Common use of Powers Exercisable Notwithstanding Event of Default Clause in Contracts

Powers Exercisable Notwithstanding Event of Default. In case a Default or Event of Default shall have occurred and shall be continuing, the Company may do any of the things enumerated in Sections 13.02, 13.03 and 13.04, if the Trustee in its discretion, or the Holders of 66 2/3% in aggregate principal amount of the Notes outstanding, by appropriate action of such Holders, shall consent to such action, in which event any certificate filed under any of such Sections shall omit the statement to the effect that no Event of Default has occurred and is continuing; provided that, without the consent of the Trustee, no consent pursuant to this Section shall deprive the Trustee of its rights under paragraph FIRST of Section 6.10. This Section 13.05 shall not apply, however, during the continuance of an Event of Default of the type specified in Section 6.01(h) with respect to the Notes.

Powers Exercisable Notwithstanding Event of Default. In case a Default or Event of Default shall have occurred and shall be continuing, the Company may do any of the things enumerated in Sections 13.02, 13.03 and 13.04, if the Trustee in its discretion, or the Holders of 66 2/3% in aggregate principal amount of the Notes outstanding, by appropriate action of such Holders, shall consent to such action, in which event any certificate filed under any of such Sections shall omit the statement to the effect that no Event of Default has occurred and is continuing; provided PROVIDED that, without the consent of the Trustee, no consent pursuant to this Section shall deprive the Trustee of its rights under paragraph FIRST of Section 6.10. This Section 13.05 shall not apply, however, during the continuance of an Event of Default of the type specified in Section 6.01(h) with respect to the Notes.