Common use of Deletion of Certain Provisions Clause in Contracts

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. Section 4.3 (Limitation on Restricted Payments); Section 4.5 (Payment of Taxes and Other Claims); Section 4.6 (Compliance Certificate; Notice of Default); Section 4.7 (Reports); Section 4.8 (Limitation on Status as Investment Company); Section 4.9 (Limitation of Transactions with Affiliates); Section 4.10 (Limitation on Indebtedness and Disqualified Capital Stock); Section 4.11 (Limitation on Liens); Section 4.12 (Limitation on Sale of Assets); Section 4.13 (Covenants with Respect to the Manager); Section 4.15 (Acceptance of Remaining Excess Cash Purchase Offers and Change of Control Offers); Section 4.17 (Limitation on Merger, Sale or Consolidation; and Section 9.1 (Repurchase of Securities at Option of Holder Upon a Change of Control) (collectively, the "Amended Sections").

Deletion of Certain Provisions. (a) Pursuant to the terms of the Offer and with the consent Consents 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 Notesthen outstanding, the Sixth 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 related 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 4.3 1.01(12)(a) of the Sixth Supplemental Indenture (Asset Dispositions); • Section 1.01(12)(b) of the Sixth Supplemental Indenture (Change of Control); • Section 1.01(12)(d) of the Sixth Supplemental Indenture (Limitation on Consolidated Debt); • Section 1.01(12)(e) of the Sixth Supplemental Indenture (Limitation on Restricted Payments); • Section 4.5 1.01(12)(f) of the Sixth Supplemental Indenture (Payment of Taxes and Other ClaimsLimitations Concerning Distributions by Subsidiaries, Etc.); • Section 4.6 (Compliance Certificate; Notice 1.01(12)(g) of Default); Section 4.7 (Reports); Section 4.8 (Limitation on Status as Investment Company); Section 4.9 (Limitation of Transactions with Affiliates); Section 4.10 (Limitation on Indebtedness and Disqualified Capital Stock); Section 4.11 the Sixth Supplemental Indenture (Limitation on Liens); • Section 4.12 1.01(12)(h) of the Sixth Supplemental Indenture (Limitation on Sale of AssetsTransactions with Affiliates and Related Persons); • Section 4.13 1.01(12)(i) of the Sixth Supplemental Indenture (Covenants with Respect to the ManagerProvision of Financial Information); Section 4.15 (Acceptance of Remaining Excess Cash Purchase Offers and Change of Control Offers); Section 4.17 (Limitation on Merger, Sale or Consolidation; and Section 9.1 (Repurchase of Securities at Option of Holder Upon a Change of Control) (collectively, the "Amended Sections").;

Deletion of Certain Provisions. (a) Pursuant to the terms of the Offer and with the consent Consents 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 Notesthen outstanding, the Subordinated 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 related 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 4.3 1.01(13)(a) of the Subordinated Supplemental Indenture (Asset Dispositions) • Section 1.01(13)(b) of the Subordinated Supplemental Indenture (Change of Control); • Section 1.01(13)(c) of the Subordinated Supplemental Indenture (Limitation on Consolidated Debt); • Section 1.01(13)(d) of the Subordinated Supplemental Indenture (Limitation on Restricted Payments); • Section 4.5 1.01(13)(e) of the Subordinated Supplemental Indenture (Payment of Taxes Dividend and Other ClaimsPayment Restrictions Affecting Subsidiaries); • Section 4.6 (Compliance Certificate; Notice 1.01(13)(f) of Default); Section 4.7 (Reports); Section 4.8 (Limitation on Status as Investment Company); Section 4.9 (Limitation of Transactions with Affiliates); Section 4.10 (Limitation on Indebtedness and Disqualified Capital Stock); Section 4.11 the Subordinated Supplemental Indenture (Limitation on Liens); • Section 4.12 1.01(13)(g) of the Subordinated Supplemental Indenture (Limitation on Transactions with Affiliates and Related Persons); • Section 1.01(13)(h) of the Subordinated Supplemental Indenture (No Senior Subordinated Debt); • Section 1.01(13)(i) of the Subordinated Supplemental Indenture (Provision of Financial Information); • Section 1.01(13)(j) (second and third paragraphs only) of the Subordinated Supplemental Indenture (Designation of Restricted and Unrestricted Subsidiaries); • Section 5.1 (d),(e),(f),(i) and (j) of the Base Indenture (Events of Default); and • Section 1.01(15) of the Subordinated Supplemental Indenture and Section 7.1 of the Base Indenture (Consolidation, Merger or Sale of Assets); Section 4.13 (Covenants with Respect to the Manager); Section 4.15 (Acceptance of Remaining Excess Cash Purchase Offers and Change of Control Offers); Section 4.17 (Limitation on Merger, Sale or Consolidation; and Section 9.1 (Repurchase of Securities at Option of Holder Upon a Change of Control) (collectively, the "Amended Sections").

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 Notes then outstanding Notes, and with respect to the proposed amendment to eliminate the Issuers' obligation to repurchase the Notes upon voting as a Change of Control having been approved by at least 662/3% in aggregate principal amount of the outstanding Notessingle class, 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 default, event of default related 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 4.3 801 (Limitation Company May Consolidate, Etc., Only on Restricted PaymentsCertain Terms) • Section 802 (Successor Substituted); • Section 4.5 501 (Payment of Taxes and Other Claims); Section 4.6 4) (Compliance Certificate; Notice Events of Default); • Section 4.7 501 (Reports5) (Events of Default); • Section 4.8 501 (Limitation on Status as Investment Company6) (Events of Default); • Section 4.9 1005 (Limitation Purchase of Transactions with AffiliatesSecurities by Company or Subsidiary); • Section 4.10 1006 (Limitation on Indebtedness and Disqualified Capital StockStatement by Officer as to Default); • Section 4.11 1008 (Limitation on Liens); • Section 4.12 1009 (Limitation Limitations on Sale of Assetsand Leaseback Transactions); • Section 4.13 1010 (Covenants with Respect to the ManagerSubsidiary Guarantees); • Section 4.15 1011 (Acceptance of Remaining Excess Cash Purchase Offers and Change of Control OffersAdditional Guarantors); and • Section 4.17 1012 (Limitation Restrictions on Merger, Sale or Consolidation; and Section 9.1 (Repurchase of Securities at Option of Holder Upon a Change of ControlSubsidiary Indebtedness) (collectively, the "Amended Sections").

Deletion of Certain Provisions. Pursuant Subject to the terms Article II hereof, each of the Offer and the consent of Holders representing at least a majority in aggregate principal amount following provisions of the outstanding NotesOriginal Indenture (and any corresponding provision of any Note) is hereby deleted and eliminated in its entirety, and with respect to the proposed amendment to eliminate the Issuers' obligation to repurchase the Notes upon a Change without any redesignation of Control having been approved by at least 662/3% in aggregate principal amount any other provision of the outstanding Notes, the Original 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 (or 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. Note): Section 4.3 (SEC Reports), Section 4.5 (Taxes), Section 4.6 (Stay, Extension and Usury Laws), Section 4.7 (Limitation on Incurrence of Additional Indebtedness and Disqualified Capital Stock), Section 4.8 (Limitation on Liens), Section 4.9 (Limitation on Restricted Payments); Section 4.5 (Payment of Taxes and Other Claims); Section 4.6 (Compliance Certificate; Notice of Default); Section 4.7 (Reports); Section 4.8 (Limitation on Status as Investment Company); Section 4.9 (Limitation of Transactions with Affiliates); , Section 4.10 (Limitation on Indebtedness Dividends and Disqualified Capital StockOther Payment Restrictions Affecting Subsidiaries); , Section 4.11 (Limitation on LiensTransactions with Affiliates); , Section 4.12 (Limitation on Sale of AssetsAssets and Subsidiary Stock); , Section 4.13 4.14 (Covenants with Respect to the ManagerLimitation on Layering Indebtedness); , Section 4.15 (Acceptance of Remaining Excess Cash Purchase Offers and Change of Control OffersSubsidiary Guarantors); , Section 4.16 (Limitation on Status as an Investment Company), Section 4.17 (Limitation on MergerMaintenance of Properties and Insurance), Sale or Consolidation; Section 6.1(3), Section 6.1(6), Section 6.1(7), Section 6.1(8) and Section 9.1 (Repurchase of Securities at Option of Holder Upon a Change of Control) (collectively, the "Amended Sections").Article X.