Common use of No Amendment or Certain Other Actions Without Consent of the Purchasers Clause in Contracts

No Amendment or Certain Other Actions Without Consent of the Purchasers. To the extent that, collectively, the Purchasers and their affiliates are the Holders or Designated Owners of 75% of the VMTP Shares then outstanding, without the prior written consent of the Purchasers, the Issuer will not agree to, consent to or permit any material amendment, supplement, modification or repeal of the Articles Supplementary or any provision therein, nor waive any provision thereof that would adversely affect the Holders; provided that, subject to Section 7.13, the Issuer will provide not less than five (5) Business Days’ notice (or such lesser number of days that the Issuer and the Purchasers agree) (the “notice period”) before the implementation of any such amendment, supplement, modification or repeal that it has determined would not have an adverse effect pursuant to this Section 6.2; provided further that the Issuer shall not proceed with such amendment that it has determined to not have an adverse effect if the Majority Participants provide an objection stating that such amendment is adverse and providing the basis therefor not less that two (2) Business Days prior to the end of notice period; provided further that any notice provided by the Issuer or the Purchasers pursuant to this Section 6.2 that is received after 1:00 pm Eastern time on any given day will be treated as having been received on the following Business Day.

No Amendment or Certain Other Actions Without Consent of the Purchasers. To the extent that, collectively, the Purchasers and their affiliates are the Holders or Designated Owners of 75more than 50% of the 2019 VMTP Shares then outstanding, without the prior written consent of the Purchasers, the Issuer will not agree to, consent to or permit any material amendment, supplement, modification or repeal of the Articles Supplementary Statement or any provision therein, nor waive any provision thereof that would adversely affect the Holders; provided that, subject to Section 7.13, the Issuer will provide not less than five ten (510) Business Days’ ' written notice in accordance with Section 7.1 of this Agreement (or such lesser number of days that the Issuer and the Purchasers Purchaser agree) (the “notice period”), which notice shall be confirmed telephonically with the Purchasers within one (1) Business Day, before the implementation of any such amendment, supplement, modification or repeal that it has determined would not have an adverse effect pursuant to this Section 6.2; provided further that the Issuer shall not proceed with such amendment that it has determined to not have an adverse effect if the Majority Participants provide an objection stating that such amendment is adverse and providing the basis therefor not less that than two (2) Business Days prior to the end of notice period; provided further that any notice provided by the Issuer or the Purchasers pursuant to this Section 6.2 that is received after 1:00 pm Eastern time on any given day will be treated as having been received on the following Business Day.