Common use of Notwithstanding Section 9 Clause in Contracts

Notwithstanding Section 9. 02(a), without the consent of each Holder, an amendment, supplement or waiver, including a waiver pursuant to Section 6.04, may not: (1) reduce the principal amount of Securities whose Holders must consent to an amendment, supplement or waiver; (2) reduce the principal of or change the fixed maturity of any Security or alter the provisions with respect to the redemption of the Securities (other than provisions of Section 4.11, Section 4.12 and Section 4.13); (3) reduce the rate of or change the time for payment of interest on any Security; (4) waive a Default or Event of Default in the payment of principal, or interest or premium, or Additional Interest, if any on the Securities (except a rescission of acceleration of the Securities by the Holders of at least a majority in aggregate principal amount of the Securities with respect to a nonpayment default and a waiver of the payment default that resulted from such acceleration); (5) make any Security payable in money other than that stated in the Securities; (6) make any change in the provisions of this Indenture relating to waivers of past Defaults or the rights of Holders to receive payments of principal, or interest or premium, or Additional Interest, if any, on the Securities; (7) waive a redemption payment with respect to any Security (other than a payment required by one of the provisions of Section 4.11, Section 4.12 and Section 4.13); (8) make any change in the preceding amendment and waiver provisions; (9) modify the Guarantees in any manner adverse to the Holders; or (10) release the security interest granted for the benefit of the Holders in the Collateral other than pursuant to the terms of the Security Documents or as otherwise permitted by this Indenture.

Notwithstanding Section 9. 02(a), without the consent of each HolderHolder affected, an amendment, supplement or waiver, including a waiver pursuant to Section 6.04, may not:not (with respect to any Notes held by a non-consenting Holder): (1) reduce the principal amount of Securities Notes whose Holders must consent to an amendment, supplement or waiver; (2) reduce the principal of or change the fixed maturity of any Security Note or alter the provisions with respect to the redemption of the Securities Notes (other than than, subject to clause (10) below, the provisions of Section 4.11, Section 4.12 Sections 4.09 and Section 4.13); (3) reduce the rate of or change the time for payment of interest on any SecurityNote; (4) waive a Default or Event of Default in the payment of principal, or interest or premium, or Additional Interestif any, if any on the Securities Notes (except a rescission of acceleration of the Securities Notes by the Holders of at least a majority in aggregate principal amount of the Securities Notes with respect to a nonpayment default and a waiver of the payment default that resulted from such acceleration); (5) make any Security Note payable in money other than that stated in the SecuritiesNotes; (6) make any change in the provisions of this Indenture relating to waivers of past Defaults or the rights of Holders to receive payments of principalprincipal of, or interest or premium, or Additional Interest, if any, on the SecuritiesNotes or impair the right of any Holder to institute suit for the enforcement of any payment on or with respect to such Holder’s Notes; (7) waive a redemption payment with respect to any Security Note (other than than, subject to clause (10) below, a payment required by one of the provisions of Section 4.11, Section 4.12 and 4.09 or Section 4.13); (8) make any change in the preceding amendment and waiver provisionsranking or priority of any Note that would adversely affect the Holders; (9) modify the Guarantees in any manner adverse to the Holders; or (10) release the security interest granted for the benefit of the Holders make any change in the Collateral other than pursuant to the terms of the Security Documents or as otherwise permitted by this Indenturepreceding amendment and waiver provisions.

Notwithstanding Section 9. 02(a), without the consent of each HolderHolder affected (including, an amendmentwithout limitation, supplement consents obtained in connection with a purchase of, or waivertender offer or exchange offer for, including a Notes), no amendment or waiver pursuant to Section 6.04, may notmay: (1) reduce change the Stated Maturity of the principal amount of, or any installment of Securities whose Holders must consent interest on, any Note (in each case, other than pursuant to an amendment, supplement Section 4.07 or waiverSection 4.11); (2) reduce the principal of amount of, or change the fixed maturity of premium, if any, or interest on, any Security Note or alter the provisions with respect to the redemption of the Securities (make any Note payable in a currency other than provisions of Section 4.11, Section 4.12 and Section 4.13)that stated in the Note; (3) reduce the rate of or change the time for place of payment of principal of, or premium, if any, or interest on on, any SecurityNote; (4) make any change in the provisions of this Indenture entitling any Holder to receive payment of principal, premium, if any, and interest on such Holder’s Notes on or after the due dates thereof, or setting forth the contractual right to institute suit for the enforcement of any payment on or after the Stated Maturity (or, in the case of a redemption, on or after the redemption date) of any Note; (5) reduce the above-stated percentages of outstanding Notes the consent of whose Holders is necessary to modify or amend this Indenture; (6) waive a Default or Event of Default default in the payment of principalprincipal of, premium, if any, or interest or premium, or Additional Interest, if any on the Securities Notes (except a rescission of the declaration of acceleration of the Securities Notes by the Holders of at least a majority in aggregate principal amount of the Securities with respect to a nonpayment default Notes then outstanding and a waiver of the payment default that resulted from such acceleration, so long as all other existing Events of Default, other than the nonpayment of the principal of, premium, if any, and interest on the Notes that have become due solely by such declaration of acceleration, have been cured or waived); (57) make any Security payable in money other than that stated in voluntarily release a Guarantor of the SecuritiesNotes, except as permitted by this Indenture; (68) reduce the percentage or aggregate principal amount of outstanding Notes the consent of whose Holders is necessary for waiver of compliance with provisions of this Indenture or for waiver of Defaults; or (9) make any change in the provisions of this Indenture relating to waivers of past Defaults or the rights related definitions affecting the ranking of Holders the Notes or any Notes Guarantee as to receive payments contractual right of principal, or interest or premium, or Additional Interest, if any, on payment in a manner which adversely affects the SecuritiesHolders; (710) following the occurrence of a Change of Control or after the obligation to make an Offer to Purchase the Notes as a result of an Asset Sale has occurred, waive the Issuers’ obligation to make and consummate an Offer to Purchase as a redemption payment with respect result of a Change of Control or an Offer to any Security (other than Purchase the Notes as a payment required by one result of an Asset Sale, or amend the provisions of Section 4.11, Section 4.12 and Section 4.13); (8) make any change in the preceding amendment and waiver provisions; (9) modify the Guarantees in any manner adverse to the Holdersthis Indenture relating thereto; or (1011) release the security interest granted for the benefit of the Holders in the Collateral other than pursuant make any change to the terms provisions of this Indenture, the Intercreditor Agreement or the Security Documents or as otherwise permitted with respect to the pro rata application of proceeds of Collateral in respect of the Notes required thereby in a manner that by this Indentureits terms modifies the application of such proceeds in respect of the Notes required thereby to be on a less than pro rata basis to the Holder of such Note.

Notwithstanding Section 9. 02(a), without the consent of each HolderHolder affected, an amendment, supplement or waiver, including a waiver pursuant to Section 6.04, may not:not (with respect to any Notes held by a non-consenting Holder): (1) reduce the principal amount of Securities Notes whose Holders must consent to an amendment, supplement or waiver; (2) reduce the principal of or change the fixed maturity of any Security Note or alter the provisions with respect to the redemption of the Securities Notes (other than than, subject to clause (10) below, the provisions of Section 4.11, Section 4.12 Sections 4.09 and Section 4.13); (3) reduce the rate of or change the time for payment of interest on any SecurityNote; (4) waive a Default or Event of Default in the payment of principal, or interest or premium, or Additional Interest, if any any, on the Securities Notes (except a rescission of acceleration of the Securities Notes by the Holders of at least a majority in aggregate principal amount of the Securities Notes with respect to a nonpayment default and a waiver of the payment default that resulted from such acceleration); (5) make any Security Note payable in money other than that stated in the SecuritiesNotes; (6) make any change in the provisions of this Indenture relating to waivers of past Defaults or the rights of Holders to receive payments of principalprincipal of, or interest or premium, premium or Additional Interest, if any, on the SecuritiesNotes or impair the right of any Holder to institute suit for the enforcement of any payment on or with respect to such Holder’s Notes; (7) waive a redemption payment with respect to any Security Note (other than than, subject to clause (10) below, a payment required by one of the provisions of Section 4.11, Section 4.12 and 4.09 or Section 4.13); (8) make any change in the preceding amendment and waiver provisionsranking or priority of any Note that would adversely affect the Holders; (9) modify the Guarantees in any manner adverse to the Holders; or (10) release amend, change or modify in any material respect the security interest granted for the benefit obligation of the Holders Issuer or Holdings, as applicable, 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 in respect of an Asset Sale that has been consummated after a requirement to make an Asset Sale Offer has arisen; or (11) make any change in the Collateral other than pursuant to the terms of the Security Documents or as otherwise permitted by this Indenturepreceding amendment and waiver provisions.

Notwithstanding Section 9. 02(a), without the consent of each HolderHolder affected (including, an amendmentwithout limitation, supplement consents obtained in connection with a purchase of, or waivertender offer or exchange offer for, including a Notes), no amendment or waiver pursuant to Section 6.04, may notmay: (1) reduce change the Stated Maturity of the principal amount of, or any installment of Securities whose Holders must consent interest on, any Note (in each case, other than pursuant to an amendment, supplement Section 4.07 or waiverSection 4.11); (2) reduce the principal of amount of, or change the fixed maturity of premium, if any, or interest on, any Security or alter the provisions with respect to the redemption of the Securities Note (in each case, other than provisions of pursuant to Section 4.07 or Section 4.11, Section 4.12 and Section 4.13); (3) reduce the rate of or change the time for place of payment of principal of, or premium, if any, or interest on on, any SecurityNote; (4) impair the right to institute suit for the enforcement of any payment on or after the Stated Maturity (or, in the case of a redemption, on or after the Redemption Date) of any Note; (5) reduce the above-stated percentages of outstanding Notes the consent of whose Holders is necessary to modify or amend this Indenture; (6) waive a Default or Event of Default default in the payment of principalprincipal of, premium, if any, or interest or premium, or Additional Interest, if any on the Securities Notes (except a rescission of the declaration of acceleration of the Securities Notes by the Holders of at least a majority in aggregate principal amount of the Securities with respect to a nonpayment default Notes then outstanding and a waiver of the payment default that resulted from such acceleration); (5) make any Security payable in money , so long as all other existing Events of Default, other than that stated in the Securities; (6) make any change in nonpayment of the provisions of this Indenture relating to waivers of past Defaults or the rights of Holders to receive payments of principalprincipal of, or interest or premium, or Additional Interest, if any, and interest on the SecuritiesNotes that have become due solely by such declaration of acceleration, have been cured or waived); (7) waive voluntarily release a redemption payment with respect to any Security (other than a payment required by one Guarantor of the provisions of Section 4.11Notes, Section 4.12 and Section 4.13)except as permitted by this Indenture; (8) make any change in reduce the preceding amendment and percentage or aggregate principal amount of outstanding Notes the consent of whose Holders is necessary for waiver provisions;of compliance with provisions of this Indenture or for waiver of Defaults; or (9) modify subordinate the Notes or the Note Guarantees in as to right of payment to any manner adverse to the Holders; or (10) release the security interest granted for the benefit other Indebtedness of the Holders in the Collateral other than pursuant to the terms of the Security Documents Issuers or as otherwise permitted by this Indentureany Guarantor.

Notwithstanding Section 9. 02(a), without the consent of each HolderHolder affected, an amendment, supplement or waiver, including a waiver pursuant to Section 6.04, may not:not (with respect to any Notes held by a non-consenting Holder): (1) reduce the principal amount of Securities Notes whose Holders must consent to an amendment, supplement or waiver; (2) reduce the principal of or change the fixed maturity of any Security Note or alter the provisions with respect to the redemption of the Securities Notes (other than than, subject to clause (11) below, the provisions of Section 4.11, Section 4.12 Sections 4.09 and Section 4.13); (3) reduce the rate of or change the time for payment of interest on any SecurityNote; (4) waive a Default or Event of Default in the payment of principal, or interest or premium, or Additional Interest, if any any, on the Securities Notes (except a rescission of acceleration of the Securities Notes by the Holders of at least a majority in aggregate principal amount of the Securities Notes with respect to a nonpayment default and a waiver of the payment default that resulted from such acceleration); (5) make any Security Note payable in money other than that stated in the SecuritiesNotes; (6) make any change in the provisions of this Indenture relating to waivers of past Defaults or the rights of Holders to receive payments of principalprincipal of, or interest or premium, premium or Additional Interest, if any, on the SecuritiesNotes; (7) waive a redemption payment with respect to any Security Note (other than than, subject to clause (11) below, a payment required by one of the provisions of Section 4.11, Section 4.12 and 4.09 or Section 4.13); (8) make any change in the preceding amendment and waiver provisions; (9) impair the right of any Holder of the Notes to receive payment of principal of and interest on such Holder’s Notes on or after the due dates therefor or to institute suit for the enforcement of any payment on or with respect to such Holder’s Notes; (10) modify the Guarantees in any manner adverse to the Holders; or (1011) release amend, change or modify in any material respect the security interest granted for the benefit obligation of the Holders Issuer to make and consummate a Change of Control Offer in the Collateral other than pursuant respect of a Change of Control that has occurred or make and consummate an Asset Sale Offer in respect of an Asset Sale that has been consummated after a requirement to the terms of the Security Documents or as otherwise permitted by this Indenturemake an Asset Sale Offer has arisen.

Notwithstanding Section 9. 02(a), without the consent of each HolderHolder affected, an amendment, supplement or waiver, including a waiver pursuant to Section 6.04, may not:not (with respect to any Notes held by a non-consenting Holder): (1) reduce the principal amount of Securities Notes whose Holders must consent to an amendment, supplement or waiver; (2) reduce the principal of or change the fixed maturity of any Security Note or alter the provisions with respect to the redemption of the Securities Notes (other than than, subject to clause (8) below, the provisions of Section 4.11, Section 4.12 Sections 4.09 and Section 4.13); (3) reduce the rate of or change the time for payment of interest on any SecurityNote; (4) waive a Default or Event of Default in the payment of principalprincipal of, or interest or premium, or Additional Interest, if any any, on the Securities Notes (except a rescission of acceleration of the Securities Notes by the Holders of at least a majority in aggregate principal amount of the Securities Notes with respect to a nonpayment default and a waiver of the payment default that resulted from such acceleration); (5) make any Security Note payable in money other than that stated in the SecuritiesNotes; (6) make any change in the provisions of this Indenture relating to waivers of past Defaults or the rights of Holders to receive payments of principalprincipal of, or interest or premium, premium or Additional Interest, if any, on the SecuritiesNotes or impair the right of any Holder to institute suit for the enforcement of any payment on or with respect to such Holder’s Notes; (7) waive a redemption payment with respect to any Security Note (other than than, subject to clause (8) below, a payment required by one of the provisions of Section 4.11, Section 4.12 and 4.09 or Section 4.13); (8) amend, change or modify in any material respect the obligation of the Issuers or Holdings, as applicable, 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 in respect of an Asset Sale that has been consummated after a requirement to make an Asset Sale Offer has arisen; or (9) make any change in the preceding amendment and waiver provisions; (9) modify the Guarantees in any manner adverse to the Holders; or (10) release the security interest granted for the benefit of the Holders in the Collateral other than pursuant to the terms of the Security Documents or as otherwise permitted by this Indenture.

Notwithstanding Section 9. 02(a), without the consent of each HolderHolder affected, an amendment, supplement amendment or waiver, including waiver may not (with respect to any Notes held by a waiver pursuant to Section 6.04, may not:non-consenting Holder): (1) reduce the principal amount of Securities Notes whose Holders must consent to an amendment, supplement or waiver, including the waiver of Defaults or Events of Default, or to a rescission and cancellation of a declaration of acceleration of Notes; (2) reduce the principal rate of or change or have the fixed maturity effect of any Security or alter changing the provisions with respect to time for payment of interest, including Defaulted Interest, on the redemption of the Securities (other than provisions of Section 4.11, Section 4.12 and Section 4.13)Notes; (3) reduce the rate principal of or change or have the time for payment effect of interest changing the fixed maturity of the Notes, or change the date on any Securitywhich the Notes may be subject to redemption, or reduce the Redemption Price therefor; (4) waive a Default or Event of Default in make the payment of principal, or interest or premium, or Additional Interest, if any on the Securities (except a rescission of acceleration of the Securities by the Holders of at least a majority in aggregate principal amount of the Securities with respect to a nonpayment default and a waiver of the payment default that resulted from such acceleration); (5) make any Security Notes payable in money other than that stated in the SecuritiesNotes; (65) make any change in the provisions of this Indenture relating to waivers protecting the right of past Defaults or the rights of Holders each Holder to receive payments payment of principal, principal of and interest on the Notes on or after the due date thereof or to bring suit to enforce such payment; (6) waive a default in the payment of principal of or interest or premium, or Additional Interest, if any, on the SecuritiesNotes; provided that this clause (6) shall not limit the right of the Holders of a majority in aggregate principal amount of the Outstanding Notes to rescind and cancel a declaration of acceleration of the Notes following delivery of an acceleration notice as described under Section 6.02; (7) waive a redemption payment with respect contractually subordinate the Notes (or any related Guarantees) to any Security other Indebtedness; (other than a payment required by one 8) modify any of the provisions of Section 4.119.02 or Section 6.13, Section 4.12 and Section 4.13); (8) make except to increase any change such percentage or to provide that certain other provisions of this Indenture cannot be modified or waived without the consent of the Holder of Outstanding Notes affected thereby; provided, however, that this clause shall not be deemed to require the consent of any Holder with respect to changes in the preceding amendment references to “the Trustee” and waiver provisions;concomitant changes in this Section 9.02; or the deletion of this proviso, in accordance with the requirements of Section 7.11. (9) change the price payable by the Company for Notes repurchased pursuant to Sections 4.10 and 4.13 or after the occurrence of a Change of Control, modify the Guarantees or change in any manner adverse material respect the obligation of the Company to make and consummate a Change of Control Offer or modify any of the Holdersprovisions or definitions with respect thereto; or (10) release the security interest granted for the benefit any Guarantor that is a Significant Subsidiary from any of the Holders in the Collateral other than pursuant to the terms of the Security Documents its obligations under its Subsidiary Guarantee or this Indenture, except as otherwise permitted by this Indenture.;

Notwithstanding Section 9. 02(a)1.1, without the consent of each Holderholder of Notes affected, an amendment, supplement or waiver, including waiver may not (with respect to any Notes held by a waiver pursuant to Section 6.04, may not:non-consenting holder): (1a) reduce the principal amount of Securities Notes whose Holders holders must consent to an amendment, supplement or waiver; (2b) reduce the principal of or change the fixed maturity of any Security Note or alter the provisions with respect to the redemption of the Securities Notes (other than provisions of relating to the covenants described in Section 4.11, Section 4.12 4.15 and Section 4.13Article 12); (3c) reduce the rate of or change the time for payment of interest interest, including default interest, on any SecurityNote; (4d) waive a Default or Event of Default in the payment of principalprincipal of, or interest or premium, or Additional InterestAmounts, if any on any, on, the Securities Notes (except a rescission of acceleration of the Securities Notes by the Holders holders of at least a majority seventy five percent (75%) in aggregate principal amount of the Securities with respect to a nonpayment default Notes then outstanding and a waiver of the payment default that resulted from such acceleration); (5e) make any Security Note payable in money other than that stated in the SecuritiesNotes; (6f) make any change in the provisions of this Indenture relating to waivers of past Defaults or the rights of Holders holders of Notes to receive payments of principalprincipal of, or interest or premium, premium or Additional InterestAmounts, if any, on or interest on, the SecuritiesNotes; (7g) waive a redemption payment with respect to any Security (other than a payment required by one of the provisions of Section 4.11, Section 4.12 and Section 4.13)Note; (8) h) release any Guarantor from any of its obligations under its Note Guarantee or this Indenture, except in accordance with the terms of this Indenture; (i) release any Collateral or any Note Guarantee, except as provided in this Indenture and the Security Documents; or (j) make any change in the preceding amendment and waiver provisions; (9) modify the Guarantees in any manner adverse to the Holders; or (10) release the security interest granted for the benefit of the Holders in the Collateral other than pursuant to the terms of the Security Documents or as otherwise permitted by this Indenture.

Notwithstanding Section 9. 02(a), without the consent of each HolderHolder affected, an amendment, supplement or waiver, including a waiver pursuant to Section 6.04, may not:not (with respect to any Notes held by a non-consenting Holder): (1) reduce the principal amount of Securities Notes whose Holders must consent to an amendment, supplement or waiver; (2) reduce the principal of or change the fixed maturity of any Security Note or alter the provisions with respect to the redemption of the Securities Notes (other than than, subject to clause (11) below, the provisions of Section 4.11, Section 4.12 Sections 4.10 and Section 4.134.14); (3) reduce the rate of or change the time for payment of interest on any SecurityNote; (4) waive a Default or Event of Default in the payment of principal, or interest or premium, or Additional Interest, if any any, on the Securities Notes (except a rescission of acceleration of the Securities Notes by the Holders of at least a majority in aggregate principal amount of the Securities Notes with respect to a nonpayment default and a waiver of the payment default that resulted from such acceleration); (5) make any Security Note payable in money other than that stated in the SecuritiesNotes; (6) make any change in the provisions of this Indenture relating to waivers of past Defaults or the rights of Holders to receive payments of principalprincipal of, or interest or premium, premium or Additional Interest, if any, on the SecuritiesNotes; (7) waive a redemption payment with respect to any Security Note (other than than, subject to clause (11) below, a payment required by one of the provisions of Section 4.11, 4.10 or Section 4.12 and Section 4.134.14); (8) make any change in the preceding amendment and waiver provisions; (9) impair the right of any Holder of the Notes to receive payment of principal of and interest on such Holder’s Notes on or after the due dates therefor or to institute suit for the enforcement of any payment on or with respect to such Holder’s Notes; (10) modify the Guarantees in any manner adverse to the Holders; (11) 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 in respect of an Asset Sale that has been consummated after a requirement to make an Asset Sale Offer has arisen; or (1012) release make any change that would result in a novation or rescission of the security interest granted Notes under the laws governing the Notes, a disposition of the Notes or the creation of a new obligation for the benefit purposes of the Holders in the Collateral other than pursuant to the terms of the Security Documents or as otherwise permitted by this IndentureIncome Tax Act (Canada).

Notwithstanding Section 9. 02(a), without the consent of each HolderHolder affected thereby, an amendment, supplement no amendment or waiver, including a waiver pursuant to Section 6.04, may notmay: (1i) change the Stated Maturity of the principal of, or any installment of interest on, any Note; (ii) reduce the principal amount of Securities whose Holders must consent to an amendmentof, supplement or waiverpremium, if any, or interest on, any Note; (2iii) change the place of payment of principal of, or premium, if any, or interest on, any Note; (iv) impair the right to institute suit for the enforcement of any payment on or after the Stated Maturity (or, in the case of a redemption, on or after the redemption date) of any Note; (v) reduce the principal above-stated percentages of outstanding Notes the consent of whose Holders is necessary to modify or change the fixed maturity of any Security or alter the provisions with respect to the redemption of the Securities (other than provisions of Section 4.11, Section 4.12 and Section 4.13)amend this Indenture; (3) reduce the rate of or change the time for payment of interest on any Security; (4vi) waive a Default or Event of Default default in the payment of principalprincipal of, premium, if any, or interest or premium, or Additional Interest, if any on the Securities Notes (except a rescission of the declaration of acceleration of the Securities Notes by the Holders of at least a majority in aggregate principal amount of the Securities with respect to a nonpayment default Notes then outstanding and a waiver of the payment default that resulted from such acceleration, so long as all other existing Events of Default, other than the nonpayment of the principal of, premium, if any, and interest on the Notes that have become due solely by such declaration of acceleration, have been cured or waived); (5vii) make any Security payable in money other than that stated in voluntarily release a Guarantor of the SecuritiesNotes, except as permitted by this Indenture; (6viii) make any change in reduce the percentage or aggregate principal amount of outstanding Notes the consent of whose Holders is necessary, pursuant to Sections 6.02 and 6.04, for waiver of compliance with certain provisions of this Indenture relating to waivers or for waiver of past Defaults or the rights of Holders to receive payments of principal, or interest or premium, or Additional Interest, if any, on the Securities;certain defaults; or (7ix) waive a redemption payment with respect to modify or change any Security (other than a payment required by one provisions of this Indenture affecting the ranking of the provisions Notes as to right of Section 4.11, Section 4.12 and Section 4.13); (8) make payment or any change in the preceding amendment and waiver provisions; (9) modify the Guarantees Guaranty thereof in any manner adverse to the Holders; or (10) release the security interest granted for the benefit Holders of the Holders in the Collateral other than pursuant to the terms of the Security Documents or as otherwise permitted by this IndentureNotes.

Notwithstanding Section 9. 02(a), without the consent of each HolderHolder affected thereby, an amendment, supplement no amendment or waiver, including a waiver pursuant to Section 6.04, may notmay: (1i) change the Stated Maturity of the principal of, or any installment of interest on, any Note; (ii) reduce the principal amount of Securities whose Holders must consent to an amendmentof, supplement or waiverpremium, if any, or interest on, any Note; (2iii) change the place of payment of principal of, or premium, if any, or interest on, any Note; (iv) impair the right to institute suit for the enforcement of any payment on or after the Stated Maturity (or, in the case of a redemption, on or after the redemption date) of any Note; (v) reduce the principal above-stated percentages of outstanding Notes the consent of whose Holders is necessary to modify or change the fixed maturity of any Security or alter the provisions with respect to the redemption of the Securities (other than provisions of Section 4.11, Section 4.12 and Section 4.13)amend this Indenture; (3) reduce the rate of or change the time for payment of interest on any Security; (4vi) waive a Default or Event of Default default in the payment of principalprincipal of, premium, if any, or interest or premium, or Additional Interest, if any on the Securities Notes (except a rescission of the declaration of acceleration of the Securities Notes by the Holders of at least a majority in aggregate principal amount of the Securities with respect to a nonpayment default Notes then outstanding and a waiver of the payment default that resulted from such acceleration, so long as all other existing Events of Default, other than the nonpayment of the principal of, premium, if any, and interest on the Notes that have become due solely by such declaration of acceleration, have been cured or waived); (5vii) make any Security payable in money other than that stated in voluntarily release a Guarantor of the SecuritiesNotes, except as permitted by this Indenture; (6viii) make any change in reduce the percentage or aggregate principal amount of outstanding Notes the consent of whose Holders is necessary, pursuant to Sections 6.02 and 6.04, for waiver of compliance with certain provisions of this Indenture relating or for waiver of certain defaults; or (ix) modify or change any provisions of this Indenture affecting the ranking of the Notes as to waivers right of past Defaults payment or the rights of Holders to receive payments of principal, or interest or premium, or Additional Interest, if any, on the Securities; (7) waive a redemption payment with respect to any Security (other than a payment required by one of the provisions of Section 4.11, Section 4.12 and Section 4.13); (8) make any change in the preceding amendment and waiver provisions; (9) modify the Guarantees Guaranties thereof in any manner adverse to the Holders; or (10) release the security interest granted for the benefit Holders of the Holders in the Collateral other than pursuant to the terms of the Security Documents or as otherwise permitted by this IndentureNotes.