Common use of Modification and Amendment; Waiver Clause in Contracts

Modification and Amendment; Waiver. The Indenture permits, with certain exceptions as therein provided, the amendment thereof and the modification of the rights and obligations of the Company and the rights of the Holders of the Securities under the Indenture at any time by the Company and the Trustee with the consent of the Holders of a majority in the aggregate principal amount of all Outstanding Securities affected thereby (voting together as a single class). The Indenture also provides that certain amendments or modifications may not be made without the consent of each Holder to be affected thereby. Furthermore, provisions in the Indenture permit the Holders of a majority in the aggregate principal amount of the Outstanding Securities of any series, in certain instances, to waive, on behalf of all of the Holders of Securities of such series, certain past defaults under the Indenture and their consequences. Any such waiver by the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and other Notes issued upon the registration of transfer hereof or in exchange hereof, or in lieu hereof, whether or not notation of such consent or waiver is made upon this Note.

Appears in 4 contracts

Samples: Supplemental Indenture (Developers Diversified Realty Corp), Twelfth Supplemental Indenture (Developers Diversified Realty Corp), Second Supplemental Indenture (Bre Properties Inc /Md/)

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Modification and Amendment; Waiver. The Indenture permits, with certain exceptions as therein provided, the amendment thereof and the modification of the rights and obligations of the Company Issuer, the Parent Guarantor and the rights of the Holders of the Securities Notes under the Indenture at any time by the Company Issuer, the Parent Guarantor and the Trustee with the consent of the Holders of not less than a majority in the aggregate principal amount of all Outstanding Securities the Notes affected thereby (voting together as a single class). The Indenture also provides that certain amendments or modifications may not be made without the consent of each Holder to be affected thereby, while other amendments or modifications may be made without the consent of the Holders. Furthermore, provisions in the Indenture permit the Holders of not less than a majority in the aggregate principal amount of the Outstanding Securities of any seriesNotes, in certain instances, to waive, on behalf of all of the Holders of Securities of such series, certain past defaults under the Indenture and their consequences. Any such waiver by the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and other Notes issued upon the registration of transfer hereof or in exchange hereof, or in lieu hereof, whether or not notation of such consent or waiver is made upon this Note.

Appears in 4 contracts

Samples: First Supplemental Indenture (Sunstone Hotel Investors, Inc.), Second Supplemental Indenture (Lexington Master Limited Partnership), Second Supplemental Indenture (Sunstone Hotel Investors, Inc.)

Modification and Amendment; Waiver. The Indenture permits, with certain exceptions as therein provided, the amendment thereof and the modification of the rights and obligations of the Company Issuer and the Guarantors and the rights of the Holders of the Securities under the Indenture at any time by the Company Issuer, the Guarantors and the Trustee with the consent of the Holders of a majority in the aggregate principal amount of all Securities then Outstanding Securities affected thereby (voting together as a single class). The Indenture also provides that certain amendments or modifications may not be made without the consent of each Holder to be affected thereby. Furthermore, provisions in the Indenture permit the Holders of a majority in the aggregate principal amount of the Securities then Outstanding Securities of any series, in certain instances, to waive, on behalf of all of the Holders of Securities of such series, certain past defaults under the Indenture and their consequences. Any such waiver by the Holder of this Note Security shall be conclusive and binding upon such Holder and upon all future Holders of this Note Security and other Notes Securities issued upon the registration of transfer hereof or in exchange hereof, or in lieu hereof, whether or not notation of such consent or waiver is made upon this NoteSecurity.

Appears in 3 contracts

Samples: Indenture (Northstar Realty Finance Corp.), Indenture (Northstar Realty Finance Corp.), Indenture (Northstar Realty)

Modification and Amendment; Waiver. The Indenture permits, with certain exceptions as therein provided, the amendment thereof and the modification of the rights and obligations of the Company Issuer, the Parent Guarantor and the rights of the Holders of the Securities under the Indenture at any time by the Company Issuer, the Parent Guarantor and the Trustee with the consent of the Holders of not less than a majority in the aggregate principal amount of all Outstanding Securities the Notes affected thereby (voting together as a single class). The Indenture also provides that certain amendments or modifications may not be made without the consent of each Holder to be affected thereby. Furthermore, provisions in the Indenture permit the Holders of not less than a majority in the aggregate principal amount of the Outstanding Securities of any seriesNotes, in certain instances, to waive, on behalf of all of the Holders of Securities of such series, certain past defaults under the Indenture and their consequences. Any such waiver by the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and other Notes issued upon the registration of transfer hereof or in exchange hereof, or in lieu hereof, whether or not notation of such consent or waiver is made upon this Note.

Appears in 2 contracts

Samples: Second Supplemental Indenture (Brandywine Operating Partnership Lp /Pa), Second Supplemental Indenture (Brandywine Realty Trust)

Modification and Amendment; Waiver. The Indenture permits, with certain exceptions as therein provided, the amendment thereof and the modification of the rights and obligations of the Company and the rights of the Holders of the Securities Notes under the Indenture at any time by the Company and the Trustee with the consent of the Holders of not less than a majority in the aggregate principal amount of all Outstanding Securities the Notes affected thereby (voting together as a single class). The Indenture also provides that certain amendments or modifications may not be made without the consent of each Holder to be affected therebythereby while other amendments or modifications may be made without the consent of the holders. Furthermore, provisions in the Indenture permit the Holders of not less than a majority in the aggregate principal amount of the Outstanding Securities of any seriesNotes, in certain instances, to waive, on behalf of all of the Holders of Securities of such series, certain past defaults under the Indenture and their consequences. Any such waiver by the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and other Notes issued upon the registration of transfer hereof or in exchange hereof, or in lieu hereof, whether or not notation of such consent or waiver is made upon this Note.

Appears in 1 contract

Samples: First Supplemental Indenture (Acadia Realty Trust)

Modification and Amendment; Waiver. The Indenture permits, with certain exceptions as therein provided, the amendment thereof and the modification of the rights and obligations of the Company Issuer, the Guarantor and the rights of the Holders of the Securities under the Indenture at any time by the Company Issuer, the Guarantor and the Trustee with the consent of the Holders of a majority in the aggregate principal amount of all Outstanding Securities affected thereby (voting together as a single class). The Indenture also provides that certain amendments or modifications may not be made without the consent of each Holder to be affected thereby. Furthermore, provisions in the Indenture permit the Holders of a majority in the aggregate principal amount of the Outstanding Securities of any series, in certain instances, to waive, on behalf of all of the Holders of Securities of such series, certain past defaults under the Indenture and their consequences. Any such waiver by the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and other Notes issued upon the registration of transfer hereof or in exchange hereof, or in lieu hereof, whether or not notation of such consent or waiver is made upon this Note.

Appears in 1 contract

Samples: Second Supplemental Indenture (Eop Operating LTD Partnership)

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Modification and Amendment; Waiver. The Indenture permits, with certain exceptions as therein provided, the amendment thereof and the modification of the rights and obligations of the Company Issuer and the Guarantor and the rights of the Holders of the Securities under the Indenture at any time by the Company Issuer, the Guarantor and the Trustee with the consent of the Holders of a majority in the aggregate principal amount of all Outstanding Securities affected thereby (voting together as a single class). The Indenture also provides that certain amendments or modifications may not be made without the consent of each Holder to be affected thereby. Furthermore, provisions in the Indenture permit the Holders of a majority in the aggregate principal amount of the Outstanding Securities of any series, in certain instances, to waive, on behalf of all of the Holders of Securities of such series, certain past defaults under the Indenture and their consequences. Any such waiver by the Holder of this Note Security shall be conclusive and binding upon such Holder and upon all future Holders of this Note Security and other Notes Securities issued upon the registration of transfer hereof or in exchange hereof, or in lieu hereof, whether or not notation of such consent or waiver is made upon this NoteSecurity.

Appears in 1 contract

Samples: Indenture (Northstar Realty)

Modification and Amendment; Waiver. The Indenture permits, with certain exceptions as therein provided, the amendment thereof and the modification of the rights and obligations of the Company Issuer and the rights of the Holders of the Securities Notes under the Indenture at any time by the Company Issuer and the Trustee with the consent of the Holders of not less than a majority in the aggregate principal amount of all Outstanding Securities the Notes affected thereby (voting together as a single class). The Indenture also provides that certain amendments or modifications may not be made without the consent of each Holder to be affected thereby, while other amendments or modifications may be made without the consent of the Holders. Furthermore, provisions in the Indenture permit the Holders of not less than a majority in the aggregate principal amount of the Outstanding Securities of any seriesNotes, in certain instances, to waive, on behalf of all of the Holders of Securities of such series, certain past defaults under the Indenture and their consequences. Any such waiver by the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and other Notes issued upon the registration of transfer hereof or in exchange hereof, or in lieu hereof, whether or not notation of such consent or waiver is made upon this Note.

Appears in 1 contract

Samples: Sixth Supplemental Indenture (Lexington Realty Trust)

Modification and Amendment; Waiver. The Indenture permits, with certain exceptions as therein provided, the amendment thereof and the modification of the rights and obligations of the Company Issuer and the Guarantors and the rights of the Holders of the Securities under the Indenture at any time by the Company Issuer, the Guarantors and the Trustee with the consent of the Holders of a majority in the aggregate principal amount of all Outstanding Securities affected thereby (voting together as a single class). The Indenture also provides that certain amendments or modifications may not be made without the consent of each Holder to be affected thereby. Furthermore, provisions in the Indenture permit the Holders of a majority in the aggregate principal amount of the Outstanding Securities of any series, in certain instances, to waive, on behalf of all of the Holders of Securities of such series, certain past defaults under the Indenture and their consequences. Any such waiver by the Holder of this Note Security shall be conclusive and binding upon such Holder and upon all future Holders of this Note Security and other Notes Securities issued upon the registration of transfer hereof or in exchange hereof, or in lieu hereof, whether or not notation of such consent or waiver is made upon this NoteSecurity.

Appears in 1 contract

Samples: Indenture (Northstar Realty)

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