Common use of DEFEASANCE AND CERTAIN OTHER EVENTS OF DEFAULT Clause in Contracts

DEFEASANCE AND CERTAIN OTHER EVENTS OF DEFAULT. If, in the event the Company exercises its option to omit compliance with certain covenants and provisions of the Indenture with respect to the Notes pursuant to Section 8.03 and such Notes are declared due and payable because of an Event of Default that remains applicable, and the amount of money and/or Government Securities on deposit with the Trustee is insufficient to pay amounts due on such Notes due to a declaration of acceleration under Section 6.02, the Company will remain liable for such payments. ARTICLE NINE AMENDMENTS, SUPPLEMENTS AND WAIVERS SECTION 9.01. WITHOUT CONSENT OF HOLDERS. The Company, when authorized by Board Resolution, and the Trustee may amend or supplement this Indenture, and the Notes without notice to, or the consent of, any Holder: (a) to cure any ambiguity, defect or inconsistency in this Indenture, provided that, in the good faith opinion of the Board of Directors as evidenced by the Board Resolution providing authorization therefor, such amendments or supplements do not materially and adversely affect the interests of the Holders; (b) to comply with Article Five; (c) to add to the covenants of the Company for the benefit of the Holders or to surrender any right or power herein conferred upon the Company; (d) to evidence and provide for the acceptance of appointment hereunder by a successor Trustee with respect to the Notes; (e) to make any change that, in the good faith opinion of the Board of Directors evidenced by a Board Resolution providing authorization therefor, does not materially and adversely affect the rights of the Holders; (f) to add any additional Events of Default; or (g) to add a Subsidiary Guarantor.