Common use of Matters Subject to Modification Clause in Contracts

Matters Subject to Modification. Any term, covenant, agreement or condition of this Agreement may, with the consent of the Company, be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), if the Company shall have obtained the consent in writing of the holder or holders of at least 66 2/3% in aggregate principal amount of the Notes, the May 1995 Series Notes and the April 1994 Series Notes (taken together and voting as one class) then outstanding; provided, however, that, without the written consent of the holder or holders of all of the Notes, May 1995 Series Notes and April 1994 Series Notes then outstanding, no such waiver, modification, alteration or amendment shall be effective which will (i) change the time of payment (including any required prepayment) of the principal of or the interest on any Note, (ii) reduce the principal amount thereof or the premium, if any, or change the rate of interest thereon, (iii) change any provision of any instrument affecting the preferences between holders of the Notes or between holders of the Notes and other creditors of the Company, or (iv) change any of the provisions of Section 6.10, Section 8 or this Section 9. For the purpose of determining whether the holder or holders of all or any requisite principal amount of Notes, or of Notes, May 1995 Series Notes and April 1994 Series Notes, have made or concurred in any waiver, consent, approval, notice or other communication under this Agreement, any and all Notes, May 1995 Series Notes and April 1994 Series Notes held in the name of, or owned beneficially by, the Company, any Subsidiary or any Affiliate thereof, shall not be deemed outstanding.

Matters Subject to Modification. Any term, covenant, agreement or condition of this Agreement may, with the consent of the Company, be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), if the Company shall have obtained the consent in writing of the holder or holders of at least 66 2/3% in aggregate principal amount of the Notes, the May 1995 Series Notes and the April October 1994 Series Notes (taken together and voting as one class) then outstanding; provided, however, that, without the written consent of the holder or holders of all of the Notes, May 1995 Series Notes and April October 1994 Series Notes then outstanding, no such waiver, modification, alteration or amendment shall be effective which will (i) change the time of payment (including any required prepayment) of the principal of or the interest on any Note, (ii) reduce the principal amount thereof or the premium, if any, or change the rate of interest thereon, (iii) change any provision of any instrument affecting the preferences between holders of the Notes or between holders of the Notes and other creditors of the Company, or (iv) change any of the provisions of Section 6.10, Section 8 or this Section 9. For the purpose of determining whether the holder or holders of all or any requisite principal amount of Notes, or of Notes, May 1995 Series Notes and April October 1994 Series Notes, have made or concurred in any waiver, consent, approval, notice or other communication under this Agreement, any and all Notes, May 1995 Series Notes and April October 1994 Series Notes held in the name of, or owned beneficially by, the Company, any Subsidiary or any Affiliate thereof, shall not be deemed outstanding.