Deletion of Certain Provisions. Each of the following provisions of the Indenture is hereby deleted and eliminated in its entirety, without any redesignation of any other provision of the Indenture:
Deletion of Certain Provisions. (a) The section headings and the text of Sections 501(5), 1004 and 1005 of the Indenture are hereby deleted and eliminated in their entirety and replaced with “[Intentionally Deleted by Amendment]”.
(b) The section heading and the text of Section 2.1 of the Second Supplemental Indenture is hereby deleted and eliminated in its entirety and replaced with “[Intentionally Deleted by Amendment]”.
(c) All references in the Indenture, as amended by this Section 2.1, to any of the provisions deleted and eliminated as provided above, or to terms defined in such provisions, shall also be deemed deleted and eliminated.
Deletion of Certain Provisions. Each of clauses (i), (j) and (l) of Section 501 (Events of Default), Section 902 (Actions by the Trustee under the Deed of Trust and Certain Amendments to the Inter-Creditor Agreement without the Consent of Holders), clause (e) of Section 903 (Supplemental Indentures and Certain Amendments with the Consent of Holders), Section 904 (Amendments to Collateral Documents), Section 1007 (Insurance), Section 1008 (Limitation on Liens), Section 1018 (Release of Security), Article Twelve (Security Documents) and Exhibit C of the Indenture is hereby deleted in its entirety and, in the case of each such section, clause and exhibit, replaced with the phrase “[Intentionally Omitted]”. All references to such sections or clauses shall also be deleted throughout the Indenture, and such sections, clauses and references thereto shall be of no further force or effect.
Deletion of Certain Provisions. (a) Pursuant to the terms of the Offer and with the Consents of Holders representing at least a majority in principal amount of the Notes then outstanding, the Eighth Supplemental Indenture or the Base Indenture, as applicable, is hereby amended to delete the following sections in their entirety and, in the case of each such section, insert in lieu thereof the phrase “Intentionally Omitted,” and any and all references to such sections, any and all obligations thereunder and any default, event of default or other consequence under the Indenture of failing to comply solely to the following sections are hereby deleted throughout the Indenture, and such sections and references shall be of no further force or effect.
Section 1.01 (12)(a) of the Eighth Supplemental Indenture (Asset Dispositions); • Section 1.01(12)(b) of the Eighth Supplemental Indenture (Change of Control); • Section 1.01(12)(d) of the Eighth Supplemental Indenture (Limitation on Consolidated Debt); • Section 1.01(12)(e) of the Eighth Supplemental Indenture (Limitation on Restricted Payments); • Section 1.01(12)(f) of the Eighth Supplemental Indenture (Limitations Concerning Distributions by Subsidiaries, Etc.); • Section 1.01(12)(g) of the Eighth Supplemental Indenture (Limitation on Liens); • Section 1.01(12)(h) of the Eighth Supplemental Indenture (Limitation on Transactions with Affiliates and Related Persons);
Section 1.01 (12)(i) of the Eighth Supplemental Indenture (Provision of Financial Information);
Section 1.01 (12)(j) (second and third paragraphs only) of the Eighth Supplemental Indenture (Unrestricted Subsidiaries);
Section 5.1 (d),(e),(f),(i) and (j) of the Base Indenture (Events of Default); and • Section 1.01(13) of the Eighth Supplemental Indenture and Section 7.1 of the Base Indenture (Mergers, Consolidations and Certain Sale of Assets).
(b) Pursuant to the terms of the Offer and with the Consents of Holders representing at least a majority in principal amount of the Notes then outstanding, (i) Section 11.4 of the Base Indenture is hereby amended to change the notice of redemption requirement from “not less than 30 days” to “not less than 3 business days” and (ii) Section 1.01(5)(a) of the Eighth Supplemental Indenture is hereby amended to change the notice of redemption requirement from “not less than 30 nor more than 60 days’ notice” to “not less than 3 business days nor more than 60 days notice.”
Deletion of Certain Provisions. As of the Effective Date (as defined below), the following sections of the Indenture are hereby deleted in their entirety and, in the case of each section, replaced with the phrase “[Intentionally Omitted]”, any all references to such sections and any and all obligations thereunder are hereby deleted throughout the Indenture, all definitions used solely in such deleted sections are deleted in their entirety and such sections, definitions and references shall be of no further force or effect.
Deletion of Certain Provisions. Each of clauses (i), (j) and (l) of Section 501 (Events of Default), Section 902 (Actions by the Trustee under the Deed of Trust and Certain Amendments to the Inter-Creditor Agreement without the Consent of Holders), clause (e) of Section 903 (Supplemental Indentures and Certain Amendments with the Consent of Holders), Section 904 (Amendments to Collateral Documents), Section 1007 (Insurance), Section 1012 (Limitation on Liens), Section 1026 (Release of Security), Section 1027 (Registration of Security Interest Created by Pledge Agreement), Article Twelve (Security Documents) and Exhibit C of the Indenture is hereby deleted in its entirety and, in the case of each such section, clause and exhibit, replaced with the phrase “[Intentionally Omitted]”. All references to such sections or clauses shall also be deleted throughout the Indenture, and such sections, clauses and references thereto shall be of no further force or effect.
Deletion of Certain Provisions. Pursuant to the terms of the Statement and Consent and Letter of Transmittal, the Indenture is hereby amended to delete the following sections and subsections in their entirety and, in the case of each such section or subsection, insert in lieu thereof the phrase “Intentionally Omitted”, and any and all references thereto, any and all obligations thereunder and any events of default related thereto are hereby deleted throughout the Indenture, and such sections, subsections and references shall be of no further force or effect:
(1) Subsection (b) of Section 4.4 entitled “Compliance Certificate”;
(2) Section 4.7 entitled “Limitation on Incurrence of Additional Indebtedness and Disqualified Capital Stock”;
(3) Section 4.8 entitled “Limitation on Liens Securing Indebtedness”;
(4) Section 4.9 entitled “Limitation on Restricted Payments”;
(5) Section 4.10 entitled “Limitation on Dividends and Other Payment Restrictions Affecting Subsidiaries”;
(6) Section 4.11 entitled “Limitation on Transactions with Affiliates”;
(7) Section 4.12 entitled “Limitation on Sale Of Assets And Subsidiary Stock”;
(8) Section 4.13 entitled “Repurchase of Notes At The Option Of The Holder upon a Change of Control”;
(9) Section 4.14 entitled “Subsidiary Guarantors”;
(10) Section 4.15 entitled “Limitation On Status As Investment Company”;
(11) Section 4.16 entitled “Maintenance of Properties and Insurance”;
(12) Section 4.18 entitled “Limitation on Layering Indebtedness”;
(13) Subsections (2), (3) and (4) of Section 5.1 entitled “Merger, Consolidation or Sale of Assets”; and
(14) Subsections (c), (d), (e), (f), (g) and (h) of Section 6.1 entitled “Events of Default”.
Deletion of Certain Provisions. Pursuant to the terms of the Offer to Purchase and the receipt of the Requisite Consents, the Indenture is hereby amended to delete the following sections in their entirety and, in the case of each such section, insert in lieu thereof the phrase ["Intentionally Omitted"], and any and all references to such sections, any and all obligations thereunder and any Event of Default under the Indenture related solely to the following sections are hereby deleted throughout the Indenture, and such sections and references shall be of no further force or effect: •
Deletion of Certain Provisions. Sections 5 (Option to Extend Term) and 6 (Right of First Offer) are hereby deleted from the Sublease, and such Sections shall be of no further force and effect. Subtenant acknowledges and agrees that, because the term of the Master Lease expires on August 31, 2006, Sublandlord shall not (i) extend the Term of the Sublease or renew the Sublease or (ii) consent to a holdover by Subtenant or any delay in Subtenant's surrender of the Premises.
Deletion of Certain Provisions. Pursuant to the terms of the Offer and the consent of Holders representing at least a majority in aggregate principal amount of the outstanding Notes, and with respect to the proposed amendment to eliminate the Issuers' obligation to repurchase the Notes upon a Change of Control having been approved by at least 662/3% in aggregate principal amount of the outstanding Notes, the Indenture is hereby amended to delete the following sections in their entirety and, in the case of each such section, insert in lieu thereof the phrase ["Intentionally Omitted"], and any and all references to such sections, any and all obligations thereunder and any event of default related solely to the following sections are hereby deleted throughout the Indenture, and such sections and references shall be of no further force or effect.
