Corrective Amendments. Section 2.01. Section 1.01 of the Base Indenture is hereby amended to include the following definition:
Corrective Amendments. Section 2.01. Exhibit A of the Base Indenture and all Notes issued prior to the date hereof and any Notes issued on or after the date hereof are hereby amended to include the following legend is hereby amended to include the following legend: THIS NOTE IS ISSUED WITH ORIGINAL ISSUE DISCOUNT FOR PURPOSES OF SECTION 1271 ET SEQ. OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, AND THE RULES AND REGULATIONS THEREUNDER. FOR INFORMATION REGARDING THE AMOUNT OF OID, THE ISSUE DATE, AND THE YIELD TO MATURITY OF THE NOTE, PLEASE CONTACT: SENIOR VICE PRESIDENT, CORPORATE TAX, E*TRADE FINANCIAL CORPORATION AT BALLSTON TOWER, 000 XXXXX XXXXX XXXX, 00XX XXXXX, XXXXXXXXX, XX 00000. The Trustee is directed to affix such legend on all Notes heretofore issued.
Corrective Amendments. The Company and the Trustee (without the consent of the Unit Holders) may from time to time and at any time enter into an agreement amending the terms of this Agreement, the Escrow Agreement (subject to the consent of the escrow agent), any Other Trust Agreement (subject to the consent of any Other Trustee) or any other agreement relating to the establishment or administration of the Trust to cure any ambiguity or to correct or supplement any provision contained herein or therein which may be defective or inconsistent with any other provision contained herein or therein or which may be necessary to conform to any mandatory provision of law.
Corrective Amendments. Notwithstanding Section 10.02 hereof, SOC, the Company and the Trustee (without the consent of the Unit Holders) may from time to time and at any time enter into an agreement amending the terms of this Agreement or any other agreement relating to the establishment or administration of the Trust to cure any ambiguity or to correct or supplement any provision contained herein or therein which may be defective or inconsistent with any other provision contained herein or therein, to make any other provision with respect to matters arising hereunder or thereunder that do not adversely affect the Unit Holders or which may be required by law in connection with the registration of the Units for resale.
Corrective Amendments. Notwithstanding the other provisions of this Section 17.6, the Manager, without the consent of any Member, may amend any provision of this Agreement: (i) to add to the duties or obligations of the Manager or surrender any right granted to the Manager herein; (ii) to cure any ambiguity or correct or supplement any provision herein which may be inconsistent with any other provision herein or to correct any printing, stenographic or clerical errors or omissions in order that this Agreement shall accurately reflect the agreement among the Members; and (iii) to amend the list of Members to provide or change any necessary information regarding any Member, additional Member or substituted Member; provided, however, that no amendment shall be made pursuant to this Section 17.6(e) unless the Manager reasonably shall have determined that such amendment will not (A) subject any Member to any material adverse consequence or (B) alter or waive in any material respect, to the detriment of the Company, any Series, or the Members, the duties and obligations of the Manager to the Company, each Series, or the Members.
Corrective Amendments. Notwithstanding the other provisions of this Article 13, the General Partner, without the consent of any Limited Partner, may amend any provisions of this Agreement (a) to add to the duties or obligations of the General Partner or surrender any right granted to the General Partner herein; (b) to cure any ambiguity or correct or supplement any provision herein which may be inconsistent with any other provision herein or to correct any printing, stenographic or clerical errors or omissions in order that this Agreement shall accurately reflect the agreement among the Partners; and (c) to amend Schedule A. to provide any necessary information regarding any additional Limited Partner or substituted Limited Partner; provided that no amendment shall be made pursuant to this Section 13.1.4 unless the General Partner reasonably shall have determined that such amendment will not subject any Limited Partner to any material adverse economic consequences, alter or waive the right to receive allocations and distributions that otherwise would be made to any Limited Partner, or alter or waive in any material respect the duties and obligations of the General Partner to the Partnership or the Limited Partners.
Corrective Amendments. (a) Section 8.3(i) of the Loan Agreement is hereby amended by adding the word "not" between the word "shall" and the comma contained in line 20 on page 36 of the Loan Agreement.
(b) The initial unnumbered clause of Section 9 of the Loan Agreement is hereby amended by deleting the phrase "and generally represent" contained in the first line of such clause on page 38 of the Loan Agreement and substituting the phrase "and severally represent" therefor.
Corrective Amendments. The Manager, without the consent of any other Member or Person, may additionally amend any provisions of this Agreement (a) to cure any ambiguity or correct or supplement any provision herein which may be inconsistent with any other provision herein or to correct any printing, stenographic or clerical errors or omissions in order that this Agreement shall accurately reflect the agreement among the Members; and (b) to make such changes as the Manager in good fxxxx xxxx necessary to comply with any requirements applicable to the Company or its Affiliates under applicable law.
Corrective Amendments. Section 3.01. The changes set forth below in this Article 3 are hereby made to the Base Indenture in order to correct certain typographical errors therein.
Section 3.02. The first sentence of Section 4.03(a)(3) of the Base Indenture is hereby amended to read as follows: “Indebtedness issued in exchange for, or the net proceeds of which are used to refinance or refund, then outstanding Indebtedness (other than indebtedness outstanding under clause (1), (2) or (4)) and any refinancings thereof…”
Section 3.03. Section 4.03(a)(5) of the Base Indenture is hereby amended to read as follows: “Guarantees of Notes and Guarantees of Indebtedness of the Company or of any Restricted Subsidiary by any Restricted Subsidiary provided the Guarantee of such Indebtedness is permitted by and made in accordance with Section 4.07.”
Section 3.04. Section 4.04(b)(8) of the Base Indenture is hereby amended to read as follows: “the repurchase, redemption or other acquisition of the Company’s Capital Stock (or options, warrants or other rights to acquire such Capital Stock) from Persons who are, or were formerly, employees of the Company and their Affiliates, heirs and executors; provided that the aggregate amount of all such repurchases pursuant to this clause (8) shall not exceed $50 million.”
Corrective Amendments. Notwithstanding the other provisions of this Article 13, the General Partner, without the consent of any other Partner, may amend any provisions of this Agreement (a) to add to the duties or obligations of the General Partner or surrender any right granted to the General Partner herein; (b) to cure any ambiguity or correct or supplement any provision herein which may be inconsistent with any other provision herein or to correct any printing, stenographic or clerical errors or omissions in order that this Agreement shall accurately reflect the agreement among the Partners; and (c) to revise the List of Partners to provide or change any necessary information regarding any Partner or substituted Limited Partner; provided, however, that no amendment shall be made pursuant to this 13.1.4 unless the General Partner reasonably shall have determined that such amendment will not (1) subject any Limited Partner to any material adverse economic consequences or (2) alter or waive in any material respect the duties and obligations of the General Partner to the Partnership or the Limited Partners.
