or amended without the consent of the Holder of each Outstanding Security of such series affected, in which case the consent of the Holder of each Outstanding Security of such series affected shall be required)Outstanding, either waiving such compliance in such instance or generally waiving compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, or impair any right consequent thereon and, until such waiver shall have become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.