Common use of Powers of Special Warrantholders Clause in Contracts

Powers of Special Warrantholders. By Extraordinary Resolution passed pursuant to this Article 6, the Special Warrantholders may: (a) agree to any modification, abrogation, alteration, compromise, or arrangement of the rights of the Special Warrantholders whether arising under this Special Warrant Indenture, or otherwise at law, including the rights of the Special Warrant Agent in its capacity as special warrant agent hereunder, subject to the consent of the Special Warrant Agent (such consent not to be unreasonably withheld), or on behalf of the Special Warrantholders against the Corporation, which has been agreed to by the Corporation; (b) direct and authorize the Special Warrant Agent to exercise any power, right, remedy or authority given to it by or under this Special Warrant Indenture in the manner specified in such resolution or to refrain from exercising any such power, right, remedy, or authority; (c) assent to any change in or omission from the provisions contained in this Special Warrant Indenture or the Special Warrant Certificates or any ancillary or supplemental instrument which is agreed to by the Corporation, or, with the consent of the Special Warrant Agent (such consent not to be unreasonably withheld), concerning any right of the Special Warrant Agent, and to authorize the Special Warrant Agent to concur in and execute any ancillary or supplemental indenture embodying the change or omission; (d) without limiting the generality of Sections 6.13(a) and (f), assent to an extension of time thereunder; (e) with the consent of the Corporation, remove the Special Warrant Agent or its successor in office and to appoint a new registrar and agent to take the place of the Special Warrant Agent so removed; (f) upon the Special Warrant Agent being furnished with funding and an indemnity that is, in its discretion, sufficient, require the Special Warrant Agent to enforce any covenant or obligation of the Corporation contained in this Special Warrant Indenture or the Special Warrant Certificates, or to enforce any right of the Special Warrantholders in any manner specified in such Extraordinary Resolution, or to refrain from enforcing any such covenant, obligation or right; (g) restrain any Special Warrantholder from instituting or continuing any suit or proceeding against the Corporation for the enforcement of a covenant on the part of the Corporation contained in this Special Warrant Indenture or any of the rights conferred upon the Special Warrantholders as set out in this Special Warrant Indenture or the Special Warrant Certificates; (h) direct a Special Warrantholder who, as such, has brought a suit, action or proceeding to stay or discontinue or otherwise deal with the same upon payment of the costs, charges, and expenses reasonably and properly incurred by such Special Warrantholder in connection therewith; (i) subject to subsection 11.4 of this Special Warrant Indenture, waive and direct the Special Warrant Agent to waive a default by the Corporation in complying with any of the provisions of this Special Warrant Indenture or the Special Warrant Certificate either unconditionally or upon anyconditions specified in such Extraordinary Resolution; (j) assent to a compromise or arrangement with a creditor or creditors or a class or classes of creditors, whether secured or otherwise, and with holders of any shares or other securities of the Corporation; (k) appoint a committee with power and authority to exercise, and to direct the Special Warrant Agent to exercise, on behalf of the Special Warrantholders, such of the powers of the Special Warrantholders as are exercisable by Extraordinary Resolution; or (l) amend, alter, or repeal any Extraordinary Resolution previously passed pursuant to this Section 6.13.

Powers of Special Warrantholders. By Extraordinary Resolution passed pursuant to this Article 65, the Special Warrantholders may: (a) agree to any modification, abrogation, alteration, compromise, or arrangement of the rights of the Special Warrantholders whether arising under this Special Warrant Indenture, or otherwise at law, including the rights of the Special Warrant Agent in its capacity as special warrant agent hereunder, subject to the consent of the Special Warrant Agent (such consent not to be unreasonably withheld)Agent, or on behalf of the Special Warrantholders against the Corporation, which has been agreed to by the Corporation; (b) direct and authorize the Special Warrant Agent to exercise any power, right, remedy or authority given to it by or under this Special Warrant Indenture in the manner specified in such resolution or to refrain from exercising any such power, right, remedy, or authority; (c) direct the Special Warrant Agent to enforce any covenant or obligation on the part of the Corporation contained in this Special Warrant Indenture or to waive any default by the Corporation in compliance with any provision of this Special Warrant Indenture either unconditionally or upon any conditions specified in such resolution; (d) assent to any change in or omission from the provisions contained in this Special Warrant Indenture or the Special Warrant Certificates or any ancillary or supplemental instrument which is agreed to by the Corporation, or, with the consent of the Special Warrant Agent (such consent not to be unreasonably withheld), concerning any right of the Special Warrant Agent, and to authorize the Special Warrant Agent to concur in and execute any ancillary or supplemental indenture embodying the change or omission; (de) without limiting the generality of Sections 6.13(a5.13(a) and (fc), assent to an extension of time thereunder; (ef) with the consent of the Corporation, remove the Special Warrant Agent or its successor in office and to appoint a new registrar and agent to take the place of the Special Warrant Agent so removed; (fg) upon the Special Warrant Agent being furnished with funding and an indemnity that is, in its discretion, sufficient, require the Special Warrant Agent to enforce any covenant or obligation of the Corporation contained in this Special Warrant Indenture or the Special Warrant Certificates, or to enforce any right of the Special Warrantholders in any manner specified in such Extraordinary Resolution, or to refrain from enforcing any such covenant, obligation covenant or right; (gh) restrain any Special Warrantholder from instituting or continuing any suit or proceeding against the Corporation for the enforcement of a covenant on the part of the Corporation contained in this Special Warrant Indenture or any of the rights conferred upon the Special Warrantholders as set out in this Special Warrant Indenture or the Special Warrant Certificates; (hi) direct a Special Warrantholder who, as such, has brought a suit, action or proceeding to stay or discontinue or otherwise deal with the same upon payment of the costs, charges, and expenses reasonably and properly incurred by such Special Warrantholder in connection therewith; (ij) subject to subsection 11.4 10.4 of this Special Warrant Indenture, waive and direct the Special Warrant Agent to waive a default by the Corporation in complying with any of the provisions of this Special Warrant Indenture or the Special Warrant Certificate either unconditionally or upon anyconditions any conditions specified in such Extraordinary Resolution; (jk) assent to a compromise or arrangement with a creditor or creditors or a class or classes of creditors, whether secured or otherwise, and with holders of any shares or other securities of the Corporation; (k) appoint a committee with power and authority to exercise, and to direct the Special Warrant Agent to exercise, on behalf of the Special Warrantholders, such of the powers of the Special Warrantholders as are exercisable by Extraordinary Resolution; or (l) amend, alter, or repeal any Extraordinary Resolution previously passed pursuant to this Section 6.135.13.

Powers of Special Warrantholders. By Extraordinary Resolution passed pursuant to this Article 65, the Special Warrantholders may: (a) agree to any modification, abrogation, alteration, compromise, or arrangement of the rights of the Special Warrantholders whether arising under this Special Warrant Indenture, or otherwise at law, including the rights of the Special Warrant Agent in its capacity as special warrant agent hereunder, subject to the consent of the Special Warrant Agent (such consent not to be unreasonably withheld), or on behalf of the Special Warrantholders against the Corporation, which has been agreed to by the Corporation; (b) direct and authorize the Special Warrant Agent to exercise any power, right, remedy or authority given to it by or under this Special Warrant Indenture in the manner specified in such resolution or to refrain from exercising any such power, right, remedy, or authority; (c) direct the Special Warrant Agent to enforce any covenant or obligation on the part of the Corporation contained in this Special Warrant Indenture or to waive any default by the Corporation in compliance with any provision of this Special Warrant Indenture either unconditionally or upon any conditions specified in such resolution; (d) assent to any change in or omission from the provisions contained in this Special Warrant Indenture or the Special Warrant Certificates or any ancillary or supplemental instrument which is agreed to by the Corporation, or, with the consent of the Special Warrant Agent (such consent not to be unreasonably withheld), concerning any right of the Special Warrant Agent, and to authorize the Special Warrant Agent to concur in and execute any ancillary or supplemental indenture embodying the change or omission; (de) without limiting the generality of Sections 6.13(a5.13(a) and (fc), assent to an extension of time thereunder; (ef) with the consent of the Corporation, remove the Special Warrant Agent or its successor in office and to appoint a new registrar and agent to take the place of the Special Warrant Agent so removed; (fg) upon the Special Warrant Agent being furnished with funding and an indemnity that is, in its discretion, sufficient, require the Special Warrant Agent to enforce any covenant or obligation of the Corporation contained in this Special Warrant Indenture or the Special Warrant Certificates, or to enforce any right of the Special Warrantholders in any manner specified in such Extraordinary Resolution, or to refrain from enforcing any such covenant, obligation or right; (gh) restrain any Special Warrantholder from instituting or continuing any suit or proceeding against the Corporation for the enforcement of a covenant on the part of the Corporation contained in this Special Warrant Indenture or any of the rights conferred upon the Special Warrantholders as set out in this Special Warrant Indenture or the Special Warrant Certificates; (hi) direct a Special Warrantholder who, as such, has brought a suit, action or proceeding to stay or discontinue or otherwise deal with the same upon payment of the costs, charges, and expenses reasonably and properly incurred by such Special Warrantholder in connection therewith; (ij) subject to subsection 11.4 10.4 of this Special Warrant Indenture, waive and direct the Special Warrant Agent to waive a default by the Corporation in complying with any of the provisions of this Special Warrant Indenture or the Special Warrant Certificate either unconditionally or upon anyconditions any conditions specified in such Extraordinary Resolution; (jk) assent to a compromise or arrangement with a creditor or creditors or a class or classes of creditors, whether secured or otherwise, and with holders of any shares or other securities of the Corporation; (k) appoint a committee with power and authority to exercise, and to direct the Special Warrant Agent to exercise, on behalf of the Special Warrantholders, such of the powers of the Special Warrantholders as are exercisable by Extraordinary Resolution; or (l) amend, alter, or repeal any Extraordinary Resolution previously passed pursuant to this Section 6.135.13.

Powers of Special Warrantholders. ‌ By Extraordinary Resolution passed pursuant to this Article 6, the Special Warrantholders may: (a) agree to any modification, abrogation, alteration, compromise, or arrangement of the rights of the Special Warrantholders whether arising under this Special Warrant Indenture, or otherwise at law, including the rights of the Special Warrant Agent in its capacity as special warrant agent hereunder, subject to the consent of the Special Warrant Agent (such consent not to be unreasonably withheld), trustee hereunder or on behalf of the Special Warrantholders against the CorporationCompany, which has been agreed to by the Corporation;Company;‌ (b) direct and authorize the Special Warrant Agent to exercise any discretion, power, right, remedy or authority given to it by or under this Special Warrant Indenture in the manner specified in such resolution or to refrain from exercising any such discretion, power, right, remedy, or authority; (c) direct the Special Warrant Agent to enforce any covenant or obligation on the part of the Company contained in this Indenture or to waive any default by the Company in compliance with any provision of this Indenture either unconditionally or upon any conditions specified in such resolution; (d) assent to any change in or omission from the provisions contained in this Special Warrant Indenture or the Special Warrant Certificates or any ancillary or supplemental instrument which is agreed to by the Corporation, or, with the consent of the Special Warrant Agent (such consent not to be unreasonably withheld), concerning any right of the Special Warrant AgentCompany, and to authorize the Special Warrant Agent to concur in and execute any ancillary or supplemental indenture embodying the change or omission;omission;‌ (de) without limiting the generality of Sections 6.13(a) and (f6.13(d), assent to an extension of time thereunder; (ef) with the consent of the Corporation, remove the Special Warrant Agent or its successor in office and to appoint a new special warrant agent, registrar and agent trustee to take the place of the Special Warrant Agent so removed; (fg) upon the Special Warrant Agent being furnished with funding and an indemnity that is, in its discretion, sufficient, require the Special Warrant Agent to enforce any covenant or obligation of the Corporation Company contained in this Special Warrant Indenture or the Special Warrant Certificates, or to enforce any right of the Special Warrantholders in any manner specified in such Extraordinary Resolution, or to refrain from enforcing any such covenant, obligation covenant or right; (gh) restrain any Special Warrantholder from instituting or continuing any suit or proceeding against the Corporation Company for the enforcement of a covenant on the part of the Corporation Company contained in this Special Warrant Indenture or any of the rights conferred upon the Special Warrantholders as set out in this Special Warrant Indenture or the Special Warrant Certificates; (hi) direct a Special Warrantholder who, as such, has brought a suit, action or proceeding to stay or discontinue or otherwise deal with the same upon payment of the costs, charges, and expenses reasonably and properly incurred by such Special Warrantholder in connection therewith; (ij) subject to subsection 11.4 of this Special Warrant Indenture, waive and direct the Special Warrant Agent to waive a default by the Corporation Company in complying with any of the provisions of this Special Warrant Indenture or the Special Warrant Certificate either unconditionally or upon anyconditions any conditions specified in such Extraordinary Resolution; (jk) assent to a compromise or arrangement with a creditor or creditors or a class or classes of creditors, whether secured or otherwise, and with holders of any shares or other securities of the Corporation; (k) appoint a committee with power and authority to exercise, and to direct the Special Warrant Agent to exercise, on behalf of the Special Warrantholders, such of the powers of the Special Warrantholders as are exercisable by Extraordinary ResolutionCompany; or (l) amend, alter, or repeal any Extraordinary Resolution previously passed pursuant to this Section 6.13.