Common use of Indenture Amendments Clause in Contracts

Indenture Amendments. The Indenture is hereby amended as follows: (a) The table of contents of the Indenture is amended by (i) replacing the heading “Corporate Existence” in Section 10.04 with the heading “[intentionally omitted]”; (ii) replacing the heading “Maintenance of Properties” in Section 10.06 with the heading “[intentionally omitted]”; (iii) replacing the heading “Insurance” in Section 10.07 with the heading “[intentionally omitted]”; (iv) replacing the heading “Books and Records” in Section 10.08 with the heading “[intentionally omitted]”; (v) replacing the heading “Change of Control” in Section 10.10 with the heading “[intentionally omitted]”; (vi) replacing the heading “Limitation on Indebtedness” in Section 10.11 with the heading “[intentionally omitted]”; (vii) replacing the heading “Statement by Officers as to Default” in Section 10.12 with the heading “[intentionally omitted]”; (viii) replacing the heading “Limitation on Restricted Payments” in Section 10.13 with the heading “[intentionally omitted]”; (ix) replacing the heading “Limitation on Affiliate Transactions” in Section 10.14 with the heading “[intentionally omitted]”; (x) replacing the heading “Limitation on Sales of Assets and Subsidiary Stock” in Section 10.15 with the heading “[intentionally omitted]”; (xi) replacing the heading “Limitation on Lines of Business” in Section 10.17 with the heading “[intentionally omitted]”; (xii) replacing the heading “Limitation of Guarantees by Restricted Subsidiaries” in Section 10.18 with the heading “[intentionally omitted]”; (xiii) replacing the heading “Limitation on the Sales or Issuance of Capital Stock of Restricted Subsidiaries” in Section 10.19 with the heading “[intentionally omitted]”;and (xiv) replacing the heading “Limitation on Restrictions on Distributions from Restricted Subsidiaries” in Section 10.20 with the heading “[intentionally omitted]”. (b) Section 1.01 of the Indenture is amended to delete the following definitions: “Additional Assets” “Adjusted Consolidated Net Tangible Assets” “Asset Disposition” “Average Life” “Consolidated Interest Expense” “Consolidated Leverage Ratio” “Consolidated Net Income” “Cumulative Interest Expense” “EBITDA” “Fair Market Value” “Investment” “Net Available Cash” “Net Cash Proceeds” “Permitted Investment” “Purchase Money Note” “Qualified Receivables Transaction” “Receivables Subsidiary” “Refinance” “Refinancing Indebtedness” “Restricted Payment” “Standard Securitization Undertakings” “Strategic Subordinated Indebtedness” “Temporary Cash Investments” “Unrestricted Subsidiary” “Wholly-Owned Subsidiary” (c) The definition of “Indebtedness” set forth in Section 1.01 of the Indenture is amended by deleting the last sentence of such definition. (d) Section 1.02 of the Indenture is amended to delete the following terms and the corresponding section numbers: “Affiliate Transaction” “Asset Sale Offer” “Change of Control Date” “Change of Control Offer” “Offer Excess Proceeds” (e) Section 5.01 of the Indenture is amended by deleting the text of subsections (iii), (iv), (v), (vi), (vii) in their entirety and inserting in lieu thereof “[intentionally omitted]”. (f) Section 5.02 of the Indenture is amended by deleting the text of Section 5.02 in its entirety and inserting in lieu thereof: “If an Event of Default (other than an Event of Default specified in clause (viii), (ix) or (x) of Section 5.01 hereof with respect to the Company) occurs and is continuing, then the holders of at least 51% in principal amount of the Outstanding Notes may, by written notice, and the Trustee upon the request of the holders of not less than 51% in principal amount of the outstanding Notes shall, declare the Default Amount of all Outstanding Notes to be immediately due and payable by notice to the Company and upon any such declaration and notice such amounts shall become immediately due and payable. If an Event of Default specified in clause (viii), (ix) or (x) above with respect to the Company occurs and is continuing, then the Default Amount of all Outstanding Notes shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. After a declaration of acceleration or any ipso facto acceleration as related to clause (viii), (ix) or (x) of Section 5.01, the holders of a majority in aggregate principal amount of Outstanding Notes may, by notice to the Trustee, rescind such declaration of acceleration and its consequences if all existing Events of Default, other than nonpayment of the principal of, and accrued and unpaid interest on, the Notes that has become due solely as a result of such acceleration, have been cured or waived and if the rescission of acceleration would not conflict with any judgment or decree.” (g) Article 8 of the Indenture is amended by deleting the text of Section 8.01 in its entirety and inserting in lieu thereof:

Appears in 2 contracts

Samples: Supplemental Indenture (Alestra), Supplemental Indenture (Alestra)

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Indenture Amendments. The Pursuant to Section 9.02 of the Indenture, and subject to Section 3(b) of this First Supplemental Indenture, the Indenture is and the Notes are hereby amended as follows: (a) The table Section 4.02 (“Maintenance of contents Office or Agency”) of the Indenture is amended by (i) replacing the heading deleted in its entirety and replaced with Corporate Existence” in Section 10.04 with the heading “[intentionally omitted]Reserved.; (ii) replacing the heading “Maintenance of Properties” in Section 10.06 with the heading “[intentionally omitted]”; (iii) replacing the heading “Insurance” in Section 10.07 with the heading “[intentionally omitted]”; (iv) replacing the heading “Books and Records” in Section 10.08 with the heading “[intentionally omitted]”; (v) replacing the heading “Change of Control” in Section 10.10 with the heading “[intentionally omitted]”; (vi) replacing the heading “Limitation on Indebtedness” in Section 10.11 with the heading “[intentionally omitted]”; (vii) replacing the heading “Statement by Officers as to Default” in Section 10.12 with the heading “[intentionally omitted]”; (viii) replacing the heading “Limitation on Restricted Payments” in Section 10.13 with the heading “[intentionally omitted]”; (ix) replacing the heading “Limitation on Affiliate Transactions” in Section 10.14 with the heading “[intentionally omitted]”; (x) replacing the heading “Limitation on Sales of Assets and Subsidiary Stock” in Section 10.15 with the heading “[intentionally omitted]”; (xi) replacing the heading “Limitation on Lines of Business” in Section 10.17 with the heading “[intentionally omitted]”; (xii) replacing the heading “Limitation of Guarantees by Restricted Subsidiaries” in Section 10.18 with the heading “[intentionally omitted]”; (xiii) replacing the heading “Limitation on the Sales or Issuance of Capital Stock of Restricted Subsidiaries” in Section 10.19 with the heading “[intentionally omitted]”;and (xiv) replacing the heading “Limitation on Restrictions on Distributions from Restricted Subsidiaries” in Section 10.20 with the heading “[intentionally omitted]”. (b) Section 1.01 4.03 (“Reports”) of the Indenture is amended to delete the following definitions: deleted in its entirety and replaced with Additional Assets” “Adjusted Consolidated Net Tangible Assets” “Asset Disposition” “Average Life” “Consolidated Interest Expense” “Consolidated Leverage Ratio” “Consolidated Net Income” “Cumulative Interest Expense” “EBITDA” “Fair Market Value” “Investment” “Net Available Cash” “Net Cash Proceeds” “Permitted Investment” “Purchase Money Note” “Qualified Receivables Transaction” “Receivables Subsidiary” “Refinance” “Refinancing Indebtedness” “Restricted Payment” “Standard Securitization Undertakings” “Strategic Subordinated Indebtedness” “Temporary Cash Investments” “Unrestricted Subsidiary” “Wholly-Owned SubsidiaryReserved.” (c) The definition of Section 4.04 (Indebtedness” set forth in Section 1.01 Compliance Certificate”) of the Indenture is amended by deleting the last sentence of such definitiondeleted in its entirety and replaced with “Reserved. (d) Section 1.02 4.06 (“Restricted Payments”) of the Indenture is amended to delete the following terms deleted in its entirety and the corresponding section numbers: replaced with Affiliate Transaction” “Asset Sale Offer” “Change of Control Date” “Change of Control Offer” “Offer Excess ProceedsReserved.” (e) Section 5.01 4.07 (“Dividend and Other Payment Restrictions Affecting Restricted Subsidiaries”) of the Indenture is amended by deleting the text of subsections (iii), (iv), (v), (vi), (vii) deleted in their its entirety and inserting in lieu thereof replaced with [intentionally omitted]Reserved.. (f) Section 5.02 4.08 (“Incurrence of Indebtedness”) of the Indenture is amended by deleting the text of Section 5.02 deleted in its entirety and inserting in lieu thereof: replaced with If an Event of Default (other than an Event of Default specified in clause (viii), (ix) or (x) of Section 5.01 hereof with respect to the Company) occurs and is continuing, then the holders of at least 51% in principal amount of the Outstanding Notes may, by written notice, and the Trustee upon the request of the holders of not less than 51% in principal amount of the outstanding Notes shall, declare the Default Amount of all Outstanding Notes to be immediately due and payable by notice to the Company and upon any such declaration and notice such amounts shall become immediately due and payable. If an Event of Default specified in clause (viii), (ix) or (x) above with respect to the Company occurs and is continuing, then the Default Amount of all Outstanding Notes shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. After a declaration of acceleration or any ipso facto acceleration as related to clause (viii), (ix) or (x) of Section 5.01, the holders of a majority in aggregate principal amount of Outstanding Notes may, by notice to the Trustee, rescind such declaration of acceleration and its consequences if all existing Events of Default, other than nonpayment of the principal of, and accrued and unpaid interest on, the Notes that has become due solely as a result of such acceleration, have been cured or waived and if the rescission of acceleration would not conflict with any judgment or decreeReserved.” (g) Article 8 Section 4.09 (“Asset Sales”) of the Indenture is amended by deleting the text of Section 8.01 deleted in its entirety and inserting replaced with “Reserved.” (h) Section 4.10 (“Transactions with Affiliates”) of the Indenture is deleted in lieu thereof:its entirety and replaced with “Reserved.” (i) Section 4.11 (“Liens”) of the Indenture is deleted in its entirety and replaced with “Reserved.” (j) Section 4.12 (“Corporate Existence”) of the Indenture is deleted in its entirety and replaced with “Reserved.” (k) Section 4.13 (“Offer to Repurchase Upon Change of Control”) of the Indenture is deleted in its entirety and replaced with “Reserved.” (l) Section 4.14 (“Limitation on Issuances of Guarantees by Subsidiary Guarantors”) of the Indenture is deleted in its entirety and replaced with “Reserved.” (m) Section 4.16 (“Restrictions on Activities of Co-Issuer”) of the Indenture is deleted in its entirety and replaced with “Reserved.” (n) Section 4.17 (“Master Lease”) of the Indenture is deleted in its entirety and replaced with “Reserved.” (o) Section 4.18 (“Future Guarantors”) of the Indenture is deleted in its entirety and replaced with “Reserved.” (p) Section 5.01 (“Consolidation, Merger and Sale of Assets”) of the Indenture is deleted in its entirety and replaced with “Reserved.” (q) Section 6.01(3) – (7) (“Events of Default”) of the Indenture are each deleted in their entirety and replaced with “Reserved.”

Appears in 2 contracts

Samples: First Supplemental Indenture (MGM Growth Properties Operating Partnership LP), First Supplemental Indenture (MGM Growth Properties Operating Partnership LP)

Indenture Amendments. The Pursuant to Section 9.02 of the Indenture, and subject to Section 3(b) of this Seventh Supplemental Indenture, the Indenture is and the Notes are hereby amended as follows: (a) The table Section 4.02 (“Maintenance of contents Office or Agency”) of the Indenture is amended by (i) replacing the heading deleted in its entirety and replaced with Corporate Existence” in Section 10.04 with the heading “[intentionally omitted]Reserved.; (ii) replacing the heading “Maintenance of Properties” in Section 10.06 with the heading “[intentionally omitted]”; (iii) replacing the heading “Insurance” in Section 10.07 with the heading “[intentionally omitted]”; (iv) replacing the heading “Books and Records” in Section 10.08 with the heading “[intentionally omitted]”; (v) replacing the heading “Change of Control” in Section 10.10 with the heading “[intentionally omitted]”; (vi) replacing the heading “Limitation on Indebtedness” in Section 10.11 with the heading “[intentionally omitted]”; (vii) replacing the heading “Statement by Officers as to Default” in Section 10.12 with the heading “[intentionally omitted]”; (viii) replacing the heading “Limitation on Restricted Payments” in Section 10.13 with the heading “[intentionally omitted]”; (ix) replacing the heading “Limitation on Affiliate Transactions” in Section 10.14 with the heading “[intentionally omitted]”; (x) replacing the heading “Limitation on Sales of Assets and Subsidiary Stock” in Section 10.15 with the heading “[intentionally omitted]”; (xi) replacing the heading “Limitation on Lines of Business” in Section 10.17 with the heading “[intentionally omitted]”; (xii) replacing the heading “Limitation of Guarantees by Restricted Subsidiaries” in Section 10.18 with the heading “[intentionally omitted]”; (xiii) replacing the heading “Limitation on the Sales or Issuance of Capital Stock of Restricted Subsidiaries” in Section 10.19 with the heading “[intentionally omitted]”;and (xiv) replacing the heading “Limitation on Restrictions on Distributions from Restricted Subsidiaries” in Section 10.20 with the heading “[intentionally omitted]”. (b) Section 1.01 4.03 (“Reports”) of the Indenture is amended to delete the following definitions: deleted in its entirety and replaced with Additional Assets” “Adjusted Consolidated Net Tangible Assets” “Asset Disposition” “Average Life” “Consolidated Interest Expense” “Consolidated Leverage Ratio” “Consolidated Net Income” “Cumulative Interest Expense” “EBITDA” “Fair Market Value” “Investment” “Net Available Cash” “Net Cash Proceeds” “Permitted Investment” “Purchase Money Note” “Qualified Receivables Transaction” “Receivables Subsidiary” “Refinance” “Refinancing Indebtedness” “Restricted Payment” “Standard Securitization Undertakings” “Strategic Subordinated Indebtedness” “Temporary Cash Investments” “Unrestricted Subsidiary” “Wholly-Owned SubsidiaryReserved.” (c) The definition of Section 4.04 (Indebtedness” set forth in Section 1.01 Compliance Certificate”) of the Indenture is amended by deleting the last sentence of such definitiondeleted in its entirety and replaced with “Reserved. (d) Section 1.02 4.06 (“Restricted Payments”) of the Indenture is amended to delete the following terms deleted in its entirety and the corresponding section numbers: replaced with Affiliate Transaction” “Asset Sale Offer” “Change of Control Date” “Change of Control Offer” “Offer Excess ProceedsReserved.” (e) Section 5.01 4.07 (“Dividend and Other Payment Restrictions Affecting Restricted Subsidiaries”) of the Indenture is amended by deleting the text of subsections (iii), (iv), (v), (vi), (vii) deleted in their its entirety and inserting in lieu thereof replaced with [intentionally omitted]Reserved.. (f) Section 5.02 4.08 (“Incurrence of Indebtedness”) of the Indenture is amended by deleting the text of Section 5.02 deleted in its entirety and inserting in lieu thereof: replaced with If an Event of Default (other than an Event of Default specified in clause (viii), (ix) or (x) of Section 5.01 hereof with respect to the Company) occurs and is continuing, then the holders of at least 51% in principal amount of the Outstanding Notes may, by written notice, and the Trustee upon the request of the holders of not less than 51% in principal amount of the outstanding Notes shall, declare the Default Amount of all Outstanding Notes to be immediately due and payable by notice to the Company and upon any such declaration and notice such amounts shall become immediately due and payable. If an Event of Default specified in clause (viii), (ix) or (x) above with respect to the Company occurs and is continuing, then the Default Amount of all Outstanding Notes shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. After a declaration of acceleration or any ipso facto acceleration as related to clause (viii), (ix) or (x) of Section 5.01, the holders of a majority in aggregate principal amount of Outstanding Notes may, by notice to the Trustee, rescind such declaration of acceleration and its consequences if all existing Events of Default, other than nonpayment of the principal of, and accrued and unpaid interest on, the Notes that has become due solely as a result of such acceleration, have been cured or waived and if the rescission of acceleration would not conflict with any judgment or decreeReserved.” (g) Article 8 Section 4.09 (“Asset Sales”) of the Indenture is amended by deleting the text of Section 8.01 deleted in its entirety and inserting replaced with “Reserved.” (h) Section 4.10 (“Transactions with Affiliates”) of the Indenture is deleted in lieu thereof:its entirety and replaced with “Reserved.” (i) Section 4.11 (“Liens”) of the Indenture is deleted in its entirety and replaced with “Reserved.” (j) Section 4.12 (“Corporate Existence”) of the Indenture is deleted in its entirety and replaced with “Reserved.” (k) Section 4.13 (“Offer to Repurchase Upon Change of Control”) of the Indenture is deleted in its entirety and replaced with “Reserved.” (l) Section 4.14 (“Limitation on Issuances of Guarantees by Subsidiary Guarantors”) of the Indenture is deleted in its entirety and replaced with “Reserved.” (m) Section 4.16 (“Activities of Co-Issuer”) of the Indenture is deleted in its entirety and replaced with “Reserved.” (n) Section 4.17 (“Initial Master Lease”) of the Indenture is deleted in its entirety and replaced with “Reserved.” (o) Section 4.18 (“Further Assurances”) of the Indenture is deleted in its entirety and replaced with “Reserved.” (p) Section 5.01 (“Merger, Consolidation or Sale of Assets”) of the Indenture is deleted in its entirety and replaced with “Reserved.” (q) Section 6.01(3) – (7) (“Events of Default”) of the Indenture are each deleted in their entirety and replaced with “Reserved.”

Appears in 1 contract

Samples: Seventh Supplemental Indenture (MGM Growth Properties Operating Partnership LP)

Indenture Amendments. The Indenture is hereby amended as follows: (a) The table of contents of the Indenture is amended by (i) replacing the heading “Corporate Existence” in Section 10.04 with the heading “[intentionally omitted]”; (ii) replacing the heading “Payment of Taxes and Other Claims” in Section 10.05 with the heading “[intentionally omitted]”; (iii) replacing the heading “Maintenance of Properties” in Section 10.06 with the heading “[intentionally omitted]”; (iiiiv) replacing the heading “Insurance” in Section 10.07 with the heading “[intentionally omitted]”; (ivv) replacing the heading “Books and Records” in Section 10.08 with the heading “[intentionally omitted]”; (vvi) replacing the heading “Change of Control” in Section 10.10 with the heading “[intentionally omitted]”; (vivii) replacing the heading “Limitation on Indebtedness” in Section 10.11 with the heading “[intentionally omitted]”; (viiviii) replacing the heading “Statement by Officers as to Default” in Section 10.12 with the heading “[intentionally omitted]”; (viiiix) replacing the heading “Limitation on Restricted Payments” in Section 10.13 with the heading “[intentionally omitted]”; (ixx) replacing the heading “Limitation on Affiliate Transactions” in Section 10.14 with the heading “[intentionally omitted]”; (xxi) replacing the heading “Limitation on Sales of Assets and Subsidiary Stock” in Section 10.15 with the heading “[intentionally omitted]”; (xixii) replacing the heading “Limitation on Liens” in Section 10.16 with the heading “[intentionally omitted]”; (xiii) replacing the heading “Limitation on Lines of Business” in Section 10.17 with the heading “[intentionally omitted]”; (xiixiv) replacing the heading “Limitation of Guarantees by Restricted Subsidiaries” in Section 10.18 with the heading “[intentionally omitted]”; (xiiixv) replacing the heading “Limitation on the Sales or Issuance of Capital Stock of Restricted Subsidiaries” in Section 10.19 with the heading “[intentionally omitted]”;and (xivxvi) replacing the heading “Limitation on Restrictions on Distributions from Restricted Subsidiaries” in Section 10.20 with the heading “[intentionally omitted]”. (b) Section 1.01 of the Indenture is amended to delete the following definitions: “Additional Assets” “Adjusted Consolidated Net Tangible Assets” “Asset Disposition” “Average Life” “Consolidated Interest Expense” “Consolidated Leverage Ratio” “Consolidated Net Income” “Cumulative Interest Expense” “EBITDA” “Fair Market Value” “Investment” “Net Available Cash” “Net Cash Proceeds” “Permitted Investment” “Purchase Money Note” “Qualified Receivables Transaction” “Receivables Subsidiary” “Refinance” “Refinancing Indebtedness” “Restricted Payment” “Standard Securitization Undertakings” “Strategic Subordinated Indebtedness” “Temporary Cash Investments” “Unrestricted Subsidiary” “Wholly-Owned Subsidiary (c) The definition of “Indebtedness” set forth in Section 1.01 of the Indenture is amended by deleting the last sentence of such definition. (d) Section 1.02 of the Indenture is amended to delete the following terms and the corresponding section numbers: “Affiliate Transaction” “Asset Sale Offer” “Change of Control Date” “Change of Control Offer” “Offer Excess Proceeds” (e) Section 5.01 of the Indenture is amended by deleting the text of subsections (iii), (iv), (v), (vi), (vii) in their entirety and inserting in lieu thereof “[intentionally omitted]”. (f) Section 5.02 of the Indenture is amended by deleting the text of Section 5.02 in its entirety and inserting in lieu thereof: “If an Event of Default (other than an Event of Default specified in clause (viii), (ix) or (x) of Section 5.01 hereof with respect to the Company) occurs and is continuing, then the holders of at least 51% in principal amount of the Outstanding Notes may, by written notice, and the Trustee upon the request of the holders of not less than 51% in principal amount of the outstanding Notes shall, declare the Default Amount of all Outstanding Notes to be immediately due and payable by notice to the Company and upon any such declaration and notice such amounts shall become immediately due and payable. If an Event of Default specified in clause (viii), (ix) or (x) above with respect to the Company occurs and is continuing, then the Default Amount of all Outstanding Notes shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. After a declaration of acceleration or any ipso facto acceleration as related to clause (viii), (ix) or (x) of Section 5.01, the holders of a majority in aggregate principal amount of Outstanding Notes may, by notice to the Trustee, rescind such declaration of acceleration and its consequences if all existing Events of Default, other than nonpayment of the principal of, and accrued and unpaid interest on, the Notes that has become due solely as a result of such acceleration, have been cured or waived and if the rescission of acceleration would not conflict with any judgment or decree.” (g) Article 8 of the Indenture is amended by deleting the text of Section 8.01 in its entirety and inserting in lieu thereof:

Appears in 1 contract

Samples: Supplemental Indenture (Alestra)

Indenture Amendments. The Pursuant to Section 9.02 of the Indenture, and subject to Section 3(b) of this Seventh Supplemental Indenture, the Indenture is and the Notes are hereby amended as follows: (a) The table Section 4.02 (“Maintenance of contents Office or Agency”) of the Indenture is amended by (i) replacing the heading deleted in its entirety and replaced with Corporate Existence” in Section 10.04 with the heading “[intentionally omitted]Reserved.; (ii) replacing the heading “Maintenance of Properties” in Section 10.06 with the heading “[intentionally omitted]”; (iii) replacing the heading “Insurance” in Section 10.07 with the heading “[intentionally omitted]”; (iv) replacing the heading “Books and Records” in Section 10.08 with the heading “[intentionally omitted]”; (v) replacing the heading “Change of Control” in Section 10.10 with the heading “[intentionally omitted]”; (vi) replacing the heading “Limitation on Indebtedness” in Section 10.11 with the heading “[intentionally omitted]”; (vii) replacing the heading “Statement by Officers as to Default” in Section 10.12 with the heading “[intentionally omitted]”; (viii) replacing the heading “Limitation on Restricted Payments” in Section 10.13 with the heading “[intentionally omitted]”; (ix) replacing the heading “Limitation on Affiliate Transactions” in Section 10.14 with the heading “[intentionally omitted]”; (x) replacing the heading “Limitation on Sales of Assets and Subsidiary Stock” in Section 10.15 with the heading “[intentionally omitted]”; (xi) replacing the heading “Limitation on Lines of Business” in Section 10.17 with the heading “[intentionally omitted]”; (xii) replacing the heading “Limitation of Guarantees by Restricted Subsidiaries” in Section 10.18 with the heading “[intentionally omitted]”; (xiii) replacing the heading “Limitation on the Sales or Issuance of Capital Stock of Restricted Subsidiaries” in Section 10.19 with the heading “[intentionally omitted]”;and (xiv) replacing the heading “Limitation on Restrictions on Distributions from Restricted Subsidiaries” in Section 10.20 with the heading “[intentionally omitted]”. (b) Section 1.01 4.03 (“Reports”) of the Indenture is amended to delete the following definitions: deleted in its entirety and replaced with Additional Assets” “Adjusted Consolidated Net Tangible Assets” “Asset Disposition” “Average Life” “Consolidated Interest Expense” “Consolidated Leverage Ratio” “Consolidated Net Income” “Cumulative Interest Expense” “EBITDA” “Fair Market Value” “Investment” “Net Available Cash” “Net Cash Proceeds” “Permitted Investment” “Purchase Money Note” “Qualified Receivables Transaction” “Receivables Subsidiary” “Refinance” “Refinancing Indebtedness” “Restricted Payment” “Standard Securitization Undertakings” “Strategic Subordinated Indebtedness” “Temporary Cash Investments” “Unrestricted Subsidiary” “Wholly-Owned SubsidiaryReserved.” (c) The definition of Section 4.04 (Indebtedness” set forth in Section 1.01 Compliance Certificate”) of the Indenture is amended by deleting the last sentence of such definitiondeleted in its entirety and replaced with “Reserved. (d) Section 1.02 4.07 (“Restricted Payments”) of the Indenture is amended to delete the following terms deleted in its entirety and the corresponding section numbers: replaced with Affiliate Transaction” “Asset Sale Offer” “Change of Control Date” “Change of Control Offer” “Offer Excess ProceedsReserved.” (e) Section 5.01 4.08 (“Dividend and Other Payment Restrictions Affecting Restricted Subsidiaries”) of the Indenture is amended by deleting the text of subsections (iii), (iv), (v), (vi), (vii) deleted in their its entirety and inserting in lieu thereof replaced with [intentionally omitted]Reserved.. (f) Section 5.02 4.09 (“Incurrence of Indebtedness”) of the Indenture is amended by deleting the text of Section 5.02 deleted in its entirety and inserting in lieu thereof: replaced with If an Event of Default (other than an Event of Default specified in clause (viii), (ix) or (x) of Section 5.01 hereof with respect to the Company) occurs and is continuing, then the holders of at least 51% in principal amount of the Outstanding Notes may, by written notice, and the Trustee upon the request of the holders of not less than 51% in principal amount of the outstanding Notes shall, declare the Default Amount of all Outstanding Notes to be immediately due and payable by notice to the Company and upon any such declaration and notice such amounts shall become immediately due and payable. If an Event of Default specified in clause (viii), (ix) or (x) above with respect to the Company occurs and is continuing, then the Default Amount of all Outstanding Notes shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. After a declaration of acceleration or any ipso facto acceleration as related to clause (viii), (ix) or (x) of Section 5.01, the holders of a majority in aggregate principal amount of Outstanding Notes may, by notice to the Trustee, rescind such declaration of acceleration and its consequences if all existing Events of Default, other than nonpayment of the principal of, and accrued and unpaid interest on, the Notes that has become due solely as a result of such acceleration, have been cured or waived and if the rescission of acceleration would not conflict with any judgment or decreeReserved.” (g) Article 8 Section 4.10 (“Asset Sales”) of the Indenture is amended by deleting the text of Section 8.01 deleted in its entirety and inserting replaced with “Reserved.” (h) Section 4.11 (“Transactions with Affiliates”) of the Indenture is deleted in lieu thereof:its entirety and replaced with “Reserved.” (i) Section 4.12 (“Liens”) of the Indenture is deleted in its entirety and replaced with “Reserved.” (j) Section 4.13 (“Corporate Existence”) of the Indenture is deleted in its entirety and replaced with “Reserved.” (k) Section 4.14 (“Offer to Repurchase Upon Change of Control”) of the Indenture is deleted in its entirety and replaced with “Reserved.” (l) Section 4.15 (“Limitation on Issuances of Guarantees by Subsidiary Guarantors”) of the Indenture is deleted in its entirety and replaced with “Reserved.” (m) Section 4.17 (“Activities of Co-Issuer”) of the Indenture is deleted in its entirety and replaced with “Reserved.” (n) Section 4.18 (“Initial Master Lease”) of the Indenture is deleted in its entirety and replaced with “Reserved.” (o) Section 4.19 (“Further Assurances”) of the Indenture is deleted in its entirety and replaced with “Reserved.” (p) Section 5.01 (“Merger, Consolidation or Sale of Assets”) of the Indenture is deleted in its entirety and replaced with “Reserved.” (q) Section 6.01(3) – (7) (“Events of Default”) of the Indenture are each deleted in their entirety and replaced with “Reserved.”

Appears in 1 contract

Samples: Seventh Supplemental Indenture (MGM Growth Properties Operating Partnership LP)

Indenture Amendments. The Pursuant to Section 9.02 of the Indenture, and subject to Section 3(b) of this Seventh Supplemental Indenture, the Indenture is and the Notes are hereby amended as follows: (a) The table Section 4.02 (“Maintenance of contents Office or Agency”) of the Indenture is amended by (i) replacing the heading deleted in its entirety and replaced with Corporate Existence” in Section 10.04 with the heading “[intentionally omitted]Reserved.; (ii) replacing the heading “Maintenance of Properties” in Section 10.06 with the heading “[intentionally omitted]”; (iii) replacing the heading “Insurance” in Section 10.07 with the heading “[intentionally omitted]”; (iv) replacing the heading “Books and Records” in Section 10.08 with the heading “[intentionally omitted]”; (v) replacing the heading “Change of Control” in Section 10.10 with the heading “[intentionally omitted]”; (vi) replacing the heading “Limitation on Indebtedness” in Section 10.11 with the heading “[intentionally omitted]”; (vii) replacing the heading “Statement by Officers as to Default” in Section 10.12 with the heading “[intentionally omitted]”; (viii) replacing the heading “Limitation on Restricted Payments” in Section 10.13 with the heading “[intentionally omitted]”; (ix) replacing the heading “Limitation on Affiliate Transactions” in Section 10.14 with the heading “[intentionally omitted]”; (x) replacing the heading “Limitation on Sales of Assets and Subsidiary Stock” in Section 10.15 with the heading “[intentionally omitted]”; (xi) replacing the heading “Limitation on Lines of Business” in Section 10.17 with the heading “[intentionally omitted]”; (xii) replacing the heading “Limitation of Guarantees by Restricted Subsidiaries” in Section 10.18 with the heading “[intentionally omitted]”; (xiii) replacing the heading “Limitation on the Sales or Issuance of Capital Stock of Restricted Subsidiaries” in Section 10.19 with the heading “[intentionally omitted]”;and (xiv) replacing the heading “Limitation on Restrictions on Distributions from Restricted Subsidiaries” in Section 10.20 with the heading “[intentionally omitted]”. (b) Section 1.01 4.03 (“Reports”) of the Indenture is amended to delete the following definitions: deleted in its entirety and replaced with Additional Assets” “Adjusted Consolidated Net Tangible Assets” “Asset Disposition” “Average Life” “Consolidated Interest Expense” “Consolidated Leverage Ratio” “Consolidated Net Income” “Cumulative Interest Expense” “EBITDA” “Fair Market Value” “Investment” “Net Available Cash” “Net Cash Proceeds” “Permitted Investment” “Purchase Money Note” “Qualified Receivables Transaction” “Receivables Subsidiary” “Refinance” “Refinancing Indebtedness” “Restricted Payment” “Standard Securitization Undertakings” “Strategic Subordinated Indebtedness” “Temporary Cash Investments” “Unrestricted Subsidiary” “Wholly-Owned SubsidiaryReserved.” (c) The definition of Section 4.04 (Indebtedness” set forth in Section 1.01 Compliance Certificate”) of the Indenture is amended by deleting the last sentence of such definitiondeleted in its entirety and replaced with “Reserved. (d) Section 1.02 4.06 (“Restricted Payments”) of the Indenture is amended to delete the following terms deleted in its entirety and the corresponding section numbers: replaced with Affiliate Transaction” “Asset Sale Offer” “Change of Control Date” “Change of Control Offer” “Offer Excess ProceedsReserved.” (e) Section 5.01 4.07 (“Dividend and Other Payment Restrictions Affecting Restricted Subsidiaries”) of the Indenture is amended by deleting the text of subsections (iii), (iv), (v), (vi), (vii) deleted in their its entirety and inserting in lieu thereof replaced with [intentionally omitted]Reserved.. (f) Section 5.02 4.08 (“Incurrence of Indebtedness”) of the Indenture is amended by deleting the text of Section 5.02 deleted in its entirety and inserting in lieu thereof: replaced with If an Event of Default (other than an Event of Default specified in clause (viii), (ix) or (x) of Section 5.01 hereof with respect to the Company) occurs and is continuing, then the holders of at least 51% in principal amount of the Outstanding Notes may, by written notice, and the Trustee upon the request of the holders of not less than 51% in principal amount of the outstanding Notes shall, declare the Default Amount of all Outstanding Notes to be immediately due and payable by notice to the Company and upon any such declaration and notice such amounts shall become immediately due and payable. If an Event of Default specified in clause (viii), (ix) or (x) above with respect to the Company occurs and is continuing, then the Default Amount of all Outstanding Notes shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. After a declaration of acceleration or any ipso facto acceleration as related to clause (viii), (ix) or (x) of Section 5.01, the holders of a majority in aggregate principal amount of Outstanding Notes may, by notice to the Trustee, rescind such declaration of acceleration and its consequences if all existing Events of Default, other than nonpayment of the principal of, and accrued and unpaid interest on, the Notes that has become due solely as a result of such acceleration, have been cured or waived and if the rescission of acceleration would not conflict with any judgment or decreeReserved.” (g) Article 8 Section 4.09 (“Asset Sales”) of the Indenture is amended by deleting the text of Section 8.01 deleted in its entirety and inserting replaced with “Reserved.” (h) Section 4.10 (“Transactions with Affiliates”) of the Indenture is deleted in lieu thereof:its entirety and replaced with “Reserved.” (i) Section 4.11 (“Liens”) of the Indenture is deleted in its entirety and replaced with “Reserved.” (j) Section 4.12 (“Corporate Existence”) of the Indenture is deleted in its entirety and replaced with “Reserved.” (k) Section 4.13 (“Offer to Repurchase Upon Change of Control”) of the Indenture is deleted in its entirety and replaced with “Reserved.” (l) Section 4.14 (“Limitation on Issuances of Guarantees by Subsidiary Guarantors”) of the Indenture is deleted in its entirety and replaced with “Reserved.” (m) Section 4.16 (“Restrictions on Activities of Co-Issuer”) of the Indenture is deleted in its entirety and replaced with “Reserved.” (n) Section 4.17 (“Master Lease”) of the Indenture is deleted in its entirety and replaced with “Reserved.” (o) Section 4.18 (“Future Guarantors”) of the Indenture is deleted in its entirety and replaced with “Reserved.” (p) Section 5.01 (“Consolidation, Merger and Sale of Assets”) of the Indenture is deleted in its entirety and replaced with “Reserved.” (q) Section 6.01(3) – (7) (“Events of Default”) of the Indenture are each deleted in their entirety and replaced with “Reserved.”

Appears in 1 contract

Samples: Seventh Supplemental Indenture (MGM Growth Properties Operating Partnership LP)

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Indenture Amendments. The Indenture is hereby amended as follows: (a) The table of contents of the Indenture is amended by by: (i1) deleting “or Purchased” from the heading “Selection of Notes to be Redeemed or Purchased” in Section 3.02; (2) deleting “or Purchase” from the heading “Deposit of Redemption or Purchase Price” in Section 3.05; (3) deleting “or Purchased” from the heading “Notes Redeemed or Purchased in Part” in Section 3.06; (4) replacing the heading “Asset Sale” in Section 3.09 with the heading “[intentionally omitted]”; (5) replacing the heading “Maintenance of Office or Agency” in Section 4.02 with the heading “[intentionally omitted]”; (6) replacing the heading “Commission Reports” in Section 4.03 with the heading “[intentionally omitted]”; (7) replacing the heading “Compliance Certificate” in Section 4.04 with the heading “[intentionally omitted]”; (8) replacing the heading “Taxes” in Section 4.05 with the heading “[intentionally omitted]”; (9) replacing the heading “Stay, Extension and Usury Laws” in Section 4.06 with the heading “[intentionally omitted]”; (10) replacing the heading “Restricted Payments” in Section 4.07 with the heading “[intentionally omitted]”; (11) replacing the heading “Dividends and Other Payment Restrictions Affecting Restricted Subsidiaries” in Section 4.08 with the heading “[intentionally omitted]”; (12) replacing the heading “Incurrence of Indebtedness and Issuance of Preferred Stock” in Section 4.09 with the heading “[intentionally omitted]”; (13) replacing the heading “Asset Sales” in Section 4.10 with the heading “[intentionally omitted]”; (14) replacing the heading “Transactions with Affiliates” in Section 4.11 with the heading “[intentionally omitted]”; (15) replacing the heading “Liens” in Section 4.12 with the heading “[intentionally omitted]”; (16) replacing the heading “Offer to Purchase Upon Change of Control” in Section 4.13 with the heading “[intentionally omitted]”; (17) replacing the heading “Corporate Existence” in Section 10.04 4.14 with the heading “[intentionally omitted]”; ; (ii18) replacing the heading “Maintenance of PropertiesBusiness Activities” in Section 10.06 4.15 with the heading “[intentionally omitted]”; (iii) replacing the heading “Insurance” in Section 10.07 with the heading “[intentionally omitted]”; (iv) replacing the heading “Books and Records” in Section 10.08 with the heading “[intentionally omitted]”; (v) replacing the heading “Change of Control” in Section 10.10 with the heading “[intentionally omitted]”; (vi) replacing the heading “Limitation on Indebtedness” in Section 10.11 with the heading “[intentionally omitted]”; (vii) replacing the heading “Statement by Officers as to Default” in Section 10.12 with the heading “[intentionally omitted]”; (viii) replacing the heading “Limitation on Restricted Payments” in Section 10.13 with the heading “[intentionally omitted]”; (ix) replacing the heading “Limitation on Affiliate Transactions” in Section 10.14 with the heading “[intentionally omitted]”; (x) replacing the heading “Limitation on Sales of Assets and Subsidiary Stock” in Section 10.15 with the heading “[intentionally omitted]”; (xi) replacing the heading “Limitation on Lines of Business” in Section 10.17 with the heading “[intentionally omitted]”; (xii) replacing the heading “Limitation of Guarantees by Restricted Subsidiaries” in Section 10.18 with the heading “[intentionally omitted]”; (xiii) replacing the heading “Limitation on the Sales or Issuance of Capital Stock of Restricted Subsidiaries” in Section 10.19 with the heading “[intentionally omitted]”;and (xiv) replacing the heading “Limitation on Restrictions on Distributions from Restricted Subsidiaries” in Section 10.20 with the heading “[intentionally omitted]”. (b) Section 1.01 of the Indenture is amended to delete the following definitions: “Additional Assets” “Adjusted Consolidated Net Tangible Assets” “Asset Disposition” “Average Life” “Consolidated Interest Expense” “Consolidated Leverage Ratio” “Consolidated Net Income” “Cumulative Interest Expense” “EBITDA” “Fair Market Value” “Investment” “Net Available Cash” “Net Cash Proceeds” “Permitted Investment” “Purchase Money Note” “Qualified Receivables Transaction” “Receivables Subsidiary” “Refinance” “Refinancing Indebtedness” “Restricted Payment” “Standard Securitization Undertakings” “Strategic Subordinated Indebtedness” “Temporary Cash Investments” “Unrestricted Subsidiary” “Wholly-Owned Subsidiary” (c) The definition of “Indebtedness” set forth in Section 1.01 of the Indenture is amended by deleting the last sentence of such definition. (d) Section 1.02 of the Indenture is amended to delete the following terms and the corresponding section numbers: “Affiliate Transaction” “Asset Sale Offer” “Change of Control Date” “Change of Control Offer” “Offer Excess Proceeds” (e) Section 5.01 of the Indenture is amended by deleting the text of subsections (iii), (iv), (v), (vi), (vii) in their entirety and inserting in lieu thereof “[intentionally omitted]”. (f) Section 5.02 of the Indenture is amended by deleting the text of Section 5.02 in its entirety and inserting in lieu thereof: “If an Event of Default (other than an Event of Default specified in clause (viii), (ix) or (x) of Section 5.01 hereof with respect to the Company) occurs and is continuing, then the holders of at least 51% in principal amount of the Outstanding Notes may, by written notice, and the Trustee upon the request of the holders of not less than 51% in principal amount of the outstanding Notes shall, declare the Default Amount of all Outstanding Notes to be immediately due and payable by notice to the Company and upon any such declaration and notice such amounts shall become immediately due and payable. If an Event of Default specified in clause (viii), (ix) or (x) above with respect to the Company occurs and is continuing, then the Default Amount of all Outstanding Notes shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. After a declaration of acceleration or any ipso facto acceleration as related to clause (viii), (ix) or (x) of Section 5.01, the holders of a majority in aggregate principal amount of Outstanding Notes may, by notice to the Trustee, rescind such declaration of acceleration and its consequences if all existing Events of Default, other than nonpayment of the principal of, and accrued and unpaid interest on, the Notes that has become due solely as a result of such acceleration, have been cured or waived and if the rescission of acceleration would not conflict with any judgment or decree.” (g) Article 8 of the Indenture is amended by deleting the text of Section 8.01 in its entirety and inserting in lieu thereof:;

Appears in 1 contract

Samples: Second Supplemental Indenture (J Crew Operating Corp)

Indenture Amendments. The Pursuant to Section 9.02 of the Indenture, and subject to Section 3(b) of this Seventh Supplemental Indenture, the Indenture is and the Notes are hereby amended as follows: (a) The table Section 4.02 (“Maintenance of contents Office or Agency”) of the Indenture is amended by (i) replacing the heading deleted in its entirety and replaced with Corporate Existence” in Section 10.04 with the heading “[intentionally omitted]Reserved.; (ii) replacing the heading “Maintenance of Properties” in Section 10.06 with the heading “[intentionally omitted]”; (iii) replacing the heading “Insurance” in Section 10.07 with the heading “[intentionally omitted]”; (iv) replacing the heading “Books and Records” in Section 10.08 with the heading “[intentionally omitted]”; (v) replacing the heading “Change of Control” in Section 10.10 with the heading “[intentionally omitted]”; (vi) replacing the heading “Limitation on Indebtedness” in Section 10.11 with the heading “[intentionally omitted]”; (vii) replacing the heading “Statement by Officers as to Default” in Section 10.12 with the heading “[intentionally omitted]”; (viii) replacing the heading “Limitation on Restricted Payments” in Section 10.13 with the heading “[intentionally omitted]”; (ix) replacing the heading “Limitation on Affiliate Transactions” in Section 10.14 with the heading “[intentionally omitted]”; (x) replacing the heading “Limitation on Sales of Assets and Subsidiary Stock” in Section 10.15 with the heading “[intentionally omitted]”; (xi) replacing the heading “Limitation on Lines of Business” in Section 10.17 with the heading “[intentionally omitted]”; (xii) replacing the heading “Limitation of Guarantees by Restricted Subsidiaries” in Section 10.18 with the heading “[intentionally omitted]”; (xiii) replacing the heading “Limitation on the Sales or Issuance of Capital Stock of Restricted Subsidiaries” in Section 10.19 with the heading “[intentionally omitted]”;and (xiv) replacing the heading “Limitation on Restrictions on Distributions from Restricted Subsidiaries” in Section 10.20 with the heading “[intentionally omitted]”. (b) Section 1.01 4.03 (“Reports”) of the Indenture is amended to delete the following definitions: deleted in its entirety and replaced with Additional Assets” “Adjusted Consolidated Net Tangible Assets” “Asset Disposition” “Average Life” “Consolidated Interest Expense” “Consolidated Leverage Ratio” “Consolidated Net Income” “Cumulative Interest Expense” “EBITDA” “Fair Market Value” “Investment” “Net Available Cash” “Net Cash Proceeds” “Permitted Investment” “Purchase Money Note” “Qualified Receivables Transaction” “Receivables Subsidiary” “Refinance” “Refinancing Indebtedness” “Restricted Payment” “Standard Securitization Undertakings” “Strategic Subordinated Indebtedness” “Temporary Cash Investments” “Unrestricted Subsidiary” “Wholly-Owned SubsidiaryReserved.” (c) The definition of Section 4.04 (Indebtedness” set forth in Section 1.01 Compliance Certificate”) of the Indenture is amended by deleting the last sentence of such definitiondeleted in its entirety and replaced with “Reserved. (d) Section 1.02 4.07 (“Restricted Payments”) of the Indenture is amended to delete the following terms deleted in its entirety and the corresponding section numbers: replaced with Affiliate Transaction” “Asset Sale Offer” “Change of Control Date” “Change of Control Offer” “Offer Excess ProceedsReserved.” (e) Section 5.01 4.08 (“Dividend and Other Payment Restrictions Affecting Restricted Subsidiaries”) of the Indenture is amended by deleting the text of subsections (iii), (iv), (v), (vi), (vii) deleted in their its entirety and inserting in lieu thereof replaced with [intentionally omitted]Reserved.. (f) Section 5.02 4.09 (“Incurrence of Indebtedness”) of the Indenture is amended by deleting the text of Section 5.02 deleted in its entirety and inserting in lieu thereof: replaced with If an Event of Default (other than an Event of Default specified in clause (viii), (ix) or (x) of Section 5.01 hereof with respect to the Company) occurs and is continuing, then the holders of at least 51% in principal amount of the Outstanding Notes may, by written notice, and the Trustee upon the request of the holders of not less than 51% in principal amount of the outstanding Notes shall, declare the Default Amount of all Outstanding Notes to be immediately due and payable by notice to the Company and upon any such declaration and notice such amounts shall become immediately due and payable. If an Event of Default specified in clause (viii), (ix) or (x) above with respect to the Company occurs and is continuing, then the Default Amount of all Outstanding Notes shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. After a declaration of acceleration or any ipso facto acceleration as related to clause (viii), (ix) or (x) of Section 5.01, the holders of a majority in aggregate principal amount of Outstanding Notes may, by notice to the Trustee, rescind such declaration of acceleration and its consequences if all existing Events of Default, other than nonpayment of the principal of, and accrued and unpaid interest on, the Notes that has become due solely as a result of such acceleration, have been cured or waived and if the rescission of acceleration would not conflict with any judgment or decreeReserved.” (g) Article 8 Section 4.10 (“Asset Sales”) of the Indenture is amended by deleting the text of Section 8.01 deleted in its entirety and inserting replaced with “Reserved.” (h) Section 4.11 (“Transactions with Affiliates”) of the Indenture is deleted in lieu thereof:its entirety and replaced with “Reserved.” (i) Section 4.12 (“Liens”) of the Indenture is deleted in its entirety and replaced with “Reserved.” (j) Section 4.13 (“Corporate Existence”) of the Indenture is deleted in its entirety and replaced with “Reserved.” (k) Section 4.14 (“Offer to Repurchase Upon Change of Control”) of the Indenture is deleted in its entirety and replaced with “Reserved.” (l) Section 4.15 (“Limitation on Issuances of Guarantees by Subsidiary Guarantors”) of the Indenture is deleted in its entirety and replaced with “Reserved.” (m) Section 4.17 (“Activities of Co-Issuer”) of the Indenture is deleted in its entirety and replaced with “Reserved.” (n) Section 4.18 (“Escrow Issuer Status Prior to Escrow Release Date”) of the Indenture is deleted in its entirety and replaced with “Reserved.” (o) Section 4.19 (“Initial Master Lease”) of the Indenture is deleted in its entirety and replaced with “Reserved.” (p) Section 4.20 (“Further Assurances”) of the Indenture is deleted in its entirety and replaced with “Reserved.” (q) Section 5.01 (“Merger, Consolidation or Sale of Assets”) of the Indenture is deleted in its entirety and replaced with “Reserved.” (r) Section 6.01(3) – (9) (“Events of Default”) of the Indenture are each deleted in their entirety and replaced with “Reserved.”

Appears in 1 contract

Samples: Seventh Supplemental Indenture (MGM Growth Properties Operating Partnership LP)

Indenture Amendments. The Indenture is hereby amended as follows: (a) The table of contents of the Indenture is amended by (i) replacing the heading “Corporate Existence” in Section 10.04 with the heading “[intentionally omitted]”; (ii) replacing the heading “Payment of Taxes and Other Claims” in Section 10.05 with the heading “[intentionally omitted]”; (iii) replacing the heading “Maintenance of Properties” in Section 10.06 with the heading “[intentionally omitted]”; (iiiiv) replacing the heading “Insurance” in Section 10.07 with the heading “[intentionally omitted]”; (ivv) replacing the heading “Books and Records” in Section 10.08 with the heading “[intentionally omitted]”; (vvi) replacing the heading “Change of Control” in Section 10.10 with the heading “[intentionally omitted]”; (vivii) replacing the heading “Limitation on Indebtedness” in Section 10.11 with the heading “[intentionally omitted]”; (viiviii) replacing the heading “Statement by Officers as to Default” in Section 10.12 with the heading “[intentionally omitted]”; (viiiix) replacing the heading “Limitation on Restricted Payments” in Section 10.13 with the heading “[intentionally omitted]”; (ixx) replacing the heading “Limitation on Affiliate Transactions” in Section 10.14 with the heading “[intentionally omitted]”; (xxi) replacing the heading “Limitation on Sales of Assets and Subsidiary Stock” in Section 10.15 with the heading “[intentionally omitted]”; (xixii) replacing the heading “Limitation on Liens” in Section 10.16 with the heading “[intentionally omitted]”; (xiii) replacing the heading “Limitation on Lines of Business” in Section 10.17 with the heading “[intentionally omitted]”; (xiixiv) replacing the heading “Limitation of Guarantees by Restricted Subsidiaries” in Section 10.18 with the heading “[intentionally omitted]”; (xiiixv) replacing the heading “Limitation on the Sales or Issuance of Capital Stock of Restricted Subsidiaries” in Section 10.19 with the heading “[intentionally omitted]”;and omitted]”; and (xivxvi) replacing the heading “Limitation on Restrictions on Distributions from Restricted Subsidiaries” in Section 10.20 with the heading “[intentionally omitted]”. (b) Section 1.01 of the Indenture is amended to delete the following definitions: “Additional Assets” “Adjusted Consolidated Net Tangible Assets” “Asset Disposition” “Average Life” “Consolidated Interest Expense” “Consolidated Leverage Ratio” “Consolidated Net Income” “Cumulative Interest Expense” “EBITDA” “Fair Market Value” “Investment” “Net Available Cash” “Net Cash Proceeds” “Permitted Investment” “Purchase Money Note” “Qualified Receivables Transaction” “Receivables Subsidiary” “Refinance” “Refinancing Indebtedness” “Restricted Payment” “Standard Securitization Undertakings” “Strategic Subordinated Indebtedness” “Temporary Cash Investments” “Unrestricted Subsidiary” “Wholly-Owned Subsidiary (c) The definition of “Indebtedness” set forth in Section 1.01 of the Indenture is amended by deleting the last sentence of such definition. (d) Section 1.02 of the Indenture is amended to delete the following terms and the corresponding section numbers: “Affiliate Transaction” “Asset Sale Offer” “Change of Control Date” “Change of Control Offer” “Offer Excess Proceeds” (e) Section 5.01 of the Indenture is amended by deleting the text of subsections (iii), (iv), (v), (vi), (vii) in their entirety and inserting in lieu thereof “[intentionally omitted]”. (f) Section 5.02 of the Indenture is amended by deleting the text of Section 5.02 in its entirety and inserting in lieu thereof: “If an Event of Default (other than an Event of Default specified in clause (viii), (ix) or (x) of Section 5.01 hereof with respect to the Company) occurs and is continuing, then the holders of at least 51% in principal amount of the Outstanding Notes may, by written notice, and the Trustee upon the request of the holders of not less than 51% in principal amount of the outstanding Notes shall, declare the Default Amount of all Outstanding Notes to be immediately due and payable by notice to the Company and upon any such declaration and notice such amounts shall become immediately due and payable. If an Event of Default specified in clause (viii), (ix) or (x) above with respect to the Company occurs and is continuing, then the Default Amount of all Outstanding Notes shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. After a declaration of acceleration or any ipso facto acceleration as related to clause (viii), (ix) or (x) of Section 5.01, the holders of a majority in aggregate principal amount of Outstanding Notes may, by notice to the Trustee, rescind such declaration of acceleration and its consequences if all existing Events of Default, other than nonpayment of the principal of, and accrued and unpaid interest on, the Notes that has become due solely as a result of such acceleration, have been cured or waived and if the rescission of acceleration would not conflict with any judgment or decree.” (g) Article 8 of the Indenture is amended by deleting the text of Section 8.01 in its entirety and inserting in lieu thereof:

Appears in 1 contract

Samples: Supplemental Indenture (Alestra)

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