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 Issuer, the Parent Guarantor and the rights of the Holders of the Notes under the Indenture at any time by the Issuer, the Parent Guarantor and the Trustee with the consent of the Holders of not less than a majority in principal amount of 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 principal amount of Notes, 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 (Sunstone Hotel Investors, Inc.), Second Supplemental Indenture (Lexington Master Limited 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 Issuer, the Parent Guarantor Company and the rights of the Holders of the Notes Securities under the Indenture at any time by the Issuer, the Parent Guarantor Company and the Trustee with the consent of the Holders of not less than a majority in the aggregate principal amount of the Notes 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, 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 Notesthe 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: Twelfth Supplemental Indenture (Developers Diversified Realty Corp), Supplemental Indenture (Developers Diversified Realty Corp), Indenture (Bre Properties Inc /Md/)

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 Issuer, Issuer and the Parent Guarantor Guarantors and the rights of the Holders of the Notes Securities under the Indenture at any time by the Issuer, the Parent Guarantor Guarantors and the Trustee with the consent of the Holders of not less than a majority in the aggregate principal amount of the Notes all Securities then Outstanding 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 Notesthe Securities then Outstanding 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 Issuer, the Parent Guarantor Company and the rights of the Holders of the Notes Securities under the Indenture at any time by the Issuer, the Parent Guarantor Company and the Trustee with the consent of the Holders of not less than a majority in the aggregate principal amount of the Notes 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, 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 Notesthe Outstanding Securities, in certain instances, to waive, on behalf of all of the Holders of Securities of such seriesSecurities, 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: Registration Rights Agreement (Ion Media Networks Inc.), Registration Rights Agreement (Cig Media LLC), Registration Rights Agreement (Cig Media LLC)

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 Issuer, the Parent Guarantor and the rights of the Holders of the Notes Securities under the Indenture at any time by the Issuer, the Parent Guarantor and the Trustee with the consent of the Holders of not less than a majority in principal amount of 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 principal amount of Notes, 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: Supplemental Indenture (Brandywine Realty Trust), Supplemental Indenture (Brandywine Operating Partnership Lp /Pa)

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 Issuer, Issuer and the Parent Guarantor Guarantors and the rights of the Holders of the Notes Securities under the Indenture at any time by the Issuer, the Parent Guarantor Guarantors and the Trustee with the consent of the Holders of not less than a majority in the aggregate principal amount of the Notes 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, 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 Notesthe 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: Registration Rights Agreement (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 Issuer, the Parent Guarantor Company and the rights of the Holders of the Notes under the Indenture at any time by the Issuer, the Parent Guarantor Company and the Trustee with the consent of the Holders of not less than a majority in principal amount of 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, thereby while other amendments or modifications may be made without the consent of the Holdersholders. Furthermore, provisions in the Indenture permit the Holders of not less than a majority in principal amount of Notes, 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)

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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 Issuer, the Parent Guarantor Issuer and the rights of the Holders of the Notes under the Indenture at any time by the Issuer, the Parent Guarantor Issuer and the Trustee with the consent of the Holders of not less than a majority in principal amount of 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 principal amount of Notes, 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: 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 Issuer, Issuer and the Parent Guarantor and the rights of the Holders of the Notes Securities under the Indenture at any time by the 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 the Notes 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, 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 Notesthe 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 Issuer, the Parent Guarantor Company and the rights of the Holders of the Notes Securities under the Indenture at any time by the Issuer, the Parent Guarantor Company and the Trustee with the consent of the Holders of not less than a majority in the aggregate principal amount of the Notes 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, 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 Notesthe 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: First Potomac 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 Issuer, the Parent Guarantor and the rights of the Holders of the Notes Securities under the Indenture at any time by the 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 the Notes 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, 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 Notesthe 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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