INDENTURE AMENDMENT. The Lessee shall have and may exercise all the rights, powers and authority stated to be in the Lessee in the Indenture and in the Bonds, and the Indenture and the Bonds shall not be modified, altered or amended in any manner which adversely affects such rights, powers and authority so stated to be in the Lessee or otherwise adversely affects the Lessee without the written consent of the Lessee.
INDENTURE AMENDMENT. The Indenture shall hereby be amended and supplemented by incorporating the Guarantee of Securities set forth as EXHIBIT A hereto into the Indenture as new Article XI thereto.
INDENTURE AMENDMENT. Upon the request of Parent, and in exchange for Parent's agreement to cause the subordination provisions of the Senior Sub Notes to be eliminated and to cause the Senior Sub Notes to be assumed by Parent, the Company will use its commercially reasonable efforts, at Parent's expense, to solicit consents from the holders of the Senior Sub Notes for an amendment to the Senior Sub Notes that either eliminates or amends the covenants in the Senior Sub Notes identified by Parent. Each of (i) the elimination of the subordination provisions of the Senior Sub Notes, (ii) the assumption of the Senior Sub Notes by Parent and (iii) the elimination or amendment of the covenants in the Senior Sub Notes identified by Parent, as contemplated by this Section 5.23, shall be effective as of the Effective Time.
INDENTURE AMENDMENT. Section 1.01 Amendment to Section 4.18. Clause (iii) of the first paragraph of Section 4.18 of the Indenture shall hereby be amended and supplemented by deleting such clause (iii) in its entirety and replacing it to read as follows: "(iii) make any Investment (other than a Permitted Investment) in, or payment on a guarantee of any obligation of (other than a guarantee of Indebtedness of the Company or any of its Wholly Owned Subsidiaries permitted under clause (xii) of Section 4.9 or a guarantee of the Securities by a Restricted Subsidiary required under Section 4.15), any Person; or."
INDENTURE AMENDMENT. The Company shall provide such evidence, "Officers' Certificates" (as defined in the Indenture) and indemnities, and shall cause the Company's outside counsel to provide such "Opinion of Counsel" (as defined in the Indenture) as the Trustee is entitled to receive or may reasonably request in connection with the execution by the Trustee of a supplemental indenture effecting the Indenture Amendment (the "SUPPLEMENTAL INDENTURE"), whether pursuant to Section 8.02 or 8.06 of the Indenture or otherwise. The Company represents and warrants that the Company's outside counsel has reviewed the Supplemental Indenture and as of the date of this Agreement is prepared to be able to deliver, assuming the requisite consents are obtained, an Opinion of Counsel to the Trustee.
INDENTURE AMENDMENT. The Indenture Amendment shall have been executed and delivered by the Company and the Trustee.
INDENTURE AMENDMENT. Notwithstanding Section 1.3, until the Company delivers written evidence to the Administrative Agent that the basket set forth in Section 4.07(b)(15) of the Company’s Indenture dated as of December 1, 2015 (or in any corresponding provision of any indenture or other agreement refinancing or replacing such Indenture) has been increased to at least $50,000,000, or such Indenture (and any indenture or other agreement refinancing or replacing such Indenture) has been fully terminated, defeased, satisfied or discharged, the basket set forth in Section 8.17(d) of the Credit Agreement shall be deemed to equal $31,250,000 (or, if applicable, any lesser amount then set forth in such Section 4.07(b)(15) (or in any corresponding provision of such other indenture or agreement)).
INDENTURE AMENDMENT. The definition of “Make Whole Amount” in Section 1.01 of the Indenture is hereby amended and restated in its entirety as follows:
INDENTURE AMENDMENT. Pursuant to Section 1002 of the 2008 Base Indenture, and subject to Section 2(b) of this Supplemental Indenture, the Indenture and the Notes are hereby amended by deleting Section A(12) of the Officers’ Certificate in its entirety.
INDENTURE AMENDMENT. The Issuer shall take all action reasonably necessary to amend the Bond Indenture (and the definitive global securities representing the Bonds) (the “Indenture Amendment”) to (x) increase the interest rate applicable to the Bonds to 10% (the “New Rate”) and (y) indicate that the Merger does not constitute a Fundamental Change (as defined in Article I of the Bond Indenture) for purposes of Article V of the Bond Indenture and to waive any notice with respect thereto, with respect to the Consent Participating Bonds (which Consent Participating Bonds may not be accelerated on any basis that the Merger constitutes a Fundamental Change (as defined in Article I of the Bond Indenture)), including, without limitation, furnishing the Bond Indenture trustee with such instructions, documents, opinions and certificates as may be required by such trustee pursuant to and in accordance with the Bond Indenture. The Indenture Amendment shall be effective by no later than three (3) business days following the consummation of the Merger (the “Latest Indenture Amendment Date”); provided, that the provisions of the Indenture Amendment that establish the New Rate shall not become effective prior to the consummation of the Merger. The New Rate shall commence to accrue retroactively to July 2, 2008. The Indenture Amendment shall constitute an Alternative Transaction for all purposes of the Agreement and all undertakings and obligations of the Issuer to make the Offer pursuant to Section 2(b) of the Agreement (and obligations and undertakings ancillary thereto) shall be terminated, provided, however, that if the Indenture Amendment has not become effective on or before the Latest Indenture Amendment Date for any reason, this Consent shall be of no further force and effect and all provisions of the Agreement, including the provisions of Section 2(b) thereof, shall be reinstated, provided, further, that the date set forth in Section 6(b)(ii) of the Agreement shall be extended to the date which is ten (10) business days following the Latest Indenture Amendment Date.
