Modifications, Amendments and Supplemental Indentures with Consent of Holders. With the consent of the Holders of a majority in principal amount of the Outstanding Securities, by Act of said Holders delivered to the Company and the Trustee, the Company and the Guarantors, when authorized by Board Resolutions, and the Trustee may together modify, amend or supplement this Indenture, the Securities or the Guarantees, for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture or of modifying in any manner the rights of the Holders under this Indenture; provided, however, that no such modification, amendment or supplemental indenture may, without the consent of the Holder of each Outstanding Security affected thereby: (i) reduce the principal amount of, extend the Stated Maturity of or alter the redemption provisions of, the Securities; (ii) change the currency in which any Securities or any premium or the interest thereon is payable; (iii) reduce the percentage in principal amount of Outstanding Securities that must consent to an amendment, supplement or waiver or consent to take any action under this Indenture, the Securities or any Guarantee; (iv) impair the right to institute suit for the enforcement of any payment on or with respect to the Securities or any Guarantee; (v) waive a default in payment with respect to the Securities or any Guarantee; (vi) reduce or change the rate or time for payment of interest on the Securities; or (vii) modify or change any provision of this Indenture affecting the ranking of the Securities or any Guarantee in a manner adverse to the Holders of the Securities. It shall not be necessary for any Act of Holders under this Section 9.02 to approve the particular form of any proposed modification, amendment or supplemental indenture, but it shall be sufficient if such Act shall approve the substance thereof. The Trustee shall join with the Company and each Guarantor in the execution of such amended or supplemental indenture unless such amended or supplemental indenture affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise, in which case the Trustee may in its discretion but shall not be obligated to enter into such amendment or supplemental indenture.
Appears in 8 contracts
Samples: Indenture (United Rentals North America Inc), Indenture (United Rentals North America Inc), Indenture (United Rentals North America Inc)
Modifications, Amendments and Supplemental Indentures with Consent of Holders. With the consent of the Holders of not less than a majority in principal amount of the Outstanding Securities, by Act of said Holders delivered to the Company and the Trustee, the Company and the Guarantors, when authorized by Board Resolutions, and the Trustee may together modify, amend or supplement this Indenture, Indenture or the Securities or the Guarantees, for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture or of modifying in any manner the rights of the Holders under this Indenture; provided, however, that no such modification, amendment or supplemental indenture mayshall, without the consent of the Holder of each Outstanding Security affected thereby:,
(i) reduce the principal amount of, extend the Stated Maturity of or alter the redemption provisions of, the Securities;,
(ii) change the currency in which any Securities or any premium or the interest thereon is payable;,
(iii) reduce the percentage in principal amount of Outstanding Securities that must consent to an amendment, supplement or waiver or consent to take any action under this Indenture, Indenture or the Securities or any Guarantee;,
(iv) impair the right to institute suit for the enforcement of any payment on or with respect to the Securities or any Guarantee;,
(v) waive a default in payment with respect to the Securities or any Guarantee;,
(vi) reduce or change the rate or time for payment of interest on the Securities; , or
(vii) modify or change any provision of this Indenture affecting the ranking of the Securities or any Guarantee in a manner adverse to the Holders of the Securities. It shall not be necessary for any Act of Holders under this Section 9.02 to approve the particular form of any proposed modification, amendment or supplemental indenture, but it shall be sufficient if such Act shall approve the substance thereof. The Trustee shall join with the Company and each Guarantor in the execution of such amended or supplemental indenture unless such amended or supplemental indenture affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise, in which case the Trustee may in its discretion discretion, but shall not be obligated to to, enter into such amendment or supplemental indenture.
Appears in 6 contracts
Samples: Senior Subordinated Indenture (United Rentals Realty, LLC), Senior Indenture (United Rentals Realty, LLC), Senior Indenture (Greenbrier Rail Holdings I, LLC)
Modifications, Amendments and Supplemental Indentures with Consent of Holders. With the consent of the Holders of a majority in principal amount of the Outstanding Securities, by Act of said Holders delivered to the Company and the Trustee, the Company and the Guarantors, when authorized by Board Resolutions, and the Trustee may together modify, amend or supplement this Indenture, the Securities or the Guarantees, for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture or of modifying in any manner the rights of the Holders under this Indenture; provided, however, that no such modification, amendment or supplemental indenture may, without the consent of the Holder of each Outstanding Security affected thereby:
(i) reduce the principal amount of, extend the Stated Maturity of or alter the redemption provisions of, the Securities;
(ii) change the currency in which any Securities or any premium or the interest thereon is payable;
(iii) reduce the percentage in principal amount of Outstanding Securities that must consent to an amendment, supplement or waiver or consent to take any action under this Indenture, the Securities or any Guarantee;
(iv) impair the right to institute suit for the enforcement of any payment on or with respect to the Securities or any Guarantee;
(v) waive a default in payment with respect to the Securities or any Guarantee;; or
(vi) reduce or change the rate or time for payment of interest on the Securities; or
(vii) modify or change any provision of this Indenture affecting the ranking of the Securities or any Guarantee in a manner adverse to the Holders of the Securities. It shall not be necessary for any Act of Holders under this Section 9.02 to approve the particular form of any proposed modification, amendment or supplemental indenture, but it shall be sufficient if such Act shall approve the substance thereof. The Trustee shall join with the Company and each Guarantor in the execution of such amended or supplemental indenture unless such amended or supplemental indenture affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise, in which case the Trustee may in its discretion but shall not be obligated to enter into such amendment or supplemental indenture.
Appears in 4 contracts
Samples: Indenture (United Rentals North America Inc), Indenture (United Rentals North America Inc), Indenture (United Rentals North America Inc)
Modifications, Amendments and Supplemental Indentures with Consent of Holders. With the consent of the Holders of not less than a majority in principal amount of the Outstanding Securities, by Act of said Holders delivered to the Company and the Trustee, the Company and the Guarantors, when authorized by Board Resolutions, and the Trustee may together modify, amend or supplement this Indenture, Indenture or the Securities or the Guarantees, for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture or of modifying in any manner the rights of the Holders under this Indenture; provided, however, that no such modification, amendment or supplemental indenture mayshall, without the consent of the Holder of each Outstanding Security affected thereby:,
(i) reduce the principal amount of, extend the Stated Maturity of or alter the redemption provisions of, the Securities;,
(ii) change the currency in which any Securities or any premium or the interest thereon is payable;,
(iii) reduce the percentage in principal amount of Outstanding Securities that must consent to an amendment, supplement or waiver or consent to take any action under this Indenture, Indenture or the Securities or any Guarantee;,
(iv) impair the right to institute suit for the enforcement of any payment on or with respect to the Securities or any Guarantee;,
(v) waive a default in payment with respect to the Securities or any Guarantee;,
(vi) amend, change or modify in any material respect the obligation of the Company to make and consummate a Change of Control Offer in respect of a Change of Control that has occurred or make and consummate an Asset Sale Offer with respect to any Asset Sale that has been consummated,
(vii) reduce or change the rate or time for payment of interest on the Securities; , or
(viiviii) modify or change any provision of this Indenture affecting the ranking of the Securities or any Guarantee in a manner adverse to the Holders of the Securities. It shall not be necessary for any Act of Holders under this Section 9.02 to approve the particular form of any proposed modification, amendment or supplemental indenture, but it shall be sufficient if such Act shall approve the substance thereof. The Trustee shall join with the Company and each Guarantor in the execution of such amended or supplemental indenture unless such amended or supplemental indenture affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise, in which case the Trustee may in its discretion but shall not be obligated to enter into such amendment or supplemental indenture.
Appears in 3 contracts
Samples: Indenture (United Rentals Inc /De), Indenture (United Rentals Inc /De), Indenture (United Rentals Inc /De)
Modifications, Amendments and Supplemental Indentures with Consent of Holders. With the consent of the Holders of not less than a majority in principal amount of the Outstanding Securities, by Act of said Holders delivered to the Company and the Trustee, the Company and the Guarantors, when authorized by Board Resolutions, and the Trustee may together modify, amend or supplement this Indenture, the Securities or the Guarantees, Indenture for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture or of modifying in any manner the rights of the Holders under this Indenture; provided, however, that no such modification, amendment or supplemental indenture mayshall, without the consent of the Holder of each Outstanding Security affected thereby:,
(i) change the Stated Maturity of the principal of, or any installment of interest on, any Security, or reduce the principal amount ofof (or the premium, extend the Stated Maturity of if any, on), or interest on, any Securities or alter the redemption provisions of, of the Securities;,
(ii) change the currency in which any Securities or any premium or the interest thereon is payable;,
(iii) reduce the above-stated percentage in principal amount of Outstanding outstanding Securities that must consent to an amendment, supplement amendment or waiver modification of this Indenture or consent to take any action under this Indenture, the Securities or any Guarantee;Securities,
(iv) reduce the specified percentage in aggregate principal amount of outstanding Securities necessary to waive compliance with provisions of the Indenture or to waive defaults under the Indenture,
(v) impair the right to institute suit for the enforcement of any payment on or with respect to the Securities or any Guarantee;
(v) waive a default in payment with respect to the Securities or any Guarantee;Guaranty,
(vi) reduce amend, change or change modify the rate obligation of the Company to make and consummate a Change of Control Offer after the occurrence of a Change of Control or time for payment make and consummate an Asset Sale Offer with respect to any Asset Sale that has been consummated or modify any of interest on the Securities; orprovisions or definitions with respect thereto,
(vii) modify or change any provision of this Indenture affecting relating to the ranking of the Securities or any Guarantee Guarantees in a manner adverse to the Holders of the Securities, or
(viii) modify or change any provision of this Indenture affecting the Subordination or ranking of the Securities or any Guaranty in a manner which adversely affects the holders of Securities. It shall not be necessary for any Act of Holders under this Section 9.02 to approve the particular form of any proposed modification, amendment or supplemental indenture, but it shall be sufficient if such Act shall approve the substance thereof. The Trustee shall join with the Company and each Guarantor in the execution of such amended or supplemental indenture unless such amended or supplemental indenture affects the Trustee’s 's own rights, duties or immunities under this Indenture or otherwise, in which case the Trustee may in its discretion but shall not be obligated to enter into such amendment or supplemental indenture.
Appears in 2 contracts
Samples: Indenture (NBH Holdings Co Inc), Indenture (Integrated Electrical Services Inc)
Modifications, Amendments and Supplemental Indentures with Consent of Holders. With the consent of the Holders of not less than a majority in principal amount of the Outstanding Securities, by Act of said Holders delivered to the Company and the Trustee, the Company and the GuarantorsCompany, when authorized by Board Resolutions, and the Trustee may together modify, amend or supplement this Indenture, Indenture or the Securities or the Guarantees, for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture or of modifying in any manner the rights of the Holders under this Indenture; provided, however, that no such modification, amendment or supplemental indenture mayshall, without the consent of the Holder of each Outstanding Security affected thereby:,
(i) reduce the principal amount of, extend the Stated Maturity of or alter the redemption provisions of, the Securities;,
(ii) change the currency in which any Securities or any premium or the interest thereon is payable;,
(iii) reduce the percentage in principal amount of Outstanding Securities that must consent to an amendment, supplement or waiver or consent to take any action under this Indenture, Indenture or the Securities or any Guarantee;Securities,
(iv) impair the right to institute suit for the enforcement of any payment on or with respect to the Securities or any Guarantee;Securities,
(v) waive a default in payment with respect to the Securities or any Guarantee;Securities,
(vi) reduce or change the rate or time for payment of interest on the Securities; , or
(vii) modify or change any provision of this Indenture affecting the ranking of the Securities or any Guarantee in a manner adverse to the Holders of the Securities. It shall not be necessary for any Act of Holders under this Section 9.02 to approve the particular form of any proposed modification, amendment or supplemental indenture, but it shall be sufficient if such Act shall approve the substance thereof. The Trustee shall join with the Company and each Guarantor in the execution of such amended or supplemental indenture unless such amended or supplemental indenture affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise, in which case the Trustee may in its discretion discretion, but shall not be obligated to to, enter into such amendment or supplemental indenture.
Appears in 2 contracts
Samples: Senior Indenture (United Rentals Realty, LLC), Senior Indenture (Wynne Systems Inc)
Modifications, Amendments and Supplemental Indentures with Consent of Holders. With the consent of the Holders of not less than a majority in principal amount of the Outstanding Securities, by Act of said Holders delivered to the Company and the Trustee, the Company and the Guarantors, when authorized by Board Resolutions, and the Trustee may together modify, amend or supplement this Indenture, the Securities or the Guarantees, Indenture for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture or of modifying in any manner the rights of the Holders under this Indenture; provided, however, that no such modification, amendment or supplemental indenture mayshall, without the consent of the Holder of each Outstanding Security affected thereby:,
(i) reduce the principal amount of, extend change the Stated Maturity fixed maturity of or alter the redemption provisions of, the Securities;,
(ii) change the currency in which any Securities or any premium or the interest thereon is payable;,
(iii) reduce the percentage in principal amount of Outstanding Securities that must consent to an amendment, supplement or waiver or consent to take any action under this Indenture, the Indenture or the Securities or any Guarantee;Guaranty,
(iv) impair the right to institute suit for the enforcement of any payment on or with respect to the Securities or any Guarantee;Guaranty,
(v) waive a default in payment with respect to the Securities or any Guarantee;Guaranty, 77
(vi) amend, change or modify the obligation of the Company to make and consummate a Change of Control Offer after the occurrence of a Change of Control or make and consummate an Asset Sale Offer with respect to any Asset Sale that has been consummated or modify any of the provisions or definitions with respect thereto,
(vii) reduce or change the rate or time for payment of interest on the Securities; , or
(viiviii) modify or change any provision of this Indenture affecting the subordination or ranking of the Securities Security or any Guarantee in a manner adverse to which adversely affects the Holders holders of the Securities. It shall not be necessary for any Act of Holders under this Section 9.02 to approve the particular form of any proposed modification, amendment or supplemental indenture, but it shall be sufficient if such Act shall approve the substance thereof. The Trustee shall join with the Company and each Guarantor in the execution of such amended or supplemental indenture unless such amended or supplemental indenture affects the Trustee’s 's own rights, duties or immunities under this Indenture or otherwise, in which case the Trustee may in its discretion but shall not be obligated to enter into such amendment or supplemental indenture. In addition, no modification, amendment or supplement to the provisions of Article XIV which is adverse to the interests of the lenders under the Credit Facility shall be made without the consent of the representative of such lenders.
Appears in 2 contracts
Samples: Indenture (Group Maintenance America Corp), Indenture (Group Maintenance America Corp)
Modifications, Amendments and Supplemental Indentures with Consent of Holders. With the consent of the Holders of not less than a majority in principal amount of the Outstanding Securities, by Act of said Holders delivered to the Company and the Trustee, the Company and the Guarantors, when authorized by Board Resolutions, and the Trustee may together modify, amend or supplement this Indenture, Indenture or the Securities or the Guarantees, for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture or of modifying in any manner the rights of the Holders under this Indenture; provided, however, that no such modification, amendment or supplemental indenture mayshall, without the consent of the Holder of each Outstanding Security affected thereby:,
(i) reduce the principal amount of, extend the Stated Maturity of or alter the redemption provisions of, the Securities;,
(ii) change the currency in which any Securities or any premium or the interest thereon is payable;,
(iii) reduce the percentage in principal amount of Outstanding Securities that must consent to an amendment, supplement or waiver or consent to take any action under this Indenture, Indenture or the Securities or any Guarantee;,
(iv) impair the right to institute suit for the enforcement of any payment on or with respect to the Securities or any Guarantee;,
(v) waive a default in payment with respect to the Securities or any Guarantee;,
(vi) amend, change or modify in any material respect the obligation of the Company to make and consumate a Change of Control Offer in respect of a Change of Control that has occurred or make and consummate an Asset Sale Offer with respect to any Asset Sale that has been consumated,
(vii) reduce or change the rate or time for payment of interest on the Securities; , or
(viiviii) modify or change any provision of this Indenture affecting the ranking of the Securities or any Guarantee in a manner adverse to the Holders of the Securities. It shall not be necessary for any Act of Holders under this Section 9.02 to approve the particular form of any proposed modification, amendment or supplemental indenture, but it shall be sufficient if such Act shall approve the substance thereof. The Trustee shall join with the Company and each Guarantor in the execution of such amended or supplemental indenture unless such amended or supplemental indenture affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise, in which case the Trustee may in its discretion but shall not be obligated to enter into such amendment or supplemental indenture.
Appears in 2 contracts
Samples: Indenture (United Rentals Inc /De), Indenture (United Rentals Inc /De)
Modifications, Amendments and Supplemental Indentures with Consent of Holders. With the consent of the Holders of a majority in principal amount of the Outstanding Securities, by Act of said Holders delivered to the Company and the Trustee, the Company and the Guarantors, when authorized by Board Resolutions, and the Trustee may together modify, amend or supplement this Indenture, the Securities or the Guarantees, for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture or of modifying in any manner the rights of the Holders under this Indenture; provided, however, that no such modification, amendment or supplemental indenture mayshall, without the consent of the Holder of each Outstanding Security affected thereby:
(i) reduce the principal amount of, extend the Stated Maturity of or alter the redemption provisions of, the Securities;
(ii) change the currency in which any Securities or any premium or the interest thereon is payable;
(iii) reduce the percentage in principal amount of Outstanding Securities that must consent to an amendment, supplement or waiver or consent to take any action under this Indenture, Indenture or the Securities or any Guarantee;
(iv) impair the right to institute suit for the enforcement of any payment on or with respect to the Securities or any Guarantee;
(v) waive a default in payment with respect to the Securities or any Guarantee;
(vi) amend, change or modify in any material respect the obligation of the Company to make and consummate a Change of Control Offer in respect of a Change of Control that has occurred or make and consummate an Asset Sale Offer with respect to any Asset Sale that has been consummated;
(vii) reduce or change the rate or time for payment of interest on the Securities; or
(viiviii) modify or change any provision of this Indenture affecting the ranking of the Securities or any Guarantee in a manner adverse to the Holders of the Securities. It shall not be necessary for any Act of Holders under this Section 9.02 to approve the particular form of any proposed modification, amendment or supplemental indenture, but it shall be sufficient if such Act shall approve the substance thereof. The Trustee shall join with the Company and each Guarantor in the execution of such amended or supplemental indenture unless such amended or supplemental indenture affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise, in which case the Trustee may in its discretion but shall not be obligated to enter into such amendment or supplemental indenture.
Appears in 2 contracts
Samples: Indenture (United Rentals Inc /De), Indenture (United Rentals Inc /De)
Modifications, Amendments and Supplemental Indentures with Consent of Holders. With the consent of the Holders of not less than a majority in principal amount of the Outstanding Securities, by Act of said Holders delivered to the Company and the Trustee, the Company and the Guarantors, when authorized by Board Resolutions, and the Trustee may together modify, amend or supplement this Indenture, the Securities or the Guarantees, Indenture for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture or of modifying in any manner the rights of the Holders under this Indenture; provided, however, that no such modification, amendment or supplemental indenture mayshall, without the consent of the Holder of each Outstanding Security affected thereby:,
(i) change the Stated Maturity of the principal of, or any installment of interest on, any Security, or reduce the principal amount ofof (or the premium, extend the Stated Maturity of if any, on), or interest on, any Securities or alter the redemption provisions of, of the Securities;,
(ii) change the currency in which any Securities or any premium or the interest thereon is payable;,
(iii) reduce the above-stated percentage in principal amount of Outstanding outstanding Securities that must consent to an amendment, supplement amendment or waiver modification of this Indenture or consent the Securities,
(iv) reduce the specified percentage in aggregate principal amount of outstanding Securities necessary to take any action waive compliance with provisions of this Indenture or to waive defaults under this Indenture, the Securities or any Guarantee;,
(ivv) impair the right to institute suit for the enforcement of any payment on or with respect to the Securities or any Guarantee;
(v) waive a default in payment with respect to the Securities or any Guarantee;Guaranty,
(vi) reduce amend, change or change modify the rate obligation of the Company to make and consummate a Change of Control Offer after the occurrence of a Change of Control or time for payment make and consummate an Asset Sale Offer with respect to any Asset Sale that has been consummated or modify any of interest on the Securities; orprovisions or definitions with respect thereto,
(vii) modify or change any provision of this Indenture affecting relating to the ranking of the Securities or any Guarantee Guarantees in a manner adverse to the Holders of the Securities, or
(viii) modify or change any provision of this Indenture affecting the Subordination or ranking of the Securities or any Guaranty in a manner which adversely affects the holders of Securities. It shall not be necessary for any Act of Holders under this Section 9.02 to approve the particular form of any proposed modification, amendment or supplemental indenture, but it shall be sufficient if such Act shall approve the substance thereof. The Trustee shall join with the Company and each Guarantor in the execution of such amended or supplemental indenture unless such amended or supplemental indenture affects the Trustee’s 's own rights, duties or immunities under this Indenture or otherwise, in which case the Trustee may in its discretion but shall not be obligated to enter into such amendment or supplemental indenture.
Appears in 1 contract
Modifications, Amendments and Supplemental Indentures with Consent of Holders. With the consent of the Holders of a majority in principal amount of the Outstanding Securities, by Act of said Holders delivered to the Company Company, the Trustee and the TrusteeNotes Collateral Agent, the Company and the Guarantors, when authorized by Board Resolutions, and the Trustee and the Notes Collateral Agent may together modify, amend or supplement this Indenture, the Securities or Securities, the Guarantees, the Notes Collateral Documents or the Intercreditor Agreement for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture or of modifying in any manner the rights of the Holders under this Indenture; provided, that without the consent of at least two-thirds in aggregate principal amount of the Outstanding Securities, an amendment, modification or supplemental indenture may not (x) effect a release of all or substantially all of the Collateral from the Liens securing the Indenture Obligations, except in accordance with the terms of this Indenture, the Notes Collateral Documents or the Intercreditor Agreement, as applicable or (y) change or alter the priority of the Liens securing the Indenture Obligations or the ranking of any guarantee of the Securities, in each case, in any way adverse to the Holders in any material respect, other than, in each case, as provided under the terms of this Indenture, the Notes Collateral Documents or the Intercreditor Agreement, as applicable; provided, however, that no such modification, amendment or supplemental indenture may, without the consent of the Holder of each Outstanding Security affected thereby:
(i) reduce the principal amount of, extend the Stated Maturity of or alter the redemption provisions of, the Securities;
(ii) change the currency in which any Securities or any premium or the interest thereon is payable;
(iii) reduce the percentage in principal amount of Outstanding Securities that must consent to an amendment, supplement or waiver or consent to take any action under this Indenture, the Securities Securities, any Guarantee or any Guaranteethe Notes Collateral Documents;
(iv) impair the right to institute suit for the enforcement of any payment on or with respect to the Securities or any Guarantee;
(v) waive a default in payment with respect to the Securities or any Guarantee;; or
(vi) reduce or change the rate or time for payment of interest on the Securities; or
(vii) modify or change any provision of this Indenture affecting the ranking of the Securities or any Guarantee in a manner adverse to the Holders of the Securities. It shall not be necessary for any Act of Holders under this Section 9.02 to approve the particular form of any proposed modification, amendment or supplemental indenture, but it shall be sufficient if such Act shall approve the substance thereof. The Trustee shall join with the Company and each Guarantor in the execution of such amended or supplemental indenture unless such amended or supplemental indenture affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise, in which case the Trustee may in its discretion but shall not be obligated to enter into such amendment or supplemental indenture.
Appears in 1 contract
Modifications, Amendments and Supplemental Indentures with Consent of Holders. With the consent of the Holders of a majority in principal amount of the Outstanding SecuritiesNotes, by Act act of said Holders delivered to the Company Company, the Trustee and the TrusteeCollateral Agent, the Company and the Subsidiary Guarantors, when authorized by a Board ResolutionsResolution, and the Trustee and the Collateral Agent may together modify, amend or supplement this Indenture, the Securities Notes, the Guarantees or the Guarantees, Notes Security Documents for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture Indenture, the Notes, the Guarantees or the Notes Security Documents, or of modifying in any manner the rights of the Holders under this Indenture, the Notes, the Guarantees or the Notes Security Documents; provided, howeverthat without the consent of at least two-thirds in aggregate principal amount of the Outstanding Notes, that an amendment, modification or supplemental indenture may not effect a release of all or substantially all of the Collateral from the Liens securing the Notes, except in accordance with the terms of this Indenture or the Notes Security Documents, as applicable; Notwithstanding the foregoing, no such modification, amendment or supplemental indenture may, without the consent of the Holder of each Outstanding Security Note affected thereby:
(i) reduce the principal amount of, extend the Stated Maturity of or alter the redemption provisions of, the SecuritiesNotes;
(ii) change the currency in which any Securities Notes or any premium or the interest thereon is payable;
(iii) reduce the percentage in principal amount of Outstanding Securities Notes that must consent to an amendment, supplement or waiver or consent to take any action under this Indenture, the Securities Notes, any Guarantee or any Guaranteethe Notes Security Documents;
(iv) impair the right to institute suit for the enforcement of any payment on or with respect to the Securities Notes or any Guarantee;
(v) waive a default in payment with respect to the Securities Notes or any Guarantee;
(vi) reduce or change the rate or time for payment of interest on the SecuritiesNotes; or
(vii) except as expressly permitted under this Indenture, modify or change any provision of this Indenture affecting the ranking of the Securities Notes or any Guarantee in a manner adverse to the Holders of the SecuritiesNotes. It shall not be necessary for any Act of Holders under this Section 9.02 to approve the particular form of any proposed modification, amendment or supplemental indenture, but it shall be sufficient if such Act shall approve the substance thereof. The Trustee and the Collateral Agent shall join with the Company and each Subsidiary Guarantor in the execution of such amended or supplemental indenture unless such amended or supplemental indenture affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise, in which case the Trustee may in its discretion but shall not be obligated to enter into such amendment or supplemental indenture.
Appears in 1 contract
Samples: Indenture (LSC Communications, Inc.)
Modifications, Amendments and Supplemental Indentures with Consent of Holders. With the consent of the Holders of a majority in principal amount of the Outstanding Securities, by Act of said Holders delivered to the Company Company, the Trustee and the TrusteeNotes Collateral Agent, the Company and the Guarantors, when authorized by Board Resolutions, and the Trustee and the Notes Collateral Agent may together modify, amend or supplement this Indenture, the Securities Securities, the Guarantees, the Notes Collateral Documents or the GuaranteesIntercreditor Agreements, for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture or of modifying in any manner the rights of the Holders under this Indenture; provided, that without the consent of at least two-thirds in aggregate principal amount of the Outstanding Securities, an amendment, modification or supplemental indenture may not (x) effect a release of all or substantially all of the Collateral from the Liens securing the Indenture Obligations, except in accordance with the terms of this Indenture, the Notes Collateral Documents or the Intercreditor Agreements, as applicable or (y) change or alter the priority of the Liens securing the Indenture Obligations or the ranking of any guarantee of the Securities, in each case, in any way adverse to the Holders in any material respect, other than, in each case, as provided under the terms of this Indenture, the Notes Collateral Documents or the Intercreditor Agreements, as applicable; provided, however, that no such modification, amendment or supplemental indenture may, without the consent of the Holder of each Outstanding Security affected thereby:
(i) reduce the principal amount of, extend the Stated Maturity of or alter the redemption provisions of, the Securities;
(ii) change the currency in which any Securities or any premium or the interest thereon is payable;
(iii) reduce the percentage in principal amount of Outstanding Securities that must consent to an amendment, supplement or waiver or consent to take any action under this Indenture, the Securities Securities, any Guarantee or any Guaranteethe Notes Collateral Documents;
(iv) impair the right to institute suit for the enforcement of any payment on or with respect to the Securities or any Guarantee;
(v) waive a default in payment with respect to the Securities or any Guarantee;; or
(vi) reduce or change the rate or time for payment of interest on the Securities; or
(vii) modify or change any provision of this Indenture affecting the ranking of the Securities or any Guarantee in a manner adverse to the Holders of the Securities. It shall not be necessary for any Act of Holders under this Section 9.02 to approve the particular form of any proposed modification, amendment or supplemental indenture, but it shall be sufficient if such Act shall approve the substance thereof. The Trustee shall join with the Company and each Guarantor in the execution of such amended or supplemental indenture unless such amended or supplemental indenture affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise, in which case the Trustee may in its discretion but shall not be obligated to enter into such amendment or supplemental indenture.
Appears in 1 contract
Modifications, Amendments and Supplemental Indentures with Consent of Holders. With the consent of the Holders of a majority in principal amount of the Outstanding Securities, by Act of said Holders delivered to the Company Company, the Trustee and the TrusteeNotes Collateral Agent, the Company and the Guarantors, when authorized by Board Resolutions, and the Trustee and the Notes Collateral Agent may together modify, amend or supplement this Indenture, the Securities Securities, the Guarantees, the Notes Collateral Documents or the GuaranteesIntercreditor Agreement, for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture or of modifying in any manner the rights of the Holders under this Indenture; provided, howeverthat without the consent of at least two-thirds in aggregate principal amount of Securities then outstanding, that an amendment, modification or waiver may not effect a release of all or substantially all of the Collateral from the Liens securing the Indenture Obligations except in accordance with the terms of this Indenture, the Notes Collateral Documents or the Intercreditor Agreement, as applicable. Notwithstanding the foregoing, no such modification, amendment or supplemental indenture mayshall, without the consent of the Holder of each Outstanding Security affected thereby:
(i) reduce the principal amount of, extend the Stated Maturity of or alter the redemption provisions of, the Securities;,
(ii) change the currency in which any Securities or any premium or the interest thereon is payable;,
(iii) reduce the percentage in principal amount of Outstanding Securities that must consent to an amendment, supplement or waiver or consent to take any action under this Indenture, the Securities Securities, any Guarantee or any Guarantee;the Notes Collateral Documents,
(iv) impair the right to institute suit for the enforcement of any payment on or with respect to the Securities or any Guarantee;,
(v) waive a default in payment with respect to the Securities or any Guarantee;,
(vi) reduce or change the rate or time for payment of interest on the Securities; , or
(vii) modify or change any provision of this Indenture affecting the ranking of the Securities or any Guarantee in a manner adverse to the Holders of the Securities. It shall not be necessary for any Act of Holders under this Section 9.02 to approve the particular form of any proposed modification, amendment or supplemental indenture, but it shall be sufficient if such Act shall approve the substance thereof. The Trustee shall join with the Company and each Guarantor in the execution of such amended or supplemental indenture unless such amended or supplemental indenture affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise, in which case the Trustee may in its discretion discretion, but shall not be obligated to to, enter into such amendment or supplemental indenture.
Appears in 1 contract
Samples: Senior Secured Indenture (United Rentals North America Inc)
Modifications, Amendments and Supplemental Indentures with Consent of Holders. With the consent of the Holders of not less than a majority in principal amount of the Outstanding Securities, by Act of said Holders delivered to the Company and the Trustee, the Company and the Guarantors, when authorized by Board Resolutions, and the Trustee may together modify, amend or supplement this Indenture, Indenture or the Securities or the Guarantees, for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture or of modifying in any manner the rights of the Holders under this Indenture; provided, however, that no such modification, amendment or supplemental indenture mayshall, without the consent of the Holder of each Outstanding Security affected thereby:,
(i) reduce the principal amount of, extend the Stated Maturity of or alter the redemption provisions of, the Securities;,
(ii) change the currency in which any Securities or any premium or the interest thereon is payable;,
(iii) reduce the percentage in principal amount of Outstanding Securities that must consent to an amendment, supplement or waiver or consent to take any action under this Indenture, Indenture or the Securities or any Guarantee;,
(iv) impair the right to institute suit for the enforcement of any payment on or with respect to the Securities or any Guarantee;,
(v) waive a default in payment with respect to the Securities or any Guarantee;,
(vi) amend, change or modify the obligation of the Company to make and consummate a Change of Control Offer in the event of a Change of Control or make and consummate an Asset Sale Offer with respect to any Asset Sale or modify any of the provisions or definitions with respect thereto,
(vii) reduce or change the rate or time for payment of interest on the Securities; , or
(viiviii) modify or change any provision of this Indenture affecting the ranking of the Securities or any Guarantee in a manner adverse to the Holders of the Securities. It shall not be necessary for any Act of Holders under this Section 9.02 to approve the particular form of any proposed modification, amendment or supplemental indenture, but it shall be sufficient if such Act shall approve the substance thereof. The Trustee shall join with the Company and each Guarantor in the execution of such amended or supplemental indenture unless such amended or supplemental indenture affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise, in which case the Trustee may in its discretion but shall not be obligated to enter into such amendment or supplemental indenture.
Appears in 1 contract
Samples: Indenture (United Rentals Inc /De)
Modifications, Amendments and Supplemental Indentures with Consent of Holders. With the consent of the Holders of not less than a majority in principal amount of the Outstanding Securities, by Act of said Holders delivered to the Company and the Trustee, the Company and the GuarantorsCompany, when authorized by Board Resolutions, and the Trustee may together modify, amend or supplement this Indenture, Indenture or the Securities or the Guarantees, for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture or of modifying in any manner the rights of the Holders under this Indenture; provided, however, that no such modification, amendment or supplemental indenture mayshall, without the consent of the Holder of each Outstanding Security affected thereby:,
(ia) reduce the principal amount of, extend the Stated Maturity of or alter the redemption repurchase provisions of, the Securities;,
(iib) change the currency in which any Securities or any premium or the interest thereon is payable;,
(iiic) reduce the percentage in principal amount of Outstanding Securities that must consent to an amendment, supplement or waiver or consent to take any action under this Indenture, Indenture or the Securities or any Guarantee;Securities,
(ivd) impair the right to institute suit for the enforcement of any payment on or with respect to the Securities or any Guarantee;Securities,
(ve) waive a default in payment with respect to the Securities or any Guarantee;Securities,
(vif) reduce or change the rate or time for payment of interest on the Securities; ,
(g) make any change that adversely affects the conversion rights of any Security, or
(viih) reduce the Fundamental Change Purchase Price or amend or modify or change in any provision of this Indenture affecting the ranking of the Securities or any Guarantee in a manner adverse to the Holders of Securities the SecuritiesCompany’s obligation to make any such payment, whether through an amendment or waiver of provisions in the covenants or definitions related thereto or otherwise. It shall not be necessary for any Act of Holders under this Section 9.02 to approve the particular form of any proposed modification, amendment or supplemental indenture, but it shall be sufficient if such Act shall approve the substance thereof. The Trustee shall join with the Company and each Guarantor in the execution of such amended or supplemental indenture unless such amended or supplemental indenture affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise, in which case the Trustee may in its discretion discretion, but shall not be obligated to to, enter into such amendment or supplemental indenture.
Appears in 1 contract
Samples: Indenture (United Rentals Inc /De)
Modifications, Amendments and Supplemental Indentures with Consent of Holders. With the consent of the Holders of not less than a majority in principal amount of the Outstanding Securities, by Act of said Holders delivered to the Company and the Trustee, the Company and the GuarantorsHoldings, each when authorized by a Board ResolutionsResolution, and the Trustee may together modify, amend or supplement this Indenture, Indenture or the Securities or the Guarantees, for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture or of modifying in any manner the rights of the Holders under this Indenture; provided, however, that no such modification, amendment or supplemental indenture mayshall, without the consent of the Holder of each Outstanding Security affected thereby:,
(i) reduce the principal amount of, extend the Stated Maturity of or alter the redemption provisions of, the Securities;,
(ii) change the currency in which any Securities or any premium or the interest thereon is payable;,
(iii) reduce the percentage in principal amount of Outstanding Securities that must consent to an amendment, supplement or waiver or consent to take any action under this Indenture, Indenture or the Securities or any the Guarantee;,
(iv) impair the right to institute suit for the enforcement of any payment on or with respect to the Securities or any the Guarantee;,
(v) waive a default in payment with respect to the Securities or the Guarantee,
(vi) amend, change or modify the obligation of the Company to make and consummate a Fundamental Change Offer in the event of a Fundamental Change or modify any Guaranteeof the provisions or definitions with respect thereto,
(vii) amend, change or modify the Company’s obligation to purchase or repurchase any Security at the option of the holder (including reduce any amount payable upon repurchase of any Security) as required under this Indenture;
(viviii) except as permitted by this Indenture, increase the Conversion Price or modify the provisions of this Indenture relating to conversion of the Securities in a manner adverse to the Holders of the Securities;
(ix) reduce or change the rate or time for payment of interest on the Securities; or
(viix) modify or change any provision of this Indenture affecting the ranking of the Securities or any the Guarantee in a manner adverse to the Holders of the Securities. It shall not be necessary for any Act of Holders under this Section 9.02 to approve the particular form of any proposed modification, amendment or supplemental indenture, but it shall be sufficient if such Act shall approve the substance thereof. The Trustee shall join with the Company and each Guarantor Holdings in the execution of such amended or supplemental indenture unless such amended or supplemental indenture affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise, in which case the Trustee may in its discretion but shall not be obligated to enter into such amendment or supplemental indenture.
Appears in 1 contract
Samples: Indenture (United Rentals Inc /De)
Modifications, Amendments and Supplemental Indentures with Consent of Holders. With the consent of the Holders of not less than a majority in principal amount of the Outstanding Securities, by Act of said Holders delivered to the Company and the Trustee, the Company and the Guarantors, when authorized by Board Resolutions, and the Trustee may together modify, amend or supplement this Indenture, Indenture or the Securities or the Guarantees, for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture or of modifying in any manner the rights of the Holders under this Indenture; provided, however, that no such modification, amendment or supplemental indenture mayshall, without the consent of the Holder of each Outstanding Security affected thereby:,
(i) reduce the principal amount of, extend the Stated Maturity of or alter the redemption provisions of, the Securities;,
(ii) change the currency in which any Securities or any premium or the interest thereon is payable;,
(iii) reduce the percentage in principal amount of Outstanding Securities that must consent to an amendment, supplement or waiver or consent to take any action under this Indenture, Indenture or the Securities or any Guarantee;Guaranty,
(iv) impair the right to institute suit for the enforcement of any payment on or with respect to the Securities or any Guarantee;Guaranty,
(v) waive a default in payment with respect to the Securities or any Guarantee;Guaranty,
(vi) amend, change or modify the obligation of the Company to make and consummate a Change of Control Offer in the event of a Change of Control or make and consummate an Asset Sale Offer with respect to any Asset Sale or modify any of the provisions or definitions with respect thereto,
(vii) reduce or change the rate or time for payment of interest on the Securities; , or
(viiviii) modify or change any provision of this Indenture affecting the ranking of the Securities or any Guarantee Guaranty in a manner adverse to the Holders of the Securities. It shall not be necessary for any Act of Holders under this Section 9.02 to approve the particular form of any proposed modification, amendment or supplemental indenture, but it shall be sufficient if such Act shall approve the substance thereof. The Trustee shall join with the Company and each Guarantor in the execution of such amended or supplemental indenture unless such amended or supplemental indenture affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise, in which case the Trustee may in its discretion but shall not be obligated to enter into such amendment or supplemental indenture.
Appears in 1 contract
Samples: Indenture (United Rentals Gulf Inc)
Modifications, Amendments and Supplemental Indentures with Consent of Holders. With the consent of the Holders of not less than a majority in principal amount of the Outstanding Securities, by Act of said Holders delivered to the Company and the Trustee, the Company and the Guarantors, 110 when authorized by Board Resolutions, and the Trustee may together modify, amend or supplement this Indenture, the Securities or the Guarantees, Indenture for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture or of modifying in any manner the rights of the Holders under this Indenture; provided, however, that no such modification, amendment or supplemental -------- ------- indenture mayshall, without the consent of the Holder of each Outstanding Security affected thereby:,
(i) reduce the principal amount of, extend the Stated Maturity of or alter the redemption provisions of, the Securities;,
(ii) change the currency in which any Securities or any premium or the interest thereon is payable;,
(iii) reduce the percentage in principal amount of Outstanding Securities that must consent to an amendment, supplement or waiver or consent to take any action under this Indenture, the Indenture or the Securities or any Guarantee;Guaranty,
(iv) impair the right to institute suit for the enforcement of any payment on or with respect to the Securities or any Guarantee;Guaranty,
(v) waive a default in payment with respect to the Securities or any Guarantee;Guaranty,
(vi) amend, change or modify the obligation of the Company to make and consummate a Change of Control Offer in the event of a Change of Control or make and consummate an Asset Sale Offer with respect to any Asset Sale or modify any of the provisions or definitions with respect thereto,
(vii) reduce or change the rate or time for payment of interest on the Securities; , or
(viiviii) modify or change any provision of this Indenture affecting the ranking of the Securities or any Guarantee Guaranty in a manner adverse to the Holders of the Securities. It shall not be necessary for any Act of Holders under this Section 9.02 to approve the particular form of any proposed modification, amendment or supplemental indenture, but it shall be sufficient if such Act shall approve the substance thereof. The Trustee shall join with the Company and each Guarantor in the execution of such amended or supplemental indenture unless such amended or supplemental indenture affects the Trustee’s 's own rights, duties or immunities under this Indenture or otherwise, in which case the Trustee may in its discretion but shall not be obligated to enter into such amendment or supplemental indenture. In addition, no modification, amendment or supplement to the provisions of Article XIV which is adverse to the interests of the lenders under the Credit Facility or the Term Loan shall be made without the consent of the representatives of such lenders.
Appears in 1 contract
Samples: Indenture (Wyne Systems Inc)
Modifications, Amendments and Supplemental Indentures with Consent of Holders. With the consent of the Holders of a majority in principal amount of the Outstanding Securities, by Act of said Holders delivered to the Company and the Trustee, the Company and the Guarantors, when authorized by Board Resolutions, and the Trustee may together modify, amend or supplement this Indenture, Indenture or the Securities or the Guarantees, for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture or of modifying in any manner the rights of the Holders under this Indenture; provided, however, that no such modification, amendment or supplemental indenture mayshall, without the consent of the Holder of each Outstanding Security affected thereby:,
(i) reduce the principal amount of, extend the Stated Maturity of or alter the redemption provisions of, the Securities;,
(ii) change the currency in which any Securities or any premium or the interest thereon is payable;,
(iii) reduce the percentage in principal amount of Outstanding Securities that must consent to an amendment, supplement or waiver or consent to take any action under this Indenture, Indenture or the Securities or any Guarantee;,
(iv) impair the right to institute suit for the enforcement of any payment on or with respect to the Securities or any Guarantee;,
(v) waive a default in payment with respect to the Securities or any Guarantee;,
(vi) reduce or change the rate or time for payment of interest on the Securities; , or
(vii) modify or change any provision of this Indenture affecting the ranking of the Securities or any Guarantee in a manner adverse to the Holders of the Securities. It shall not be necessary for any Act of Holders under this Section 9.02 to approve the particular form of any proposed modification, amendment or supplemental indenture, but it shall be sufficient if such Act shall approve the substance thereof. The Trustee shall join with the Company and each Guarantor in the execution of such amended or supplemental indenture unless such amended or supplemental indenture affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise, in which case the Trustee may in its discretion discretion, but shall not be obligated to to, enter into such amendment or supplemental indenture.
Appears in 1 contract
Samples: Senior Indenture (United Rentals North America Inc)
Modifications, Amendments and Supplemental Indentures with Consent of Holders. With the consent of the Holders of not less than a majority in principal amount of the Outstanding Securities, by Act of said Holders delivered to the Company and the Trustee, the Company and the Guarantors, when authorized by Board Resolutions, and the Trustee may together modify, amend or supplement this Indenture, the Securities or the Guarantees, Indenture for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture or of modifying in any manner the rights of the Holders under this Indenture; provided, however, that no such modification, amendment or supplemental indenture mayshall, without the consent of the Holder of each Outstanding Security affected thereby:,
(i) reduce the principal amount of, extend the Stated Maturity of or alter the redemption provisions of, the Securities;,
(ii) change the currency in which any Securities or any premium or the interest thereon is payable;,
(iii) reduce the percentage in principal amount of Outstanding Securities that must consent to an amendment, supplement or waiver or consent to take any action under this Indenture, Indenture or the Securities or any Guarantee;Guaranty,
(iv) impair the right to institute suit for the enforcement of any payment on or with respect to the Securities or any Guarantee;Guaranty,
(v) waive a default in payment with respect to the Securities or any Guarantee;Guaranty,
(vi) amend, change or modify the obligation of the Company to make and consummate a Change of Control Offer in the event of a Change of Control or make and consummate an Asset Sale Offer with respect to any Asset Sale or modify any of the provisions or definitions with respect thereto,
(vii) reduce or change the rate or time for payment of interest on the Securities; , or
(viiviii) modify or change any provision of this Indenture affecting the ranking of the Securities or any Guarantee Guaranty in a manner adverse to the Holders of the Securities. It shall not be necessary for any Act of Holders under this Section 9.02 to approve the particular form of any proposed modification, amendment or supplemental indenture, but it shall be sufficient if such Act shall approve the substance thereof. The Trustee shall join with the Company and each Guarantor in the execution of such amended or supplemental indenture unless such amended or supplemental indenture affects the Trustee’s 's own rights, duties or immunities under this Indenture or otherwise, in which case the Trustee may in its discretion but shall not be obligated to enter into such amendment or supplemental indenture. In addition, no modification, amendment or supplement to the provisions of Article XIV which is adverse to the interests of the lenders under the Credit Facility or the Term Loan shall be made without the consent of the representatives of such lenders.
Appears in 1 contract
Modifications, Amendments and Supplemental Indentures with Consent of Holders. With the consent of the Holders of not less than a majority in principal amount of the Outstanding Securities, by Act of said Holders delivered to the Company and the Trustee, the Company and the Guarantors, when authorized by Board Resolutions, and the Trustee may together modify, amend or supplement this Indenture, the Securities or the Guarantees, Indenture for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture or of modifying in any manner the rights of the Holders under this Indenture; provided, however, -------- ------- that no such modification, amendment or supplemental indenture mayshall, without the consent of the Holder of each Outstanding Security affected thereby:,
(i) reduce the principal amount of, extend the Stated Maturity of or alter the redemption provisions of, the Securities;,
(ii) change the currency in which any Securities or any premium or the interest thereon is payable;,
(iii) reduce the percentage in principal amount of Outstanding Securities that must consent to an amendment, supplement or waiver or consent to take any action under this Indenture, Indenture or the Securities or any Guarantee;Guaranty,
(iv) impair the right to institute suit for the enforcement of any payment on or with respect to the Securities or any Guarantee;Guaranty,
(v) waive a default in payment with respect to the Securities or any Guarantee;Guaranty,
(vi) amend, change or modify the obligation of the Company to make and consummate a Change of Control Offer in the event of a Change of Control or make and consummate an Asset Sale Offer with respect to any Asset Sale or modify any of the provisions or definitions with respect thereto,
(vii) reduce or change the rate or time for payment of interest on the Securities; , or
(viiviii) modify or change any provision of this Indenture affecting the ranking of the Securities or any Guarantee Guaranty in a manner adverse to the Holders of the Securities. It shall not be necessary for any Act of Holders under this Section 9.02 to approve the particular form of any proposed modification, amendment or supplemental indenture, but it shall be sufficient if such Act shall approve the substance thereof. The Trustee shall join with the Company and each Guarantor in the execution of such amended or supplemental indenture unless such amended or supplemental indenture affects the Trustee’s 's own rights, duties or immunities under this Indenture or otherwise, in which case the Trustee may in its discretion but shall not be obligated to enter into such amendment or supplemental indenture. In addition, no modification, amendment or supplement to the provisions of Article XIV which is adverse to the interests of the lenders under the Credit Facility or the Term Loan shall be made without the consent of the representatives of such lenders.
Appears in 1 contract
Modifications, Amendments and Supplemental Indentures with Consent of Holders. With the consent of the Holders of a majority in principal amount of the Outstanding Securities, by Act of said Holders delivered to the Company Company, the Trustee and the TrusteeNotes Collateral Agent, the Company and the Guarantors, when authorized by Board Resolutions, and the Trustee and the Notes Collateral Agent may together modify, amend or supplement this Indenture, the Securities Securities, the Guarantees, the Notes Collateral Documents or the GuaranteesIntercreditor Agreement, for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture or of modifying in any manner the rights of the Holders under this Indenture; provided, howeverthat without the consent of at least 75% in aggregate principal amount of Securities then outstanding, that an amendment, modification or waiver may not (a) effect a release of all or substantially all of the Collateral from the Liens securing the Indenture Obligations, (b) release any Guarantor from any of its Obligations under its Guarantee or this Indenture, except in accordance with the terms of this Indenture or (c) amend, change or modify the obligations of the Company or the Guarantors under Section 10.06. Notwithstanding the foregoing, no such modification, amendment or supplemental indenture mayshall, without the consent of the Holder of each Outstanding Security affected thereby:
(i) reduce the principal amount of, extend the Stated Maturity of or alter the redemption provisions of, the Securities;,
(ii) change the currency in which any Securities or any premium or the interest thereon is payable;,
(iii) reduce the percentage in principal amount of Outstanding Securities that must consent to an amendment, supplement or waiver or consent to take any action under this Indenture, the Securities Securities, any Guarantee or any Guarantee;the Notes Collateral Documents,
(iv) impair the right to institute suit for the enforcement of any payment on or with respect to the Securities or any Guarantee;,
(v) waive a default in payment with respect to the Securities or any Guarantee;,
(vi) reduce or change the rate or time for payment of interest on the Securities; , or
(vii) modify or change any provision of this Indenture affecting the ranking of the Securities or any Guarantee in a manner adverse to the Holders of the Securities. It shall not be necessary for any Act of Holders under this Section 9.02 to approve the particular form of any proposed modification, amendment or supplemental indenture, but it shall be sufficient if such Act shall approve the substance thereof. The Trustee shall join with the Company and each Guarantor in the execution of such amended or supplemental indenture unless such amended or supplemental indenture affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise, in which case the Trustee may in its discretion discretion, but shall not be obligated to to, enter into such amendment or supplemental indenture.
Appears in 1 contract
Samples: Senior Secured Indenture (United Rentals Highway Technologies Gulf, LLC)
Modifications, Amendments and Supplemental Indentures with Consent of Holders. With the consent of the Holders of a majority in principal amount of the Outstanding Securities, by Act of said Holders delivered to the Company Company, the Trustee and the TrusteeNotes Collateral Agent, the Company and the Guarantors, when authorized by Board Resolutions, and the Trustee and the Notes Collateral Agent may together modify, amend or supplement this Indenture, the Securities or Securities, the Guarantees, the Notes Collateral Documents or the Intercreditor Agreement for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture or of modifying in any manner the rights of the Holders under this Indenture; provided, howeverthat without the consent of at least two-thirds in aggregate principal amount of the Outstanding Securities, that an amendment, modification or supplemental indenture may not effect a release of all or substantially all of the Collateral from the Liens securing the Indenture Obligations, except in accordance with the terms of this Indenture, the Notes Collateral Documents or the Intercreditor Agreement, as applicable; Notwithstanding the foregoing, no such modification, amendment or supplemental indenture may, without the consent of the Holder of each Outstanding Security affected thereby:
(i) reduce the principal amount of, extend the Stated Maturity of or alter the redemption provisions of, the Securities;
(ii) change the currency in which any Securities or any premium or the interest thereon is payable;
(iii) reduce the percentage in principal amount of Outstanding Securities that must consent to an amendment, supplement or waiver or consent to take any action under this Indenture, the Securities Securities, any Guarantee or any Guaranteethe Notes Collateral Documents;
(iv) impair the right to institute suit for the enforcement of any payment on or with respect to the Securities or any Guarantee;
(v) waive a default in payment with respect to the Securities or any Guarantee;
(vi) reduce or change the rate or time for payment of interest on the Securities; or
(vii) modify or change any provision of this Indenture affecting the ranking of the Securities or any Guarantee in a manner adverse to the Holders of the Securities. It shall not be necessary for any Act of Holders under this Section 9.02 to approve the particular form of any proposed modification, amendment or supplemental indenture, but it shall be sufficient if such Act shall approve the substance thereof. The Trustee shall join with the Company and each Guarantor in the execution of such amended or supplemental indenture unless such amended or supplemental indenture affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise, in which case the Trustee may in its discretion but shall not be obligated to enter into such amendment or supplemental indenture.
Appears in 1 contract
Modifications, Amendments and Supplemental Indentures with Consent of Holders. With the consent of the Holders of a majority in principal amount of the Outstanding Securities, by Act of said Holders delivered to the Company Company, the Trustee and the TrusteeNotes Collateral Agent, the Company and the Guarantors, when authorized by Board Resolutions, and the Trustee and the Notes Collateral Agent may together modify, amend or supplement this Indenture, the Securities Securities, the Guarantees, the Notes Collateral Documents or the GuaranteesIntercreditor Agreement, for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture or of modifying in any manner the rights of the Holders under this Indenture; provided, that without the consent of at least two-thirds in aggregate principal amount of the Outstanding Securities, an amendment, modification or supplemental indenture may not (x) effect a release of all or substantially all of the Collateral from the Liens securing the Indenture Obligations, except in accordance with the terms of this Indenture, the Notes Collateral Documents or the Intercreditor Agreement, as applicable or (y) change or alter the priority of the Liens securing the Indenture Obligations or the ranking of any guarantee of the Securities, in each case, in any way adverse to the Holders in any material respect, other than, in each case, as provided under the terms of this Indenture, the Notes Collateral Documents or the Intercreditor Agreement, as applicable; provided, however, that no such modification, amendment or supplemental indenture may, without the consent of the Holder of each Outstanding Security affected thereby:
(i) reduce the principal amount of, extend the Stated Maturity of or alter the redemption provisions of, the Securities;
(ii) change the currency in which any Securities or any premium or the interest thereon is payable;
(iii) reduce the percentage in principal amount of Outstanding Securities that must consent to an amendment, supplement or waiver or consent to take any action under this Indenture, the Securities Securities, any Guarantee or any Guaranteethe Notes Collateral Documents;
(iv) impair the right to institute suit for the enforcement of any payment on or with respect to the Securities or any Guarantee;
(v) waive a default in payment with respect to the Securities or any Guarantee;; or
(vi) reduce or change the rate or time for payment of interest on the Securities; or
(vii) modify or change any provision of this Indenture affecting the ranking of the Securities or any Guarantee in a manner adverse to the Holders of the Securities. It shall not be necessary for any Act of Holders under this Section 9.02 to approve the particular form of any proposed modification, amendment or supplemental indenture, but it shall be sufficient if such Act shall approve the substance thereof. The Trustee shall join with the Company and each Guarantor in the execution of such amended or supplemental indenture unless such amended or supplemental indenture affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise, in which case the Trustee may in its discretion discretion, but shall not be obligated to to, enter into such amendment or supplemental indenture.
Appears in 1 contract
Samples: Senior Secured Indenture (United Rentals Highway Technologies Gulf, LLC)
Modifications, Amendments and Supplemental Indentures with Consent of Holders. With the consent of the Holders of not less than a majority in principal amount of the Outstanding Securities, by Act of said Holders delivered to the Company and the Trustee, the Company and the Guarantors, when authorized by Board Resolutions, and the Trustee may together modify, amend or supplement this Indenture, the Securities or the Guarantees, Indenture for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture or of modifying in any manner the rights of the Holders under this Indenture; provided, however, that no such modification, amendment or supplemental indenture mayshall, without the consent of the Holder of each Outstanding Security affected thereby:,
(i) reduce the principal amount of, extend change the Stated Maturity fixed maturity of or alter the redemption provisions of, the Securities;,
(ii) change the currency in which any Securities or any premium or the interest thereon is payable;,
(iii) reduce the percentage in principal amount of Outstanding Securities that must consent to an amendment, supplement or waiver or consent to take any action under this Indenture, the Indenture or the Securities or any Guarantee;Guaranty,
(iv) impair the right to institute suit for the enforcement of any payment on or with respect to the Securities or any Guarantee;Guaranty,
(v) waive a default in payment with respect to the Securities or any Guarantee;Guaranty,
(vi) amend, change or modify the obligation of the Company to make and consummate a Change of Control Offer after the occurrence of a Change of Control or make and consummate an Asset Sale Offer with respect to any Asset Sale that has been consummated or modify any of the provisions or definitions with respect thereto,
(vii) reduce or change the rate or time for payment of interest on the Securities; , or
(viiviii) modify or change any provision of this Indenture affecting the subordination or ranking of the Securities Security or any Guarantee in a manner adverse to which adversely affects the Holders holders of the Securities. It shall not be necessary for any Act of Holders under this Section 9.02 to approve the particular form of any proposed modification, amendment or supplemental indenture, but it shall be sufficient if such Act shall approve the substance thereof. The Trustee shall join with the Company and each Guarantor in the execution of such amended or supplemental indenture unless such amended or supplemental indenture affects the Trustee’s 's own rights, duties or immunities under this Indenture or otherwise, in which case the Trustee may in its discretion but shall not be obligated to enter into such amendment or supplemental indenture. In addition, no modification, amendment or supplement to the provisions of Article XIV which is adverse to the interests of the lenders under the Credit Facility shall be made without the consent of the representative of such lenders.
Appears in 1 contract
Modifications, Amendments and Supplemental Indentures with Consent of Holders. With the consent of the Holders of a majority in principal amount of the Outstanding Securities, by Act of said Holders delivered to the Company and the Trustee, the Company and the GuarantorsCompany, when authorized by Board Resolutions, and the Trustee may together modify, amend or supplement this Indenture, the Securities or the Guarantees, for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture or of modifying in any manner the rights of the Holders under this Indenture; provided, however, that no such modification, amendment or supplemental indenture may, without the consent of the Holder of each Outstanding Security affected thereby:
(i) reduce the principal amount of, extend the Stated Maturity of or alter the redemption provisions of, the Securities;
(ii) change the currency in which any Securities or any premium or the interest thereon is payable;
(iii) reduce the percentage in principal amount of Outstanding Securities that must consent to an amendment, supplement or waiver or consent to take any action under this Indenture, Indenture or the Securities or any GuaranteeSecurities;
(iv) impair the right to institute suit for the enforcement of any payment on or with respect to the Securities or any GuaranteeSecurities;
(v) waive a default in payment with respect to the Securities or any GuaranteeSecurities;
(vi) reduce or change the rate or time for payment of interest interest, if any, on the Securities; or
(vii) modify or change any provision of this Indenture affecting the ranking of the Securities or any Guarantee in a manner adverse to the Holders of the Securities. It shall not be necessary for any Act of Holders under this Section 9.02 to approve the particular form of any proposed modification, amendment or supplemental indenture, but it shall be sufficient if such Act shall approve the substance thereof. The Trustee shall join with the Company and each Guarantor in the execution of such amended or supplemental indenture unless such amended or supplemental indenture affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise, in which case the Trustee may in its discretion but shall not be obligated to enter into such amendment or supplemental indenture.
Appears in 1 contract
Samples: Indenture (Herc Holdings Inc)
Modifications, Amendments and Supplemental Indentures with Consent of Holders. With the consent of the Holders of not less than a majority in principal amount of the Outstanding Securities, by Act of said Holders delivered to the Company Company, Xxxxx and the Trustee, each of the Company and the GuarantorsXxxxx, when authorized by a Board ResolutionsResolution, and the Trustee may together modify, amend or supplement this Indenture, the Securities or the Guarantees, Indenture for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture or of modifying in any manner the rights of the Holders under this Indenture; provided, however, that no such modification, amendment or supplemental ----------------- indenture mayshall, without the consent of the Holder of each Outstanding Security affected thereby:,
(i1) reduce the principal amount of, extend the Stated Maturity of or alter the redemption Redemption provisions of, the Securities;,
(ii2) change the currency in which any Securities or any premium or the interest thereon is payable;,
(iii3) reduce the percentage in principal amount of Outstanding Securities that must consent to an amendment, supplement or waiver or consent to take any action under this Indenture, the Securities Indenture or any Guarantee;the Securities,
(iv4) impair the right to institute suit for the enforcement of any payment on or with respect to the Securities or any Guarantee;Securities,
(v5) waive a default in payment with respect to the Securities or any Guarantee;Securities,
(vi6) amend, change or modify the obligation of the Company to make and consummate a Change of Control Offer in the event of a Change of Control or make and consummate the offer with respect to any Asset Sale or modify any of the provisions or definitions with respect thereto,
(7) reduce or change the rate or time for payment of interest on the Securities; or,
(vii) 8) modify or change any provision of this Indenture affecting the ranking of the Securities or any Guarantee in a manner adverse to the Holders of the Securities, or
(9) modify the provisions of the Deposit Agreement or Section 10.21 in any manner adverse to the Holders (provided that any Amendment to the definition of Rainbow Consummation need be approved only by Holders of not less than a majority in principal amount of the Outstanding Securities) or release any of the Collateral from the Lien securing the Securities (unless the Rainbow Consummation shall have occurred or the Company has purchased at the Purchase Price all Securities tendered pursuant to a Deposit Offer made pursuant to Section 10.21) or permit any other Indebtedness or other obligation to be secured by the Deposit Funds. It shall not be necessary for any Act of Holders under this Section 9.02 to approve the particular form of any proposed modification, amendment or supplemental indenture, but it shall be sufficient if such Act shall approve the substance thereof. The Trustee shall join with the Company and each Guarantor in the execution of such amended or supplemental indenture unless such amended or supplemental indenture affects the Trustee’s own rightsmay, duties or immunities under this Indenture or otherwise, in which case the Trustee may in its discretion but shall not be obligated to, fix a record date for the purpose of determining the Persons entitled to enter into such amendment or consent to any indenture supplemental indenturehereto in accordance with Section 1.4 hereof.
Appears in 1 contract
Samples: Indenture (FLN Finance Inc)
Modifications, Amendments and Supplemental Indentures with Consent of Holders. With the consent of the Holders of a majority in principal amount of the Outstanding Securities, by Act of said Holders delivered to the Company and the Trustee, the Company and the Guarantors, when authorized by Board Resolutions, and the Trustee may together modify, amend or supplement this Indenture, the Securities or the Guarantees, for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture or of modifying in any manner the rights of the Holders under this Indenture; provided, however, that no such modification, amendment or supplemental indenture may, without the consent of the Holder of each Outstanding Security affected thereby:,
(i) reduce the principal amount of, extend the Stated Maturity of or alter the redemption provisions of, the Securities;
(ii) change the currency in which any Securities or any premium or the interest thereon is payable;
(iii) reduce the percentage in principal amount of Outstanding Securities that must consent to an amendment, supplement or waiver or consent to take any action under this Indenture, Indenture or the Securities or any Guarantee;
(iv) impair the right to institute suit for the enforcement of any payment on or with respect to the Securities or any Guarantee;
(v) waive a default in payment with respect to the Securities or any Guarantee;; or
(vi) reduce or change the rate or time for payment of interest on the Securities; or
(vii) modify or change any provision of this Indenture affecting the ranking of the Securities or any Guarantee in a manner adverse to the Holders of the Securities. It shall not be necessary for any Act of Holders under this Section 9.02 to approve the particular form of any proposed modification, amendment or supplemental indenture, but it shall be sufficient if such Act shall approve the substance thereof. The Trustee shall join with the Company and each Guarantor in the execution of such amended or supplemental indenture unless such amended or supplemental indenture affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise, in which case the Trustee may in its discretion discretion, but shall not be obligated to to, enter into such amendment or supplemental indenture.
Appears in 1 contract
Samples: Senior Indenture (United Rentals Highway Technologies Gulf, LLC)
Modifications, Amendments and Supplemental Indentures with Consent of Holders. With the consent of the Holders of a majority in principal amount of the Outstanding Securities, by Act of said Holders delivered to the Company and the Trustee, the Company and the GuarantorsCompany, when authorized by Board Resolutions, and the Trustee may together modify, amend or supplement this Indenture, Indenture or the Securities or the Guarantees, for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture or of modifying in any manner the rights of the Holders under this Indenture; provided, however, that no such modification, amendment or supplemental indenture mayshall, without the consent of the Holder of each Outstanding Security affected thereby:,
(i) reduce the principal amount of, extend the Stated Maturity of or alter the redemption provisions of, the Securities;,
(ii) change the currency in which any Securities or any premium or the interest thereon is payable;,
(iii) reduce the percentage in principal amount of Outstanding Securities that must consent to an amendment, supplement or waiver or consent to take any action under this Indenture, Indenture or the Securities or any Guarantee;Securities,
(iv) impair the right to institute suit for the enforcement of any payment on or with respect to the Securities or any Guarantee;Securities,
(v) waive a default in payment with respect to the Securities or any Guarantee;Securities,
(vi) reduce or change the rate or time for payment of interest on the Securities; , or
(vii) modify or change any provision of this Indenture affecting the ranking of the Securities or any Guarantee in a manner adverse to the Holders of the Securities. It shall not be necessary for any Act of Holders under this Section 9.02 to approve the particular form of any proposed modification, amendment or supplemental indenture, but it shall be sufficient if such Act shall approve the substance thereof. The Trustee shall join with the Company and each Guarantor in the execution of such amended or supplemental indenture unless such amended or supplemental indenture affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise, in which case the Trustee may in its discretion discretion, but shall not be obligated to to, enter into such amendment or supplemental indenture.
Appears in 1 contract
Samples: Senior Indenture (United Rentals North America Inc)
