Common use of Modification of the Indenture Clause in Contracts

Modification of the Indenture. (a) Section 9.01(d) of the Base Indenture is hereby deleted in its entirety and replaced with the following, solely for purposes of the Securities to be issued hereunder: (i) “(d) to add to the covenants of the Company, the Guarantor or any Subsidiary Guarantor for the benefit of the holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred upon the Company, the Guarantor or any Subsidiary Guarantor;” (b) Section 9.01 of the Base Indenture is hereby amended to add a new clause (h) as follows: (i) “(h) to release the Guarantor or to add or release a Subsidiary Guarantor as required or permitted by this Indenture;” (c) The proviso in the first paragraph of Section 9.02 of the Base Indenture is hereby amended as follows, solely for purposes of the Securities to be issued hereunder: (i) “provided, however, that no such supplemental indenture shall, without the consent of the holders of each Security then Outstanding and affected thereby, (i) extend the fixed maturity of any Securities of any series, or reduce the principal amount thereof, or reduce the rate or extend the time for payment of interest thereon, or reduce any premium payable upon the redemption thereof, (ii) release the Guarantor or any Subsidiary Guarantor from any of their respective obligations under their respective guarantees or this Indenture other than in accordance with the terms of this Indenture or (iii) reduce the aforesaid percentage of Securities, the holders of which are required to consent to any such supplemental indenture.”

Modification of the Indenture. (a) Section 9.01(d) of the Base Indenture is hereby deleted in its entirety and replaced with the following, solely for purposes of the Securities to be issued hereunder: (i) “(d) to add to the covenants of the Company, the Guarantor or any Subsidiary Guarantor for the benefit of the holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred upon the Company, the Guarantor or any Subsidiary Guarantor;” (b) Section 9.01 of the Base Indenture is hereby amended to add a new clause (h) as follows: (i) “(h) to release the Guarantor or to add or release a Subsidiary Guarantor as required or permitted by this Indenture;” (c) The proviso in the first paragraph of Section 9.02 of the Base Indenture is hereby amended as follows, solely for purposes of the Securities to be issued hereunder: (i) “provided, however, that no such supplemental indenture shall, without the consent of the holders of each Security then Outstanding and affected thereby, (i) extend the fixed maturity of any Securities of any series, or reduce the principal amount thereof, or reduce the rate or extend the time for payment of interest thereon, or reduce any premium payable upon the redemption thereof, (ii) release the Guarantor or any Subsidiary Guarantor from any of their respective obligations under their respective guarantees or this Indenture other than in accordance with the terms of this Indenture or (iii) reduce the aforesaid percentage of Securities, the holders of which are required to consent to any such supplemental indenture.”

Modification of the Indenture. (a) Section 9.01(d) With some exceptions, under the Indenture, the rights and obligations of the Base Indenture is hereby deleted in its entirety Issuer and replaced the rights of the Noteholders may be modified by the Issuer with the following, solely for purposes of the Securities to be issued hereunder: (i) “(d) to add to the covenants of the Company, the Guarantor or any Subsidiary Guarantor for the benefit consent of the holders of all not less than 66-2/3% in aggregate principal amount of the Notes then outstanding under the Indenture; but no modification may be made if it would result in the reduction or withdrawal of the then current ratings of the outstanding Notes and no modification may be made without the consent of the holder of each outstanding note affected thereby if it would (a) change the fixed maturity of any series Note, or the principal amount or interest amount payable thereof, or change the priority of Securities (and if such covenants are payment thereof or reduce the interest rate or the principal thereon or change the place of payment where, or the coin or currency in which, any Note or the interest thereon is payable, or impair the right to be institute the suit for the benefit enforcement of less than all series of Securities, stating that such covenants are expressly being included solely for payment on or after the benefit of such series) maturity thereof; or to surrender any right or power herein conferred upon the Company, the Guarantor or any Subsidiary Guarantor;” (b) Section 9.01 reduce the above-stated percentage of the Base Indenture is hereby amended to add a new clause (h) as follows: (i) “(h) to release the Guarantor or to add or release a Subsidiary Guarantor as required or permitted by this Indenture;” (c) The proviso in the first paragraph of Section 9.02 of the Base Indenture is hereby amended as follows, solely for purposes of the Securities to be issued hereunder: (i) “provided, however, that no such supplemental indenture shallNotes, without the consent of the holders of each Security all Notes then Outstanding and affected thereby, (i) extend the fixed maturity of any Securities of any series, or reduce the principal amount thereof, or reduce the rate or extend the time for payment of interest thereon, or reduce any premium payable upon the redemption thereof, (ii) release the Guarantor or any Subsidiary Guarantor from any of their respective obligations outstanding under their respective guarantees or this Indenture other than in accordance with the terms of this that Indenture or (iiic) reduce modify any of Section 9.02 of the aforesaid Indenture except to increase any percentage or fraction set out in the Indenture or to provide that other provisions of Securities, the holders Indenture cannot be modified or waived without the consent of which are required the holder of each outstanding note affected thereby; or (d) modify or alter the provisions of the proviso to consent the definition of the term "Outstanding" in the Indenture; or (e) permit the creation of any lien ranking prior to or on a parity with the lien of the Indenture with respect to any such supplemental indenturepart of the Pledged Assets or, except as provided in the Indenture, terminate the lien of the Indenture on any property at any time subject to the Indenture or deprive any Noteholder of the Security afforded by the lien of the Indenture. (Section 9.02).”