Common use of Modification of Notes Clause in Contracts

Modification of Notes. Any provision of this Note may be amended or, subject to Section 4, waived with the written consent of the Issuer and the Holders of at least a majority in aggregate principal amount of the Notes then outstanding; PROVIDED that no such amendment or waiver shall (a) extend the final maturity of any Note, or reduce the principal amount thereof, or reduce the rate or extend the time of payment of interest thereon, or reduce any amount payable on the conversion thereof, amend or waive Section 4.1, or impair or affect the rights of any Holder to institute suit for the payment thereof or adversely affect the ranking of the Notes with respect to the outstanding Debt of the Issuer, in each such case, without the consent of each Holder of each Note so affected, (b) reduce the aforesaid percentage of Holders of the Notes, the consent of the Holders of the Notes of which is required for any such amendment or waiver, without the consent of the Holders of all Notes then outstanding, or (c) modify the terms of the Notes so as to affect adversely the rights of any holder of Senior Debt at the time outstanding to the benefits of subordination hereunder without the consent of such holder; and for such purposes the following modifications to the terms of this Note or, as applicable, the Securities Purchase Agreement, shall be deemed to adversely affect the rights of the holders of the Senior Debt: (i) shortening the maturity date of the principal amount of this Note; (ii) increasing the interest rate under this Note; (iii) increasing the principal amount of the Notes issued under the Securities Purchase Agreement; (iv) modifying the required prepayments under this Note; and (v) amending the events constituting Defaults under this Note in a manner adverse to the Company or the holders of the Senior Debt. The Issuer shall promptly notify all of the Holders of the Notes after the making of any amendment or waiver pursuant to this Section 6.1.

Modification of Notes. Any provision of this Note may be amended or, subject to Section 45, waived with the written consent of the Issuer and the Holders of at least a majority in aggregate principal amount of the Notes then outstanding; PROVIDED that no such amendment or waiver shall (a) extend the final maturity of any Note, or reduce the principal amount thereof, or reduce the rate or extend the time of payment of interest thereon, or reduce any amount payable on the conversion thereof, amend or waive Section 4.15.1, or impair or affect the rights of any Holder to institute suit for the payment thereof or adversely affect the ranking of the Notes with respect to the outstanding Debt of the Issuer, in each such case, without the consent of each Holder of each Note so affected, (b) reduce the aforesaid percentage of Holders of the Notes, the consent of the Holders of the Notes of which is required for any such amendment or waiver, without the consent of the Holders of all Notes then outstanding, or (c) modify the terms of the Notes so as to affect adversely the rights of any holder of Senior Debt at the time outstanding to the benefits of subordination hereunder without the consent of such holder; and for such purposes the following modifications to the terms of this Note or, as applicable, the Securities Purchase Agreement, shall be deemed to adversely affect the rights of the holders of the Senior Debt: (i) shortening the maturity date of the principal amount of this Note; (ii) increasing the interest rate under this Note; (iii) increasing the principal amount of the Notes issued under the Securities Purchase Agreement; (iv) modifying the required prepayments under this Note; and (v) amending the events constituting Defaults under this Note in a manner adverse to the Company or the holders of the Senior Debt. The Issuer shall promptly notify all of the Holders of the Notes after the making of any amendment or waiver pursuant to this Section 6.17.1.

Modification of Notes. Any provision of this Note may be amended or, subject to Section 4, waived with the written consent of the Issuer and the Holders of at least a majority in aggregate principal amount of the Notes then outstanding; PROVIDED provided that no such amendment or waiver shall (a) extend the final maturity of any Note, or reduce the principal amount thereof, or reduce the rate or extend the time of payment of interest thereon, or reduce any amount payable on the conversion thereof, amend or waive Section 4.1, or impair or affect the rights of any Holder to institute suit for the payment thereof or adversely affect the ranking of the Notes with respect to the outstanding Debt of the Issuer, in each such case, without the consent of each Holder of each Note so affected, (b) reduce the aforesaid percentage of Holders of the Notes, the consent of the Holders of the Notes of which is required for any such amendment or waiver, without the consent of the Holders of all Notes then outstanding, or (c) modify the terms of the Notes so as to affect adversely the rights of any holder of Senior Debt at the time outstanding to the benefits of subordination hereunder without the consent of such holder; and for such purposes the following modifications to the terms of this Note or, as applicable, the Securities Purchase Agreement, shall be deemed to adversely affect the rights of the holders of the Senior Debt: (i) shortening the maturity date of the principal amount of this Note; (ii) increasing the interest rate under this Note; (iii) increasing the principal amount of the Notes issued under the Securities Purchase Agreement; (iv) modifying the required prepayments under this Note; and (v) amending the events constituting Defaults under this Note in a manner adverse to the Company or the holders of the Senior Debt. The Issuer shall promptly notify all of the Holders of the Notes after the making of any amendment or waiver pursuant to this Section 6.1.

Modification of Notes. Any provision of this Note may be amended or, subject to Section 45, waived with the written consent of the Issuer and the Holders of at least a majority in aggregate principal amount of the Notes then outstanding; PROVIDED provided that no such amendment or waiver shall (a) extend the final maturity of any Note, or reduce the principal amount thereof, or reduce the rate or extend the time of payment of interest thereon, or reduce any amount payable on the conversion thereof, amend or waive Section 4.15.1, or impair or affect the rights of any Holder to institute suit for the payment thereof or adversely affect the ranking of the Notes with respect to the outstanding Debt of the Issuer, in each such case, without the consent of each Holder of each Note so affected, (b) reduce the aforesaid percentage of Holders of the Notes, the consent of the Holders of the Notes of which is required for any such amendment or waiver, without the consent of the Holders of all Notes then outstanding, or (c) modify the terms of the Notes so as to affect adversely the rights of any holder of Senior Debt at the time outstanding to the benefits of subordination hereunder without the consent of such holder; and for such purposes the following modifications to the terms of this Note or, as applicable, the Securities Purchase Agreement, shall be deemed to adversely affect the rights of the holders of the Senior Debt: (i) shortening the maturity date of the principal amount of this Note; (ii) increasing the interest rate under this Note; (iii) increasing the principal amount of the Notes issued under the Securities Purchase Agreement; (iv) modifying the required prepayments under this Note; and (v) amending the events constituting Defaults under this Note in a manner adverse to the Company or the holders of the Senior Debt. The Issuer shall promptly notify all of the Holders of the Notes after the making of any amendment or waiver pursuant to this Section 6.17.1.