Common use of Matters Subject to Modification Clause in Contracts

Matters Subject to Modification. Any term, covenant, agreement or condition of this Agreement or the Guaranty Agreement may, with the consent of the Company and the Guarantor, be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), if the Company and the Guarantor shall have obtained the consent in writing of the holder or holders of at least 66-2/3% in aggregate principal amount of outstanding Notes; provided, however, that, without the written consent of the holder or holders of all of the 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 reduce 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, and the Guarantor or (iv) change any of the provisions of Section 8.1, Section 8.2, Section 8.3 or this Section 9. For the purpose of determining whether holders of the requisite principal amount of Notes have made or concurred in any waiver, consent, approval, notice or other communication under this Agreement or the Guaranty Agreement, Notes held in the name of, or owned beneficially by, the Guarantor, the Company, or any Subsidiary or any Affiliate thereof, shall not be deemed outstanding.

Matters Subject to Modification. Any term, covenant, agreement or condition of this Agreement or Agreement, the Guaranty Agreement Notes, the Subsidiary Guarantees and the Security Documents may, with the written consent of the Company and the Guarantor, be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), if the Company and the Guarantor shall have obtained the consent in writing of the holder or holders of at least 66-2/3% in aggregate principal amount of outstanding Notes; provided, however, that, without the written consent of the holder or holders of all of the 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 reduce 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, and the Guarantor or (iv) change any of the provisions of Section 8.1, Section 8.2, Section 8.3 or this Section 9. For Solely for the purpose of determining whether the holders of the requisite percentage of the aggregate principal amount of Notes have made then outstanding approved or concurred in consented to any waiveramendment, consent, approval, notice waiver or other communication consent to be given under this Agreement or the Guaranty Agreement, Notes held the Notes, any Subsidiary Guarantee or any Security Document, or have directed the taking of any action provided herein any Subsidiary Guarantee, any Security Document or in the name ofNotes to be taken upon the direction of the holders of a specified percentage of the aggregate principal amount of Notes then outstanding, Notes directly or indirectly owned beneficially by, by the Guarantor, the Company, Company or any Subsidiary or any Affiliate thereof, of its Affiliates shall not be deemed not to be outstanding.

Matters Subject to Modification. Any term, covenant, agreement or condition of this Agreement or Agreement, the Guaranty Agreement Notes, the Subsidiary Guarantees and the Security Documents may, with the written consent of the Company and the GuarantorCompany, be amended, or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), if the Company and the Guarantor shall have obtained the consent in writing of the holder or holders of at least 66-2/3% in aggregate principal amount of outstanding Notes; provided, however, that, without the written consent of the holder or holders of all of the 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 reduce 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, and the Guarantor or (iv) change any of the provisions of Section 8.1, Section 8.2, Section 8.3 or this Section 9. For Solely for the purpose of determining whether the holders of the requisite percentage of the aggregate principal amount of Notes have made then outstanding approved or concurred in consented to any waiveramendment, consent, approval, notice waiver or other communication consent to be given under this Agreement or the Guaranty Agreement, Notes held the Notes, any Subsidiary Guarantee or any Security Document, or have directed the taking of any action provided herein any Subsidiary Guarantee, any Security Document or in the name ofNotes to be taken upon the direction of the holders of a specified percentage of the aggregate principal amount of Notes then outstanding, Notes directly or indirectly owned beneficially by, by the Guarantor, the Company, Company or any Subsidiary or any Affiliate thereof, of its Affiliates shall not be deemed not to be outstanding.