Purposes for Which Supplemental Indentures May be Entered Into Without Consent of Securityholders. Without the consent of the Holders of any Securities, the Company and the Trustee may from time to time and at any time enter into an indenture or indentures supplemental hereto (which shall comply with the provisions of the Trust Indenture Act as then in effect) for one or more of the following purposes: (a) to convey, transfer, assign, mortgage or pledge to the Trustee as security for the Securities of one or more series any property or assets; (b) if deemed appropriate by the Company or required by law, to evidence the succession of another Company to the Company or successive successions and the assumption by the successor Company of the covenants, agreements and obligations of the Company pursuant to Article Four hereof; (c) to add to the covenants of the Company such further covenants, restrictions or conditions as its Board of Directors and the Trustee shall consider to be for the protection of the Holders of all or any series of Securities (and if such covenants, restrictions or conditions are to be for the benefit of less than all series of Securities, stating that such covenants, restrictions or conditions are expressly being included solely for the benefit of such series), and to make the occurrence, or the occurrence and continuance, of a default in any such additional covenants, restrictions or conditions an Event of Default permitting the enforcement of all or any of the several remedies provided in this Indenture as herein set forth; provided, however, that in respect to any such additional covenant, restriction or condition such Supplemental Indenture may provide for a particular period of grace after default (which period may be shorter or longer than that allowed in the case of other defaults) or may provide for an immediate enforcement upon such default or may limit the remedies available to the Trustee upon such default; (d) to add or change any of the provisions of this Indenture to such extent as shall be necessary to facilitate the issuance of Securities in (i) global form or (ii) bearer form, registerable or not registerable as to principal or principal and interest, and with or without coupons; (e) to change or eliminate any of the provisions of this Indenture; provided, however, that any such change or elimination shall become effective only when there is no Security of any series Outstanding created prior to the execution of such Supplemental Indenture which is entitled to the benefit of such provision; (f) to establish the form or terms of Securities of any series as permitted by Sections 2.01 and 2.03; (g) to appoint, at the request of the Trustee, a successor Trustee for a particular series of Securities to act as such pursuant to the provisions of this Indenture and to add to or change the provisions of this Indenture to such extent as shall be necessary to facilitate the performance of the duties of such trustee; and (h) to cure any ambiguity or to correct or supplement any provisions contained herein or in any Supplemental Indenture which may be defective or inconsistent with any other provision contained herein or in any Supplemental Indenture, or to make such other provisions in regard to matters or questions arising under this Indenture or any Supplemental Indenture which shall not adversely affect the interests of the Holders of the Securities.
Appears in 7 contracts
Samples: Senior Indenture (Achieve Life Sciences, Inc.), Senior Indenture (Biolife Solutions Inc), Senior Indenture (Oncogenex Pharmaceuticals, Inc.)
Purposes for Which Supplemental Indentures May be Entered Into Without Consent of Securityholders. Without the consent of the Holders of any Securities, the Company and the Trustee may from time to time and at any time enter into an indenture or indentures supplemental hereto (which shall comply with the provisions of the Trust Indenture Act as then in effect) for one or more of the following purposes:
(a) to convey, transfer, assign, mortgage or pledge to the Trustee as security for the Securities of one or more series any property or assets;
(b) if deemed appropriate by the Company or required by law, to evidence the succession of another Company to the Company or successive successions and the assumption by the successor Company of the covenants, agreements and obligations of the Company pursuant to Article Four hereof;
(c) to add to the covenants of the Company such further covenants, restrictions or conditions as its Board of Directors and the Trustee shall consider to be for the protection of the Holders of all or any series of Securities or Coupons (and if such covenants, restrictions or conditions are to be for the benefit of less than all series of Securities, stating that such covenants, restrictions or conditions are expressly being included solely for the benefit of such series), and to make the occurrence, or the occurrence and continuance, of a default in any such additional covenants, restrictions or conditions an Event of Default permitting the enforcement of all or any of the several remedies provided in this Indenture as herein set forth; provided, however, that in respect to any such additional covenant, restriction or condition such Supplemental Indenture may provide for a particular period of grace after default (which period may be shorter or longer than that allowed in the case of other defaults) or may provide for an immediate enforcement upon such default or may limit the remedies available to the Trustee upon such default;
(d) to add or change any of the provisions of this Indenture to such extent as shall be necessary to facilitate the issuance of Securities in (i) global form or (ii) bearer form, registerable or not registerable as to principal or principal and interest, and with or without coupons;
(e) to change or eliminate any of the provisions of this Indenture; provided, however, that any such change or elimination shall become effective only when there is no Security of any series Outstanding created prior to the execution of such Supplemental Indenture which is entitled to the benefit of such provision;
(f) to establish the form or terms of Securities of any series or the Coupons appertaining to such Securities as permitted by Sections 2.01 and 2.03;
(g) to appoint, at the request of the Trustee, a successor Trustee for a particular series of Securities to act as such pursuant to the provisions of this Indenture and to add to or change the provisions of this Indenture to such extent as shall be necessary to facilitate the performance of the duties of such trustee; and
(h) to cure any ambiguity or to correct or supplement any provisions contained herein or in any Supplemental Indenture which may be defective or inconsistent with any other provision contained herein or in any Supplemental Indenture, or to make such other provisions in regard to matters or questions arising under this Indenture or any Supplemental Indenture which shall not adversely affect the interests of the Holders of the SecuritiesSecurities or Coupons.
Appears in 5 contracts
Samples: Senior Indenture (Covad Communications Group Inc), Senior Indenture (Handspring Inc), Senior Indenture (Lexar Media Inc)
Purposes for Which Supplemental Indentures May be Entered Into Without Consent of Securityholders. Without the consent of the Holders of any Securities, the Company Company, the Guarantor and the Trustee may from time to time and at any time enter into an indenture one or indentures supplemental hereto more Supplemental Indentures (which shall comply with the provisions of the Trust Indenture Act of 1939 as then in effect) for one or more of the following purposes:
(a) to convey, transfer, assign, mortgage or pledge to the Trustee as security for the Securities of one or more series any property or assets;
(b) if deemed appropriate by the Company or the Guarantor, as the case may be, or required by law, to evidence the succession of another Company corporation to the Company or to the Guarantor or respective successive successions and the assumption by the successor Company corporation of the covenants, agreements and obligations of the Company or the Guarantor pursuant to Article Articles Four and Eleven hereof;,
(cb) to add to the covenants of the Company or the Guarantor such further covenants, restrictions or conditions as its Board their Boards of Directors Directors, respectively, and the Trustee shall consider to be for the protection of the Holders of all or any series Series of Securities (and if such covenants, restrictions or conditions are to be for the benefit of less than all series Series of Securities, stating that such covenants, restrictions or conditions are expressly being included solely for the benefit of such seriesSeries), and to make the occurrence, or the occurrence and continuance, of a default in any such additional covenants, restrictions or conditions a default or an Event of Default permitting the enforcement of all or any of the several remedies provided in this Indenture as herein set forth; provided, however, that in respect to any such additional covenant, restriction or condition such Supplemental Indenture may provide for a particular period of grace after default (which period may be shorter or longer than that allowed in the case of other defaults) or may provide for an immediate enforcement upon such default or may limit the remedies available to the Trustee upon such default;,
(dc) to add or change any of the provisions of this Indenture to such extent as shall be necessary to facilitate the issuance of Securities in (i) global form or (ii) bearer form, registerable or not registerable as to principal or principal and interest, and with or without coupons;,
(ed) to change or eliminate any of the provisions of this Indenture; provided, however, that any such change or elimination shall become effective only when there is no Security of any series Series Outstanding created prior to the execution of such Supplemental Indenture which is entitled to the benefit of such provision;,
(fe) to establish the form or terms of Securities of any series Series as permitted by Sections 2.01 and 2.03;2.02,
(gf) to appoint, at the request of the Trustee, a successor Trustee for a particular series Series of Securities to act as such pursuant to the provisions of this Indenture and to add to or change the provisions of this Indenture to such extent as shall be necessary to facilitate the performance of the duties of such trustee; successor Trustee and
(hg) to cure any ambiguity or to correct or supplement any provisions contained herein or in any Supplemental Indenture which may be defective or inconsistent with any other provision contained herein or in any Supplemental Indenture, or to make such other provisions in regard to matters or questions arising under this Indenture or any Supplemental Indenture which shall not adversely affect the interests of the Holders of the SecuritiesSecurities at the time Outstanding.
Appears in 3 contracts
Samples: Indenture (Chevron Funding Corp), Indenture (Chevron Canada Capital Co), Indenture (Chevron Canada Capital Co)
Purposes for Which Supplemental Indentures May be Entered Into Without Consent of Securityholders. Without the consent The Company, when authorized by a resolution of the Holders its Board of any SecuritiesDirectors, the Company and the Trustee may from time to time and at any time enter into an indenture or indentures supplemental hereto (which shall comply with the provisions of the Trust Indenture Act of 1939 as then in effect) for one or more of the following purposes:
(a) to convey, transfer, assign, mortgage or pledge to the Trustee as security for the Securities of one or more series any property or assets;
(b) if deemed appropriate by the Company or required by law, to evidence the succession of another Company entity to the Company Company, or successive successions successions, and the assumption by the successor Company entity of the covenants, agreements and obligations of the Company pursuant to Article Four hereofTen;
(cb) to add to the covenants of the Company such further covenants, restrictions or conditions as its Board of Directors and the Trustee shall consider to be for the protection of the Holders holders of all or any series of the Securities (and and, if such covenants, restrictions or conditions covenants are to be for the benefit of less than all series of Securities, Securities stating that such covenants, restrictions or conditions covenants are expressly being included solely for the benefit of such series), and to make the occurrence, or the occurrence and continuance, of a default in any of such additional covenants, restrictions or conditions an Event of Default permitting the enforcement of all or any of the several remedies provided in this Indenture as herein set forth; provided, however, that in respect to of any such additional covenant, restriction or condition such Supplemental Indenture supplemental indenture may provide for a particular period of grace after default (which period may be shorter or longer than that allowed in the case of other defaults) or may provide for an immediate enforcement upon such default Event of Default or may limit the remedies available to the Trustee upon such defaultEvent of Default or may limit the right of the holders of a majority in aggregate principal amount of the Securities of such series to waive such an Event of Default;
(d) to add or change any of the provisions of this Indenture to such extent as shall be necessary to facilitate the issuance of Securities in (i) global form or (ii) bearer form, registerable or not registerable as to principal or principal and interest, and with or without coupons;
(e) to change or eliminate any of the provisions of this Indenture; provided, however, that any such change or elimination shall become effective only when there is no Security of any series Outstanding created prior to the execution of such Supplemental Indenture which is entitled to the benefit of such provision;
(f) to establish the form or terms of Securities of any series as permitted by Sections 2.01 and 2.03;
(g) to appoint, at the request of the Trustee, a successor Trustee for a particular series of Securities to act as such pursuant to the provisions of this Indenture and to add to or change the provisions of this Indenture to such extent as shall be necessary to facilitate the performance of the duties of such trustee; and
(hc) to cure any ambiguity or to correct or supplement any provisions provision contained herein or in any Supplemental Indenture which supplemental indenture that may be defective or inconsistent with any other provision contained herein or in any Supplemental Indenturesupplemental indenture, or to make such other provisions in regard to matters or questions arising under this Indenture or any Supplemental Indenture which supplemental indenture as shall not adversely affect the interests of the Holders holders of the Securities;
(d) to provide for the issuance under this Indenture of Securities, whether or not then outstanding, in coupon form (including Securities registrable as to principal only) and to provide for exchangeability of such Securities with Securities issued hereunder in fully registered form and to make all appropriate changes for such purpose;
(e) to establish the form or terms and to provide for the issuance of Securities of any series as permitted by Sections 2.01 and 2.03; and
(f) to evidence and provide for the acceptance of appointment hereunder by a successor trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one trustee. The Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained and to accept the conveyance, transfer or assignment of any property thereunder, provided that if any such supplemental indenture affects the Trustee's own rights, duties or immunities under this Indenture or otherwise, the Trustee may in its discretion, but shall not be obligated to, enter into such supplemental indenture. Any supplemental indenture authorized by the provisions of this Section 9.01 may be executed by the Company and the Trustee without the consent of the holders of any of the Securities at the time outstanding, notwithstanding any of the provisions of Section 9.02.
Appears in 1 contract
Samples: Indenture (Southwest Airlines Co)
Purposes for Which Supplemental Indentures May be Entered Into Without Consent of Securityholders. Without the consent of the Holders of any SecuritiesSecurityholders, the Company Corporation and the Trustee Trustees may from time to time time, and at any time enter into an indenture or indentures supplemental hereto hereto, in form satisfactory to such Trustees (which shall comply with the provisions of the Trust Indenture Act Legislation as then in effect) ), for one or more of the following purposes:
(a) to convey, transfer, assign, mortgage or pledge to the Trustee as security for the Securities of one or more series any property or assets;
(b) if deemed appropriate by the Company or required by law, to To evidence the succession of another Company Person to the Company Corporation, or successive successions successions, and the assumption by the successor Company of the covenants, agreements and obligations of the Company Corporation pursuant to Article Four XI hereof;
(cb) to To add to the covenants of the Company Corporation such further covenants, restrictions or conditions as its Board of Directors and the Trustee Corporation in good faith shall consider to be for the protection of the Holders holders of all or any series of Securities (and if such covenants, restrictions or conditions are to be for the benefit of less than all series of Securities, stating that such covenants, restrictions or conditions are expressly being included solely for the benefit of such series), and to make the occurrence, or the occurrence and continuance, of a default in any such additional covenants, restrictions or conditions a default or an Event of Default permitting the enforcement of all or any of the several remedies provided in this Indenture as herein set forth; provided, however, that in respect to any such additional covenant, restriction or condition such Supplemental Indenture supplemental indenture may provide for a particular period of grace after default (which period may be shorter or longer than that allowed in the case of other defaults) or may provide for an immediate enforcement upon such default or may limit the remedies available to the Trustee Trustees upon such default;
(dc) to add or change any of the provisions of this Indenture to such extent as shall be necessary to facilitate the issuance of Securities in (i) global form or (ii) bearer form, registerable or not registerable as to principal or principal and interest, and with or without coupons;
(e) to To change or eliminate any of the provisions of this Indenture; provided, however, that any such change or elimination shall become effective only when there is no Security of any series Outstanding outstanding created prior to the execution of such Supplemental Indenture supplemental indenture which is entitled to the benefit of such provision;
(fd) to To establish the form or terms of Securities of any series as permitted by Sections 2.01 Section 2.1 and 2.032.2;
(e) As determined by the Corporation in good faith, to cure any ambiguity or to correct or supplement any provision contained herein or in any supplemental indenture which may be defective or inconsistent with any other provisions contained herein or in any supplemental indenture;
(f) To make such other provision in regard to matters or questions arising under this Indenture or any supplemental indenture or to make any other changes in the provisions of this Indenture; provided, however, that such action shall not adversely affect the interest of the holders of Securities of any series in any material respect;
(g) To mortgage or pledge to appointthe Trustees as security for the Securities any property or assets;
(h) To qualify, at or maintain the request qualification of, the Indenture under the Trust Indenture Legislation;
(i) To comply with the requirements of Canadian laws applicable to the Trustee, Indenture;
(j) To evidence and provide for the acceptance of appointment hereunder by a successor Trustee for a particular series of Securities to act as such pursuant with respect to the provisions of this Indenture Securities and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one trustee, all as provided in Section 7.11; or
(k) To supplement any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the performance defeasance and discharge of the duties any series of Securities pursuant to Section 12.5, provided that any such trustee; and
(h) to cure any ambiguity or to correct or supplement any provisions contained herein or in any Supplemental Indenture which may be defective or inconsistent with any other provision contained herein or in any Supplemental Indenture, or to make such other provisions in regard to matters or questions arising under this Indenture or any Supplemental Indenture which action shall not adversely affect the interests of any holder of a Security of such series or any other Security or coupon in any material respect. The Trustees are hereby authorized to join with the Holders Corporation in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations which may be therein contained and to accept the conveyance, transfer, mortgage, pledge or assignment of any property thereunder, but the Trustees shall not be obligated to enter into any such supplemental indenture which affects the Trustees’ own rights, duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section may be executed by the Corporation and the Trustees without the consent of the Securitiesholders of any of the Securities at the time outstanding, notwithstanding any of the provisions of Section 10.2.
Appears in 1 contract
Samples: Senior Indenture (Algonquin Power & Utilities Corp.)
Purposes for Which Supplemental Indentures May be Entered Into Without Consent of Securityholders. Without the consent of the Holders any Securityholders or any holders of any Preferred Securities, the Company Company, when authorized by a Resolution of the Company, and the Trustee may from time to time time, and at any time enter into an indenture or indentures supplemental hereto hereto, in form satisfactory to such Trustee (which shall comply with the provisions of the Trust Indenture Act of 1939 as then in effect) ), for one or more of the following purposes:
(a) to convey, transfer, assign, mortgage or pledge to the Trustee as security for the Securities of one or more series any property or assets;
(b) if deemed appropriate by the Company or required by law, to To evidence the succession of another Company corporation to the Company Company, or successive successions successions, and the assumption by the successor Company corporation of the covenants, agreements and obligations of the Company pursuant to Article Four Eleven hereof;
(cb) to To add to the covenants of the Company such further covenants, restrictions or conditions as its Board of Directors the Company and the Trustee shall consider to be for the protection of the Holders holders of all or any series of Securities (and if such covenants, restrictions or conditions are to be for the benefit of less than all series of Securities, stating that such covenants, restrictions or conditions are expressly being included solely for the benefit of such series), and to make the occurrence, or the occurrence and continuance, of a default in any such additional covenants, restrictions or conditions a default or an Event of Default permitting the enforcement of all or any of the several remedies provided in this Indenture as herein set forth; provided, however, that in respect to any such additional covenant, restriction or condition such Supplemental Indenture supplemental indenture may provide for a particular period of grace after default (which period may be shorter or longer than that allowed in the case of other defaults) or may provide for an immediate enforcement upon such default or may limit the remedies available to the Trustee upon such default;
(dc) to To add or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in (i) global form or (ii) bearer form, registerable registrable or not registerable registrable as to principal or principal and interestprincipal, and with or without interest coupons;
(ed) to To change or eliminate any of the provisions of this Indenture; provided, however, that any such change or elimination shall become effective only when there is no Security of any series Outstanding outstanding created prior to the execution of such Supplemental Indenture supplemental indenture which is entitled to the benefit of such provision;
(fe) to To establish the form or terms of Securities of any series as permitted by Sections 2.01 Section 2.1 and 2.032.2;
(gf) to appoint, at the request of the Trustee, a successor Trustee for a particular series of Securities to act as such pursuant to the provisions of this Indenture and to add to or change the provisions of this Indenture to such extent as shall be necessary to facilitate the performance of the duties of such trustee; and
(h) to To cure any ambiguity or to correct or supplement any provisions provision contained herein or in any Supplemental Indenture supplemental indenture which may be defective or inconsistent with any other provision provisions contained herein or in any Supplemental Indenturesupplemental indenture, or to make such other provisions provision in regard to matters or questions arising under this Indenture or any Supplemental Indenture which supplemental indenture; provided, however, that such action shall not adversely affect the interests interest of the Holders holders of Securities of any series in any material respect or, in the case of the Securities of a series issued to a CNG Trust and for so long as any of the corresponding series of Preferred Securities issued by such CNG Trust shall remain outstanding, the holders of such Preferred Securities;
(g) To mortgage or pledge to the Trustee as security for the Securities any property or assets which the Company may desire to mortgage or pledge as security for the Securities; and
(h) To qualify, or maintain the qualification of, the Indenture under the Trust Indenture Act. The Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations which may be therein contained and to accept the conveyance, transfer, mortgage, pledge or assignment of any property thereunder, but the Trustee shall not be obligated to enter into any such supplemental indenture which affects the Trustee's own rights, duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section may be executed by the Company and the Trustee without the consent of the holders of any of the Securities at the time outstanding, notwithstanding any of the provisions of Section 10.2.
Appears in 1 contract
Purposes for Which Supplemental Indentures May be Entered Into Without Consent of Securityholders. Without the consent of the Holders of any Securities, the Company and the Trustee may from time to time and at any time enter into an indenture or indentures supplemental hereto (which shall comply with the provisions of the Trust Indenture Act as then in effect) for one or more of the following purposes:
(a) to convey, transfer, assign, mortgage or pledge to the Trustee as security for the Securities of one or more series any property or assets;
(b) if deemed appropriate by the Company or required by law, to evidence the succession of another Company to the Company or successive successions and the assumption by the successor Company of the covenants, agreements and obligations of the Company pursuant to Article Four hereof;
(c) to add to the covenants of the Company such further covenants, restrictions or conditions as its Board of Directors and the Trustee shall consider to be for the protection of the Holders of all or any series of Securities or Coupons (and if such covenants, restrictions or conditions are to be for the benefit of less than all series of Securities, stating that such covenants, restrictions or conditions are expressly being included solely for the benefit of such series), and to make the occurrence, or the occurrence and continuance, of a default in any such additional covenants, restrictions or conditions an Event of Default permitting the enforcement of all or any of the several remedies provided in this Indenture as herein set forth; provided, however, that in respect to any such additional covenant, restriction or condition such Supplemental Indenture may provide for a particular period of grace after default (which period may be shorter or longer than that allowed in the case of other defaults) or may provide for an immediate enforcement upon such default or may limit the remedies available to the Trustee upon such default;
(d) to add any limitations or conditions that may apply to a consolidation or merger with another company, or the sale, lease or conveyance of all or substantially all of our assets to another company, if the entity or the person formed by or surviving the consolidation of merger, if other than us, or to which the sale, assignment, transfer, lease, conveyance or other disposition shall have been made is a corporation organized to existing under the laws of a country other than the United States or Singapore;
(e) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to facilitate the issuance of Securities in (i) global form or (ii) bearer form, registerable or not registerable as to principal or principal and interest, and with or without coupons;
(ef) to change or eliminate any of the provisions of this Indenture; provided, however, that any such change or elimination shall become effective only when there is no Security of any series Outstanding created prior to the execution of such Supplemental Indenture which is entitled to the benefit of such provision;
(fg) to establish the form or terms of Securities of any series or the Coupons appertaining to such Securities as permitted by Sections 2.01 and 2.03;
(gh) to appoint, at the request of the Trustee, a successor Trustee for a particular series of Securities to act as such pursuant to the provisions of this Indenture and to add to or change the provisions of this Indenture to such extent as shall be necessary to facilitate the performance of the duties of such trustee; and;
(hi) to cure any ambiguity or to correct or supplement any provisions contained herein or in any Supplemental Indenture which may be defective or inconsistent with any other provision contained herein or in any Supplemental Indenture, or to make such other modifications on provisions in regard to matters or questions arising under this Indenture or any Supplemental Indenture which shall not adversely affect the interests of the Holders of the SecuritiesSecurities or Coupons; and
(j) to make all payments of principal and interest through its branch office in any foreign country instead of its Bermuda foreign branch office; provided that such change shall not have an adverse effect on the Holders.
Appears in 1 contract
Purposes for Which Supplemental Indentures May be Entered Into Without Consent of Securityholders. Without the consent The Company, when authorized by a resolution of the Holders its Board of any SecuritiesDirectors, the Company and the Trustee may from time to time and at any time enter into an indenture or indentures supplemental hereto (which shall comply with the provisions of the Trust Indenture Act of 1939 as then in effect) for one or more of the following purposes:
(a) to convey, transfer, assign, mortgage or pledge to the Trustee as security for the Securities of one or more series any property or assets;
(b) if deemed appropriate by the Company or required by law, to evidence the succession of another Company corporation to the Company Company, or successive successions successions, and the assumption by the successor Company corporation of the covenants, agreements and obligations of the Company pursuant to Article Four hereofTen;
(cb) to add to the covenants of the Company such further covenants, restrictions or conditions as its Board of Directors and the Trustee shall consider to be for the protection of the Holders holders of all or any series of the Securities (and and, if such covenants, restrictions or conditions covenants are to be for the benefit of less than all series of Securities, Securities stating that such covenants, restrictions or conditions covenants are expressly being included solely for the benefit of such series), and to make the occurrence, or the occurrence and continuance, of a default in any of such additional covenants, restrictions or conditions an Event of Default permitting the enforcement of all or any of the several remedies provided in this Indenture as herein set forth; provided, however, that in respect to of any such additional covenant, restriction or condition such Supplemental Indenture supplemental indenture may provide for a particular period of grace after default (which period may be shorter or longer than that allowed in the case of other defaults) or may provide for an immediate enforcement upon such default Event of Default or may limit the remedies available to the Trustee upon such defaultEvent of Default or may limit the right of the holders of a majority in aggregate principal amount of the Securities of such series to waive such an Event of Default;
(d) to add or change any of the provisions of this Indenture to such extent as shall be necessary to facilitate the issuance of Securities in (i) global form or (ii) bearer form, registerable or not registerable as to principal or principal and interest, and with or without coupons;
(e) to change or eliminate any of the provisions of this Indenture; provided, however, that any such change or elimination shall become effective only when there is no Security of any series Outstanding created prior to the execution of such Supplemental Indenture which is entitled to the benefit of such provision;
(f) to establish the form or terms of Securities of any series as permitted by Sections 2.01 and 2.03;
(g) to appoint, at the request of the Trustee, a successor Trustee for a particular series of Securities to act as such pursuant to the provisions of this Indenture and to add to or change the provisions of this Indenture to such extent as shall be necessary to facilitate the performance of the duties of such trustee; and
(hc) to cure any ambiguity or to correct or supplement any provisions provision contained herein or in any Supplemental Indenture which supplemental indenture that may be defective or inconsistent with any other provision contained herein or in any Supplemental Indenturesupplemental indenture, or to make such other provisions in regard to matters or questions arising under this Indenture or any Supplemental Indenture which supplemental indenture as shall not adversely affect the interests of the Holders holders of the Securities;
(d) to provide for the issuance under this Indenture of Securities, whether or not then outstanding, in coupon form (including Securities registrable as to principal only) and to provide for exchangeability of such Securities with Securities issued hereunder in fully registered form and to make all appropriate changes for such purpose;
(e) to establish the form or terms and to provide for the issuance of Securities of any series as permitted by Sections 2.01 and 2.03; and
(f) to evidence and provide for the acceptance of appointment hereunder by a successor trustee with respect to the Securities of one or more series and to add to or change any of the provisions of the Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one trustee. The Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained and to accept the conveyance, transfer or assignment of any property thereunder, 48 provided that if any such supplemental indenture affects the Trustee's own rights, duties or immunities under this Indenture or otherwise, the Trustee may in its discretion, but shall not be obligated to, enter into such supplemental indenture. Any supplemental indenture authorized by the provisions of this Section 9.01 may be executed by the Company and the Trustee without the consent of the holders of any of the Securities at the time outstanding, notwithstanding any of the provisions of Section 9.02.
Appears in 1 contract
Samples: Indenture (Southwest Airlines Co)
Purposes for Which Supplemental Indentures May be Entered Into Without Consent of Securityholders. Without the consent of the Holders any Securityholders or any holders of any Preferred Securities, the Company Company, when authorized by a Resolution of the Company, and the Trustee may from time to time time, and at any time enter into an indenture or indentures supplemental hereto hereto, in form satisfactory to such Trustee (which shall comply with the provisions of the Trust Indenture Act of 1939 as then in effect) ), for one or more of the following purposes:
(a) to convey, transfer, assign, mortgage or pledge to the Trustee as security for the Securities of one or more series any property or assets;
(b) if deemed appropriate by the Company or required by law, to To evidence the succession of another Company corporation to the Company Company, or successive successions successions, and the assumption by the successor Company corporation of the covenants, agreements and obligations of the Company pursuant to Article Four Eleven hereof;
(cb) to To add to the covenants of the Company such further covenants, restrictions or conditions as its Board of Directors the Company and the Trustee shall consider to be for the protection of the Holders holders of all or any series of Securities (and if such covenants, restrictions or conditions are to be for the benefit of less than all series of Securities, stating that such covenants, restrictions or conditions are expressly being included solely for the benefit of such series), and to make the occurrence, or the occurrence and continuance, of a default in any such additional covenants, restrictions or conditions a default or an Event of Default permitting the enforcement of all or any of the several remedies provided in this Indenture as herein set forth; provided, however, that in respect to any such additional covenant, restriction or condition such Supplemental Indenture supplemental indenture may provide for a particular period of grace after default (which period may be shorter or longer than that allowed in the case of other defaults) or may provide for an immediate enforcement upon such default or may limit the remedies available to the Trustee upon such default;
(dc) to To add or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in (i) global form or (ii) bearer form, registerable registrable or not registerable registrable as to principal or principal and interestprincipal, and with or without interest coupons;
(ed) to To change or eliminate any of the provisions of this Indenture; provided, however, that any such change or elimination shall become effective only when there is no Security of any series Outstanding outstanding created prior to the execution of such Supplemental Indenture supplemental indenture which is entitled to the benefit of such provision;
(fe) to To establish the form or terms of Securities of any series as permitted by Sections 2.01 Section 2.1 and 2.032.2;
(gf) to appoint, at the request of the Trustee, a successor Trustee for a particular series of Securities to act as such pursuant to the provisions of this Indenture and to add to or change the provisions of this Indenture to such extent as shall be necessary to facilitate the performance of the duties of such trustee; and
(h) to To cure any ambiguity or to correct or supplement any provisions provision contained herein or in any Supplemental Indenture supplemental indenture which may be defective or inconsistent with any other provision provisions contained herein or in any Supplemental Indenturesupplemental indenture, or to make such other provisions provision in regard to matters or questions arising under this Indenture or any Supplemental Indenture which supplemental indenture; provided, however, that such action shall not adversely affect the interests interest of the Holders holders of Securities of any series in any material respect or, in the case of the Securities of a series issued to a Xxxxxx Capital Trust and for so long as any of the corresponding series of Preferred Securities issued by such Xxxxxx Capital Trust shall remain outstanding, the holders of such Preferred Securities;
(g) To mortgage or pledge to the Trustee as security for the Securities any property or assets which the Company may desire to mortgage or pledge as security for the Securities; and
(h) To qualify, or maintain the qualification of, the Indenture under the Trust Indenture Act. The Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations which may be therein contained and to accept the conveyance, transfer, mortgage, pledge or assignment of any property thereunder, but the Trustee shall not be obligated to enter into any such supplemental indenture which affects the Trustee's own rights, duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section may be executed by the Company and the Trustee without the consent of the holders of any of the Securities at the time outstanding, notwithstanding any of the provisions of Section 10.2.
Appears in 1 contract
Samples: Indenture (Markel Corp)
Purposes for Which Supplemental Indentures May be Entered Into Without Consent of Securityholders. Without the consent The Company, when authorized by a Resolution of the Holders of any SecuritiesCompany, the Company Parent Guarantor, when authorized by a Resolution of the Parent Guarantor, and the Trustee may from time to time time, and at any time enter into an indenture or indentures supplemental hereto hereto, in form satisfactory to such Trustee (which shall comply with the provisions of the Trust Indenture Act of 1939 as then in effect) ), for one or more of the following purposes:
(a) to convey, transfer, assign, mortgage or pledge to the Trustee as security for the Securities of one or more series any property or assets;
(b) if deemed appropriate by the Company or required by law, to To evidence the succession of another Company corporation to the Company or the Parent Guarantor, or successive successions successions, and the assumption by the successor Company corporation of the covenants, agreements and obligations of the Company or the Parent Guarantor, as applicable, pursuant to Article Four Eleven hereof;
(cb) to To add to the covenants of the Company or the Parent Guarantor such further covenants, restrictions or conditions as its Board of Directors the Company, the Parent Guarantor and the Trustee shall consider to be for the protection of the Holders holders of all or any series of Securities (and if such covenants, restrictions or conditions are to be for the benefit of less than all series of Securities, stating that such covenants, restrictions or conditions are expressly being included solely for the benefit of such series), and to make the occurrence, or the occurrence and continuance, of a default in any such additional covenants, restrictions or conditions a default or an Event of Default permitting the enforcement of all or any of the several remedies provided in this Indenture as herein set forth; provided, however, that in respect to any such additional covenant, restriction or condition such Supplemental Indenture supplemental indenture may provide for a particular period of grace after default (which period may be shorter or longer than that allowed in the case of other defaults) or may provide for an immediate enforcement upon such default or may limit the remedies available to the Trustee upon such default;
(dc) to To add or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in (i) global form or (ii) bearer form, registerable registrable or not registerable registrable as to principal or principal and interestprincipal, and with or without interest coupons;
(ed) to To change or eliminate any of the provisions of this Indenture; provided, however, that any such change or elimination shall become effective only when there is no Security of any series Outstanding outstanding created prior to the execution of such Supplemental Indenture supplemental indenture which is entitled to the benefit of such provision;
(fe) to To establish the form or terms of Securities of any series as permitted by Sections Section 2.01 and 2.032.02;
(gf) to appoint, at the request of the Trustee, a successor Trustee for a particular series of Securities to act as such pursuant to the provisions of this Indenture and to add to or change the provisions of this Indenture to such extent as shall be necessary to facilitate the performance of the duties of such trustee; and
(h) to To cure any ambiguity or to correct or supplement any provisions provision contained herein or in any Supplemental Indenture supplemental indenture which may be defective or inconsistent with any other provision provisions contained herein or in any Supplemental Indenturesupplemental indenture, or to make such other provisions provision in regard to matters or questions arising under this Indenture or any Supplemental Indenture supplemental indenture which shall not adversely affect the interests of the Holders holders of the Securities; provided, however, that such action shall not adversely affect the interest of the holders of Securities of any series in any material respect or, in the case of the Securities of a series issued to an Aon Trust and for so long as any of the corresponding series of Preferred Securities issued by such Aon Trust shall remain outstanding, the holders of such Preferred Securities;
(g) To mortgage or pledge to the Trustee as security for the Securities any property or assets which the Company or the Parent Guarantor, as applicable, may desire to mortgage or pledge as security for the Securities; and
(h) To qualify, or maintain the qualification of, the Indenture under the Trust Indenture Act. The Trustee is hereby authorized to join with the Company and the Parent Guarantor in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations which may be therein contained and to accept the conveyance, transfer, mortgage, pledge or assignment of any property thereunder, but the Trustee shall not be obligated to enter into any such supplemental indenture which affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section may be executed by the Company, the Parent Guarantor and the Trustee without the consent of the holders of any of the Securities at the time outstanding, notwithstanding any of the provisions of Section 10.02.
Appears in 1 contract
Samples: Indenture (Aon Corp)
Purposes for Which Supplemental Indentures May be Entered Into Without Consent of Securityholders. Without the consent of the Holders of any Securities, the Company and the Trustee may from time to time and at any time enter into an indenture or indentures supplemental hereto (which shall comply with the provisions of the Trust Indenture Act of 1939 as then in effect) for one or more of the following purposes:
(a) to convey, transfer, assign, mortgage or pledge to the Trustee as security for the Securities of one or more series any property or assets;
(b) if deemed appropriate by the Company or required by law, to evidence the succession of another Company to the Company or successive successions and the assumption by the successor Company of the covenants, agreements and obligations of the Company pursuant to Article Four hereof;,
(cb) to add to the covenants of the Company such further covenants, restrictions or conditions as its Board of Directors and the Trustee shall consider to be for the protection of the Holders of all or any series Series of Securities (and if such covenants, restrictions or conditions are to be for the benefit of less than all series Series of Securities, stating that such covenants, restrictions or conditions are expressly being included solely for the benefit of such seriesSeries), and to make the occurrence, or the occurrence and continuance, of a default in any such additional covenants, restrictions or conditions an Event of Default permitting the enforcement of all or any of the several remedies provided in this Indenture as herein set forth; provided, however, that in respect to any such additional covenant, restriction or condition such Supplemental Indenture may provide for a particular period of grace after default (which period may be shorter or longer than that allowed in the case of other defaults) or may provide for an immediate enforcement upon such default or may limit the remedies available to the Trustee upon such default;,
(dc) to add or change any of the provisions of this Indenture to such extent as shall be necessary to facilitate the issuance of Securities in (i) global form or (ii) bearer form, registerable or not registerable as to principal or principal and interest, and with or without coupons;,
(ed) to change or eliminate any of the provisions of this Indenture; provided, however, that any such change or elimination shall become effective only when there is no Security of any series Series Outstanding created prior to the execution of such Supplemental Indenture which is entitled to the benefit of such provision;,
(fe) to establish the form or terms of Securities of any series Series as permitted by Sections 2.01 and 2.03;2.02,
(gf) to appoint, at the request of the Trustee, a successor Trustee for a particular series Series of Securities to act as such pursuant to the provisions of this Indenture and to add to or change the provisions of this Indenture to such extent as shall be necessary to facilitate the performance of the duties of such trustee; trustee and
(hg) to cure any ambiguity or to correct or supplement any provisions contained herein or in any Supplemental Indenture which may be defective or inconsistent with any other provision contained herein or in any Supplemental Indenture, or to make such other provisions in regard to matters or questions arising under this Indenture or any Supplemental Indenture which shall not adversely affect the interests of the Holders of the Securities.
Appears in 1 contract
Samples: Senior Indenture (Ati Financing Ii)
Purposes for Which Supplemental Indentures May be Entered Into Without Consent of Securityholders. Without the consent of the Holders of any SecuritiesSecurityholders, the Company, when authorized by a Company Resolution, and the Trustee may from time to time time, and at any time enter into an indenture or indentures supplemental hereto hereto, in form satisfactory to such Trustee (which shall comply with the provisions of the Trust Indenture Act as then in effect) ), for one or more of the following purposes:
(a) to convey, transfer, assign, mortgage or pledge to the Trustee as security for the Securities of one or more series any property or assets;
(b) if deemed appropriate by the Company or required by law, to To evidence the succession of another Company Corporation to the Company Company, or successive successions successions, and the assumption by the successor Company Corporation of the covenants, agreements and obligations of the Company pursuant to Article Four Eleven hereof;
(cb) to To add to the covenants of the Company such further covenants, restrictions or conditions as its Board of Directors the Company and the Trustee shall consider to be for the protection of the Holders holders of all or any series of Securities (and if such covenants, restrictions or conditions are to be for the benefit of less than all series of Securities, stating that such covenants, restrictions or conditions are expressly being included solely for the benefit of such series), and to make the occurrence, or the occurrence and continuance, of a default in any such additional covenants, restrictions or conditions a default or an Event of Default permitting the enforcement of all or any of the several remedies provided in this Indenture as herein set forth; provided, however, that in respect to any such additional covenant, restriction or condition such Supplemental Indenture supplemental indenture may provide for a particular period of grace after default (which period may be shorter or longer than that allowed in the case of other defaults) or may provide for an immediate enforcement upon such default or may limit the remedies available to the Trustee upon such default;
(dc) to To add or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in (i) global form or (ii) bearer form, registerable registrable or not registerable registrable form as to principal or principal and interestprincipal, and with or without interest coupons;
(ed) to To change or eliminate any of the provisions of this Indenture; provided, however, that any such change or elimination shall become effective only when there is no Security of any series Outstanding outstanding created prior to the execution of such Supplemental Indenture supplemental indenture which is entitled to the benefit of such provision;
(fe) to To establish the form or terms of Securities of any series as permitted by Sections 2.01 Section 2.1 and 2.032.2;
(f) To cure any ambiguity or to correct or supplement any provision contained herein or in any supplemental indenture which may be defective or inconsistent with any other provisions contained herein or in any supplemental indenture, or to make such other provision in regard to matters or questions arising under this Indenture or any supplemental indenture; provided, however, that such action shall not adversely affect the interest of the holders of Securities of any series in any material respect;
(g) to appoint, at the request of the Trustee, a successor Trustee for a particular series of Securities to act as such pursuant To mortgage or pledge to the provisions Trustee as security for the Securities any property or assets which the Company may desire to mortgage or pledge as security for the Securities;
(h) To qualify, or maintain the qualification of, the Indenture under the Trust Indenture Act; and
(i) To supplement any of this Indenture and to add to or change the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the performance defeasance and discharge of the duties any series of Securities pursuant to Section 12.5, provided that any such trustee; and
(h) to cure any ambiguity or to correct or supplement any provisions contained herein or in any Supplemental Indenture which may be defective or inconsistent with any other provision contained herein or in any Supplemental Indenture, or to make such other provisions in regard to matters or questions arising under this Indenture or any Supplemental Indenture which action shall not adversely affect the interests of any holder of a Security of such series or any other Security or coupon in any material respect. The Trustee is hereby authorized to join with the Holders Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations which may be therein contained and to accept the conveyance, transfer, mortgage, pledge or assignment of any property thereunder, but the Trustee shall not be obligated to enter into any such supplemental indenture which affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section may be executed by the Company and the Trustee without the consent of the Securitiesholders of any of the Securities at the time outstanding, notwithstanding any of the provisions of Section 10.2.
Appears in 1 contract
Samples: Junior Subordinated Indenture (Dominion Resources Inc /Va/)
Purposes for Which Supplemental Indentures May be Entered Into Without Consent of Securityholders. Without the consent The Company, when authorized by a Resolution of the Holders of any SecuritiesCompany, the Company and the Trustee may from time to time time, and at any time enter into an indenture or indentures supplemental hereto hereto, in form satisfactory to such Trustee (which shall comply with the provisions of the Trust Indenture Act of 1939 as then in effect) ), for one or more of the following purposes:
(a) to convey, transfer, assign, mortgage or pledge to the Trustee as security for the Securities of one or more series any property or assets;
(b) if deemed appropriate by the Company or required by law, to To evidence the succession of another Company corporation to the Company Company, or successive successions successions, and the assumption by the successor Company corporation of the covenants, agreements and obligations of the Company pursuant to Article Four Eleven hereof;
(cb) to To add to the covenants of the Company such further covenants, restrictions or conditions as its Board of Directors the Company and the Trustee shall consider to be for the protection of the Holders holders of all or any series of Securities (and if such covenants, restrictions or conditions are to be for the benefit of less than all series of Securities, stating that such covenants, restrictions or conditions are expressly being included solely for the benefit of such series), and to make the occurrence, or the occurrence and continuance, of a default in any such additional covenants, restrictions or conditions a default or an Event of Default permitting the enforcement of all or any of the several remedies provided in this Indenture as herein set forth; provided, however, that in respect to any such additional covenant, restriction or condition such Supplemental Indenture supplemental indenture may provide for a particular period of grace after default (which period may be shorter or longer than that allowed in the case of other defaults) or may provide for an immediate enforcement upon such default or may limit the remedies available to the Trustee upon such default;
(dc) to To add or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in (i) global form or (ii) bearer form, registerable registrable or not registerable registrable as to principal or principal and interestprincipal, and with or without interest coupons;
(ed) to To change or eliminate any of the provisions of this Indenture; provided, however, that any such change or elimination shall become effective only when there is no Security of any series Outstanding outstanding created prior to the execution of such Supplemental Indenture supplemental indenture which is entitled to the benefit of such provision;
(fe) to To establish the form or terms of Securities of any series as permitted by Sections Section 2.01 and 2.032.02;
(gf) to appoint, at the request of the Trustee, a successor Trustee for a particular series of Securities to act as such pursuant to the provisions of this Indenture and to add to or change the provisions of this Indenture to such extent as shall be necessary to facilitate the performance of the duties of such trustee; and
(h) to To cure any ambiguity or to correct or supplement any provisions provision contained herein or in any Supplemental Indenture supplemental indenture which may be defective or inconsistent with any other provision provisions contained herein or in any Supplemental Indenturesupplemental indenture, or to make such other provisions provision in regard to matters or questions arising under this Indenture or any Supplemental Indenture supplemental indenture which shall not adversely affect the interests of the Holders holders of the Securities; provided, however, that such action shall not adversely affect the interest of the holders of Securities of any series in any material respect or, in the case of the Securities of a series issued to an Aon Trust and for so long as any of the corresponding series of Preferred Securities issued by such Aon Trust shall remain outstanding, the holders of such Preferred Securities;
(g) To mortgage or pledge to the Trustee as security for the Securities any property or assets which the Company may desire to mortgage or pledge as security for the Securities; and
(h) To qualify, or maintain the qualification of, the Indenture under the Trust Indenture Act. The Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations which may be therein contained and to accept the conveyance, transfer, mortgage, pledge or assignment of any property thereunder, but the Trustee shall not be obligated to enter into any such supplemental indenture which affects the Trustee's own rights, duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section may be executed by the Company and the Trustee without the consent of the holders of any of the Securities at the time outstanding, notwithstanding any of the provisions of Section 10.02.
Appears in 1 contract
Samples: Indenture (Aon Corp)
Purposes for Which Supplemental Indentures May be Entered Into Without Consent of Securityholders. Without the consent of the Holders of any Securities, the Company and the Trustee may from time to time and at any time enter into an indenture or indentures supplemental hereto (which shall comply with the provisions of the Trust Indenture Act as then in effect) for one or more of the following purposes:The
(a) to convey, transfer, assign, mortgage or pledge to the Trustee as security for the Securities of one or more series any property or assets;
(b) if deemed appropriate by the Company or required by law, to To evidence the succession of another Company corporation to the Company or a Guarantor, or successive successions successions, and the assumption by the successor Company corporation of the covenants, agreements and obligations of the Company or such Guarantor, as applicable, pursuant to Article Four hereof;Eleven;
(cb) to To add to the covenants of the Company or a Guarantor such further covenants, restrictions or conditions as its Board of Directors the Company, such Guarantor and the Trustee shall consider to be for the protection of the Holders holders of all or any series of Securities (and if such covenants, restrictions or conditions are to be for the benefit of less than all series of Securities, stating that such covenants, restrictions or conditions are expressly being included solely for the benefit of such series), and to make the occurrence, or the occurrence and continuance, of a default in any such additional covenants, restrictions or conditions a default or an Event of Default permitting the enforcement of all or any of the several remedies provided in this Indenture as herein set forth; forth; provided, however, that in respect to any such additional covenant, restriction or condition such Supplemental Indenture supplemental indenture may provide for a particular period of grace after default (which period may be shorter or longer than that allowed in the case of other defaults) or may provide for an immediate enforcement upon such default or may limit the remedies available to the Trustee upon such default;default;
(dc) to To add or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in (i) global form or (ii) bearer form, registerable registrable or not registerable registrable as to principal or principal and interestprincipal, and with or without coupons;interest coupons;
(ed) to To change or eliminate any of the provisions of this Indenture; Indenture; provided, however, that any such change or elimination shall become effective only when there is no Security of any series Outstanding outstanding created prior to the execution of such Supplemental Indenture supplemental indenture which is entitled to the benefit of such provision;provision;
(fe) to To establish the form or terms of Securities of any series as permitted by Sections Section 2.01 and 2.03;2.02;
(gf) to appoint, at the request of the Trustee, a successor Trustee for a particular series of Securities to act as such pursuant to the provisions of this Indenture and to add to or change the provisions of this Indenture to such extent as shall be necessary to facilitate the performance of the duties of such trustee; and
(h) to To cure any ambiguity or to correct or supplement any provisions provision contained herein or in any Supplemental Indenture supplemental indenture which may be defective or inconsistent with any other provision provisions contained herein or in any Supplemental Indenturesupplemental indenture, or to make such other provisions provision in regard to matters or questions arising under this Indenture or any Supplemental Indenture supplemental indenture which shall not adversely affect the interests of the Holders holders of the SecuritiesSecurities; provided, however, that such action shall not adversely affect the interest of the holders of Securities of any series in any material respect or, in the case of the Securities of a series issued to an Aon Trust and for so long as any of the corresponding series of Preferred Securities issued by such Aon Trust shall remain outstanding, the holders of such Preferred Securities;
(g) To mortgage or pledge to the Trustee as security for the Securities any property or assets which the Company or the Guarantors, as applicable, may desire to mortgage or pledge as security for the Securities; and
(h) To qualify, or maintain the qualification of, the Indenture under the Trust Indenture Act. The Trustee is hereby authorized to join with the Company and each of the Guarantors in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations which may be therein contained and to accept the conveyance, transfer, mortgage, pledge or assignment of any property thereunder, but the Trustee shall not be obligated to enter into any such supplemental indenture which affects the Trustee's own rights, duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section may be executed by the Company, each Guarantor and the Trustee without the consent of the holders of any of the Securities at the time outstanding, notwithstanding any of the provisions of Section 10.02.
Appears in 1 contract
Samples: Indenture
Purposes for Which Supplemental Indentures May be Entered Into Without Consent of Securityholders. Without the consent of the Holders of any Securities, the Company Corporation and the Trustee may from time to time and at any time enter into an indenture or indentures supplemental hereto (which shall comply with the provisions of the Trust Indenture Act of 1939 as then in effect) for one or more of the following purposes:
(a) to convey, transfer, assign, mortgage or pledge to the Trustee as security for the Securities of one or more series any property or assets;
(b) if deemed appropriate by the Company Corporation or required by law, to evidence the succession of another Company corporation to the Company Corporation or successive successions and the assumption by the successor Company corporation of the covenants, agreements and obligations of the Company Corporation pursuant to Article Four hereof;,
(cb) to add to the covenants of the Company Corporation such further covenants, restrictions or conditions as its Board of Directors and the Trustee shall consider to be for the protection of the Holders of all or any series Series of Securities (and if such covenants, restrictions or conditions are to be for the benefit of less than all series Series of Securities, stating that such covenants, restrictions or conditions are expressly being included solely for the benefit of such seriesSeries), and to make the occurrence, or the occurrence and continuance, of a default in any such additional covenants, restrictions or conditions an Event of Default permitting the enforcement of all or any of the several remedies provided in this Indenture as herein set forth; provided, however, that in respect to any such additional covenant, restriction or condition such Supplemental Indenture may provide for a particular period of grace after default (which period may be shorter or longer than that allowed in the case of other defaults) or may provide for an immediate enforcement upon such default or may limit the remedies available to the Trustee upon such default;,
(dc) to add or change any of the provisions of this Indenture to such extent as shall be necessary to facilitate the issuance of Securities in (i) global form or (ii) bearer form, registerable or not registerable as to principal or principal and interest, and with or without coupons;,
(ed) to change or eliminate any of the provisions of this Indenture; providedPROVIDED, howeverHOWEVER, that any such change or elimination shall become effective only when there is no Security of any series Series Outstanding created prior to the execution of such Supplemental Indenture which is entitled to the benefit of such provision;,
(fe) to establish the form or terms of Securities of any series Series as permitted by Sections 2.01 2.1 and 2.03;2.2,
(gf) to appoint, at the request of the Trustee, a successor Trustee for a particular series Series of Securities to act as such pursuant to the provisions of this Indenture and to add to or change the provisions of this Indenture to such extent as shall be necessary to facilitate the performance of the duties of such trustee; , and
(hg) to cure any ambiguity or to correct or supplement any provisions contained herein or in any Supplemental Indenture which may be defective or inconsistent with any other provision contained herein or in any Supplemental Indenture, or to make such other provisions in regard to matters or questions arising under this Indenture or any Supplemental Indenture which shall not adversely affect the interests of the Holders of the Securities.
Appears in 1 contract
Samples: Indenture (Providian Financing Iv)
Purposes for Which Supplemental Indentures May be Entered Into Without Consent of Securityholders. Without the consent of the Holders any Securityholders or any holders of any Preferred Securities, the Company Company, when authorized by a Resolution of the Company, and the Trustee may from time to time time, and at any time enter into an indenture or indentures supplemental hereto hereto, in form satisfactory to such Trustee (which shall comply with the provisions of the Trust Indenture Act as then in effect) ), for one or more of the following purposes:
(a) to convey, transfer, assign, mortgage or pledge to the Trustee as security for the Securities of one or more series any property or assets;
(b) if deemed appropriate by the Company or required by law, to To evidence the succession of another Company corporation to the Company Company, or successive successions successions, and the assumption by the successor Company corporation of the covenants, agreements and obligations of the Company pursuant to Article Four Eleven hereof;
(cb) to To add to the covenants of the Company such further covenants, restrictions or conditions as its Board of Directors and the Trustee Company in good faith shall consider to be for the protection of the Holders holders of all or any series of Securities (and if such covenants, restrictions or conditions are to be for the benefit of less than all series of Securities, stating that such covenants, restrictions or conditions are expressly being included solely for the benefit of such series), and to make the occurrence, or the occurrence and continuance, of a default in any such additional covenants, restrictions or conditions a default or an Event of Default permitting the enforcement of all or any of the several remedies provided in this Indenture as herein set forth; provided, however, that in respect to any such additional covenant, restriction or condition such Supplemental Indenture supplemental indenture may provide for a particular period of grace after default (which period may be shorter or longer than that allowed in the case of other defaults) or may provide for an immediate enforcement upon such default or may limit the remedies available to the Trustee upon such default;
(dc) to To add or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in (i) global form or (ii) bearer form, registerable registrable or not registerable registrable as to principal or principal and interestprincipal, and with or without interest coupons;
(ed) to To change or eliminate any of the provisions of this Indenture; provided, however, that any such change or elimination shall become effective only when there is no Security of any series Outstanding outstanding created prior to the execution of such Supplemental Indenture supplemental indenture which is entitled to the benefit of such provision;
(fe) to To establish the form or terms of Securities of any series as permitted by Sections 2.01 Section 2.1 and 2.032.2;
(f) As determined by the Company in good faith, to cure any ambiguity or to correct or supplement any provision contained herein or in any supplemental indenture which may be defective or inconsistent with any other provisions contained herein or in any supplemental indenture, or to make such other provision in regard to matters or questions arising under this Indenture or any supplemental indenture; provided, however, that such action shall not adversely affect the interest of the holders of Securities of any series in any material respect or, in the case of the Securities of a series issued to a Laclede Trust and for so long as any of the corresponding series of Preferred Securities issued by such Laclede Trust shall remain outstanding, the holders of such Preferred Securities;
(g) To mortgage or pledge to appointthe Trustee as security for the Securities any property or assets which the Company may desire to mortgage or pledge as security for the Securities;
(h) To qualify, at or maintain the request qualification of, the Indenture under the Trust Indenture Act;
(i) To evidence and provide for the acceptance of the Trustee, appointment hereunder by a successor Trustee for a particular series of Securities to act as such pursuant with respect to the provisions of this Indenture Securities and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one trustee, all as provided in Section 7.11; and
(j) To supplement any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the performance defeasance and discharge of the duties any series of Securities pursuant to Section 12.5, provided that any such trustee; and
(h) to cure any ambiguity or to correct or supplement any provisions contained herein or in any Supplemental Indenture which may be defective or inconsistent with any other provision contained herein or in any Supplemental Indenture, or to make such other provisions in regard to matters or questions arising under this Indenture or any Supplemental Indenture which action shall not adversely affect the interests of any holder of a Security of such series or any other Security or coupon in any material respect. The Trustee is hereby authorized to join with the Holders Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations which may be therein contained and to accept the conveyance, transfer, mortgage, pledge or assignment of any property thereunder, but the Trustee shall not be obligated to enter into any such supplemental indenture which affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section may be executed by the Company and the Trustee without the consent of the Securitiesholders of any of the Securities at the time outstanding, notwithstanding any of the provisions of Section 10.2.
Appears in 1 contract
Purposes for Which Supplemental Indentures May be Entered Into Without Consent of Securityholders. Without the consent The Company, when authorized by a Resolution of the Holders Company, each Guarantor, when authorized by a Resolution of any Securitiessuch Guarantor, the Company and the Trustee may from time to time time, and at any time enter into an indenture or indentures supplemental hereto hereto, in form satisfactory to such Trustee (which shall comply with the provisions of the Trust Indenture Act of 1939 as then in effect) ), for one or more of the following purposes:
(a) to convey, transfer, assign, mortgage or pledge to the Trustee as security for the Securities of one or more series any property or assets;
(b) if deemed appropriate by the Company or required by law, to To evidence the succession of another Company corporation to the Company or a Guarantor, or successive successions successions, and the assumption by the successor Company corporation of the covenants, agreements and obligations of the Company or such Guarantor, as applicable, pursuant to Article Four hereofEleven;
(cb) to To add to the covenants of the Company or a Guarantor such further covenants, restrictions or conditions as its Board of Directors the Company, such Guarantor and the Trustee shall consider to be for the protection of the Holders holders of all or any series of Securities (and if such covenants, restrictions or conditions are to be for the benefit of less than all series of Securities, stating that such covenants, restrictions or conditions are expressly being included solely for the benefit of such series), and to make the occurrence, or the occurrence and continuance, of a default in any such additional covenants, restrictions or conditions a default or an Event of Default permitting the enforcement of all or any of the several remedies provided in this Indenture as herein set forth; provided, however, that in respect to any such additional covenant, restriction or condition such Supplemental Indenture supplemental indenture may provide for a particular period of grace after default (which period may be shorter or longer than that allowed in the case of other defaults) or may provide for an immediate enforcement upon such default or may limit the remedies available to the Trustee upon such default;
(dc) to To add or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in (i) global form or (ii) bearer form, registerable registrable or not registerable registrable as to principal or principal and interestprincipal, and with or without interest coupons;
(ed) to To change or eliminate any of the provisions of this Indenture; provided, however, that any such change or elimination shall become effective only when there is no Security of any series Outstanding outstanding created prior to the execution of such Supplemental Indenture supplemental indenture which is entitled to the benefit of such provision;
(fe) to To establish the form or terms of Securities of any series as permitted by Sections Section 2.01 and 2.032.02;
(gf) to appoint, at the request of the Trustee, a successor Trustee for a particular series of Securities to act as such pursuant to the provisions of this Indenture and to add to or change the provisions of this Indenture to such extent as shall be necessary to facilitate the performance of the duties of such trustee; and
(h) to To cure any ambiguity or to correct or supplement any provisions provision contained herein or in any Supplemental Indenture supplemental indenture which may be defective or inconsistent with any other provision provisions contained herein or in any Supplemental Indenturesupplemental indenture, or to make such other provisions provision in regard to matters or questions arising under this Indenture or any Supplemental Indenture supplemental indenture which shall not adversely affect the interests of the Holders holders of the Securities; provided, however, that such action shall not adversely affect the interest of the holders of Securities of any series in any material respect or, in the case of the Securities of a series issued to an Aon Trust and for so long as any of the corresponding series of Preferred Securities issued by such Aon Trust shall remain outstanding, the holders of such Preferred Securities;
(g) To mortgage or pledge to the Trustee as security for the Securities any property or assets which the Company or the Guarantors, as applicable, may desire to mortgage or pledge as security for the Securities; and
(h) To qualify, or maintain the qualification of, the Indenture under the Trust Indenture Act. The Trustee is hereby authorized to join with the Company and each of the Guarantors in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations which may be therein contained and to accept the conveyance, transfer, mortgage, pledge or assignment of any property thereunder, but the Trustee shall not be obligated to enter into any such supplemental indenture which affects the Trustee's own rights, duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section may be executed by the Company, each Guarantor and the Trustee without the consent of the holders of any of the Securities at the time outstanding, notwithstanding any of the provisions of Section 10.02.
Appears in 1 contract
Samples: Indenture (Aon PLC)
Purposes for Which Supplemental Indentures May be Entered Into Without Consent of Securityholders. Without the consent The Company, when authorized by a Resolution of the Holders of any SecuritiesCompany, the Company and the Trustee may from time to time and at any time enter into an indenture or indentures supplemental hereto hereto, in form satisfactory to such Trustee (which shall comply with the provisions of the Trust Indenture Act of 1939 as then in effect) ), for one or more of the following purposes:
(a) to convey, transfer, assign, mortgage or pledge to the Trustee as security for the Securities of one or more series any property or assets;
(b) if deemed appropriate by the Company or required by law, to To evidence the succession of another Company corporation to the Company Company, or successive successions successions, and the assumption by the successor Company corporation of the covenants, agreements and obligations of the Company pursuant to Article Four Eleven hereof;
(cb) to To add to the covenants of the Company such further covenants, restrictions or conditions as its Board of Directors the Company and the Trustee shall consider to be for the protection of the Holders holders of all or any series of Securities (and if such covenants, restrictions or conditions are to be for the benefit of less than all series of Securities, stating that such covenants, restrictions or conditions are expressly being included solely for the benefit of such series), and to make the occurrence, or the occurrence and continuance, of a default in any such additional covenants, restrictions or conditions a default or an Event of Default permitting the enforcement of all or any of the several remedies provided in this Indenture as herein set forth; provided, however, that in respect to any such additional covenant, restriction or condition such Supplemental Indenture supplemental indenture may provide for a particular period of grace after default (which period may be shorter or longer than that allowed in the case of other defaults) or may provide for an immediate enforcement upon such default or may limit the remedies available to the Trustee upon such default;
(dc) to To add or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in (i) global form or (ii) bearer form, registerable registrable or not registerable registrable as to principal or principal and interestprincipal, and with or without interest coupons;
(ed) to To change or eliminate any of the provisions of this Indenture; provided, however, that any such change or elimination shall become effective only when there is no Security of any series Outstanding outstanding created prior to the execution of such Supplemental Indenture supplemental indenture which is entitled to the benefit of such provision;
(fe) to To establish the form or terms of Securities of any series as permitted by Sections 2.01 and 2.032.02;
(gf) to appoint, at the request of the Trustee, a successor Trustee for a particular series of Securities to act as such pursuant to the provisions of this Indenture and to add to or change the provisions of this Indenture to such extent as shall be necessary to facilitate the performance of the duties of such trustee; and
(h) to To cure any ambiguity or to correct or supplement any provisions provision contained herein or in any Supplemental Indenture supplemental indenture which may be defective or inconsistent with any other provision provisions contained herein or in any Supplemental Indenturesupplemental indenture, or to make such other provisions provision in regard to matters or questions arising under this Indenture or any Supplemental Indenture supplemental indenture which shall not adversely affect the interests of the Holders holders of the Securities; provided that such action shall not adversely affect the interest of the holders of Securities of any series in any material respect or, in the case of the Securities of a series issued to a Xxxxx Fargo Trust and for so long as any of the corresponding series of Preferred Securities issued by such Xxxxx Fargo Trust shall remain outstanding, the holders of such Preferred Securities;
(g) To mortgage or pledge to the Trustee as security for the Securities any property or assets which the Company may desire to mortgage or pledge as security for the Securities; and
(h) To qualify, or maintain the qualification of, the Indenture under the Trust Indenture Act. The Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations which may be therein contained and to accept the conveyance, transfer, mortgage, pledge or assignment of any property thereunder, but the Trustee shall not be obligated to enter into any such supplemental indenture which affects the Trustee's own rights, duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section may be executed by the Company and the Trustee without the consent of the holders of any of the Securities at the time outstanding, notwithstanding any of the provisions of Section 10.02.
Appears in 1 contract
Samples: Indenture (Wells Fargo Capital Iii)
