Purposes for Which. Supplemental Indentures May Be Entered --------------------------------------------------------- Into Without Consent of Securityholders. The Company, when authorized by a --------------------------------------- Resolution of the Company, and the Trustee may from time to time, and at any time enter into an indenture or indentures supplemental 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 evidence the succession of another corporation to the Company, or successive successions, and the assumption by the successor corporation of the covenants, agreements and obligations of the Company pursuant to Article XI hereof , provided, however, that as a condition to entering into any such supplemental indenture or indentures for any of the foregoing purposes, the Company shall have delivered to the Trustee an Opinion of Counsel to the effect that the holders of the Securities of all series then outstanding will not recognize income, gain or loss for United States federal income tax purposes as a result of the Company and the Trustee entering into such supplemental indenture or indentures, and that such holders will be subject to United States federal income tax on the same amounts, in the same manner and at the same times as would have been the case if the Company and the Trustee had not entered into such supplemental indenture or indentures; (b) To add to the covenants of the Company such further covenants, restrictions or conditions as the Company 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 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; (c) 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 bearer form, registrable or not registrable as to principal, and with or without interest coupons; (d) 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; (e) To establish the form or terms of Securities of any series as permitted by SECTION 2.01 and 2.02; (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 interests 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 DPL Trust and for so long as any of the corresponding series of Preferred Securities issued by such DPL 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 2 contracts
Samples: Indenture (DPL Inc), Indenture (DPL Inc)
Purposes for Which. Supplemental Indentures May Be Indenture may be Entered --------------------------------------------------------- Into Without into without Consent of SecurityholdersHolders. The Company, Company (when authorized by or pursuant to a --------------------------------------- Resolution of Board Resolution), the CompanyGuarantor (when authorized by or pursuant to a Board Resolution), and the Trustee may from time to time, time and at any time time, without the consent of Holders, enter into an indenture Indenture or indentures Indentures supplemental hereto, in form satisfactory to such Trustee hereto (which shall comply with conform to the provisions of the Trust Indenture Act TIA as in force at the date of 1939 as then in effect), the execution thereof) for one or more of the following purposes:
(a) To to evidence the succession pursuant to Article X of another corporation Person to the CompanyCompany or the Guarantor, or successive successions, and the assumption by the successor corporation Successor Company (as defined in Section 10.01) of the covenants, agreements and obligations of the Company pursuant to Article XI hereof , provided, however, that as a condition to entering into any such supplemental indenture or indentures for any of the foregoing purposes, the Company shall have delivered to the Trustee an Opinion of Counsel to the effect that the holders of the Securities of all series then outstanding will not recognize income, gain or loss for United States federal income tax purposes as a result of the Company Guarantor in this Indenture and the Trustee entering into such supplemental indenture or indentures, and that such holders will be subject to United States federal income tax on the same amounts, in the same manner and at Debt Securities or the same times as would have been the case if the Company and the Trustee had not entered into such supplemental indenture or indenturesGuarantees;
(b) To to surrender any right or power herein conferred upon the Company or the Guarantor, to add to the covenants of the Company or the Guarantor such further covenants, restrictions restrictions, conditions or conditions as the Company and the Trustee shall consider to be provisions for the protection of the holders Holders of all or any series of Debt Securities and the Coupons, if any, appertaining thereto (and if such covenants, restrictions or conditions covenants are to be for the benefit of less than all series of Debt Securities, stating that such covenants, restrictions or conditions covenants are expressly being included solely for the benefit of such series)) as the Board of Directors of the Company or the Guarantor, as the case may be, shall consider to be for the protection of the Holders of such Debt Securities, and to make the occurrence, or the occurrence and continuance, of a default Default in any of such additional covenants, restrictions restrictions, conditions or conditions provisions a default Default or an Event of Default permitting the enforcement of all or any of the several remedies provided in this Indenture as herein set forthIndenture; provided, however, that in respect to of any such additional covenant, restriction restriction, condition or condition provision such supplemental indenture Indenture may provide for a particular period of grace after default Default (which period may be shorter or longer than that allowed in the case of other defaultsDefaults) or may provide for an immediate enforcement upon such default Default or may limit the remedies available to the Trustee upon such Default or may limit the right of the Holders of a majority in aggregate principal amount of any or all series of Debt Securities to waive such default;
(c) To to cure any ambiguity or omission or to correct or supplement any provision contained herein, in any supplemental Indenture or in any Debt Securities of any series that may be defective or inconsistent with any other provision contained herein, in any supplemental Indenture or in the Debt Securities of such series; to convey, transfer, assign, mortgage or pledge any property to or with the Trustee, or to make such other provisions in regard to matters or questions arising under this Indenture as shall not adversely affect the interests of any Holders of Debt Securities of any series;
(d) to modify or amend this Indenture in such a manner as to permit the qualification of this Indenture or any Indenture supplemental hereto under the TIA as then in effect, except that nothing herein contained shall permit or authorize the inclusion in any Indenture supplemental hereto of the provisions referred to in Section 316(a)(2) of the TIA;
(e) to add to or change any of the provisions of this Indenture to such extent provide that Bearer Securities may be registerable as shall to principal, to change or eliminate any restrictions on the payment of principal of, or premium, if any, on, Registered Securities or of principal of, or premium, if any, or interest on, Bearer Securities or to permit Registered Securities to be necessary to exchanged for Bearer Securities or permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons;
(d) 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;
(e) To establish the form or terms of Debt Securities of any series as permitted by SECTION 2.01 and 2.02;
(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 indentureuncertificated form; provided, however, that any such action shall not adversely affect the interests of the holders Holders of Debt Securities or any Coupons of any series in any material respect or, in the case of the Securities of a series issued respect;
(f) to a DPL Trust and for so long as any of the corresponding series of Preferred Securities issued by such DPL Trust shall remain outstanding, the holders of such Preferred Securitiescomply with Article X;
(g) To mortgage to add Guarantees with respect to any or pledge all of the Debt Securities or to secure any or all of the Debt Securities or the Guarantees;
(h) to make provisions with respect to conversion or exchange rights of Holders of Debt Securities of any series;
(i) to make any change that does not adversely affect the rights of any Holder;
(j) to add to, change or eliminate any of the provisions of this Indenture in respect of one or more series of Debt Securities; provided, however, that any such addition, change or elimination not otherwise permitted under this Section 9.01 shall neither apply to any Debt Security of any series created prior to the Trustee as security execution of such supplemental Indenture and entitled to the benefit of such provision nor modify the rights of the Holder of any such Debt Security with respect to such provision or shall become effective only when there is no such Debt Security Outstanding;
(k) to evidence and provide for the acceptance of appointment hereunder by a successor or separate Trustee with respect to the Debt Securities of one or more series and to add to or change any property of the provisions of this Indenture as shall be necessary to provide for or assets which facilitate the Company may desire administration of the trusts hereunder by more than one Trustee;
(l) to mortgage establish the form or pledge terms of Debt Securities and Coupons, if any, of any series as security for the Securitiespermitted by Sections 2.01 and 2.06; and
(hm) To qualifyto provide for uncertificated Debt Securities in addition to or in place of certificated Debt Securities (provided that the uncertificated Debt Securities are issued in registered form for purposes of Section 163(f) of the Internal Revenue Code of 1986, as amended, or maintain in a manner such that the qualification ofuncertificated Debt Securities are described in Section 163(f)(2)(B) of the Internal Revenue Code of 1986, the Indenture under the Trust Indenture Actas amended). The Trustee is hereby authorized to join with the Company and the Guarantor in the execution of any such supplemental indentureIndenture, to make any further appropriate agreements and stipulations which may be therein contained and to accept the conveyance, transfer, mortgageassignment, mortgage or pledge or assignment of any property thereunder, but the Trustee shall not be obligated to enter into any such supplemental indenture Indenture which affects the Trustee's ’s own rights, duties or immunities under this Indenture or otherwise. Any supplemental indenture Indenture authorized by the provisions of this Section 9.01 may be executed by the Company Company, the Guarantor and the Trustee without the consent of the holders Holders of any of the Debt Securities or Coupons, if any, appertaining thereto at the time outstandingOutstanding, notwithstanding any of the provisions of SECTION 10.02Section 9.02. After an amendment under this Section 9.01 becomes effective, the Company shall mail to Holders of Debt Securities of each series affected thereby a notice briefly describing such amendment. The failure to give such notice to all such Holders, or any defect therein, shall not impair or affect the validity of an amendment under this Section 9.01.
Appears in 1 contract
Purposes for Which. Supplemental Indentures Meetings May Be Entered --------------------------------------------------------- Into Without Consent Called. --------------------------- A meeting of SecurityholdersHolders of Securities of one or more, or all, series, or any Tranche or Tranches thereof, may be called at any time and from time to time pursuant to this Article to make, give or take any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be made, given or taken by Holders of Securities of such series or Tranches. Section 1302. Call, Notice and Place of Meetings. ----------------------------------
(a) The CompanyTrustee may at any time call a meeting of Holders of Securities of one or more, when authorized by a --------------------------------------- Resolution or all, series, or any Tranche or Tranches thereof, for any purpose specified in Section 1301, to be held at such time and at such place in the Borough of Manhattan, The City of New York, as the Trustee shall determine, or, with the approval of the Company, at any other place. Notice of every such meeting setting forth the time and place of such meeting and in general terms the action proposed to be taken at such meeting, shall be given, in the manner provided in Section 106, not less than 21 nor more than 180 days prior to the date fixed for the meeting.
(b) If the Trustee shall have been requested to call a meeting of the Holders of Securities of one or more, or all, series, or any Tranche or Tranches thereof, by the Company or by the Holders of 33% in aggregate principal amount of all such series and Tranches, considered as one class, for any purpose specified in Section 1301, by written request setting forth in reasonable detail the action proposed to be taken at the meeting, and the Trustee shall not have given the notice of such meeting within 21 days after receipt of such request or shall not thereafter proceed to cause the meeting to be held as provided herein, then the Company or the Holders of Securities of such series and Tranches in the amount above specified, as the case may from be, may determine the time to timeand the place in the Borough of Manhattan, and at any time enter into an indenture The City of New York, or indentures supplemental hereto, in form satisfactory to such Trustee (which other place as shall comply with be determined or approved by the provisions of the Trust Indenture Act of 1939 as then in effect)Company, for one or more of the following purposes:
such meeting and may call such meeting for such purposes by giving notice thereof as provided in subsection (a) To evidence the succession of another corporation to the Companythis Section.
(c) Any meeting of Holders of Securities of one or more, or successive successionsall, and series, or any Tranche or Tranches thereof, shall be valid without notice if the assumption by the successor corporation Holders of the covenants, agreements and obligations of the Company pursuant to Article XI hereof , provided, however, that as a condition to entering into any such supplemental indenture or indentures for any of the foregoing purposes, the Company shall have delivered to the Trustee an Opinion of Counsel to the effect that the holders of the all Outstanding Securities of all such series then outstanding will not recognize income, gain or loss for United States federal income tax purposes as a result Tranche are present in person or by proxy and if representatives of the Company and the Trustee entering into are present, or if notice is waived in writing before or after the meeting by the Holders of all Outstanding Securities of such supplemental indenture series or indenturesTranche, or by such of them as are not present at the meeting in person or by proxy, and that such holders will be subject to United States federal income tax on the same amounts, in the same manner and at the same times as would have been the case if the Company and the Trustee had not entered into such supplemental indenture or indentures;
(b) To add to the covenants of the Company such further covenants, restrictions or conditions as the Company 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 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;
(c) 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 bearer form, registrable or not registrable as to principal, and with or without interest coupons;
(d) 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;
(e) To establish the form or terms of Securities of any series as permitted by SECTION 2.01 and 2.02;
(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 interests 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 DPL Trust and for so long as any of the corresponding series of Preferred Securities issued by such DPL 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 10.02Trustee.
Appears in 1 contract
Samples: Indenture (Energen Corp)
Purposes for Which. Supplemental Indentures May Be be Entered --------------------------------------------------------- Into Without Consent of Securityholders. The Company, when authorized by a --------------------------------------- Resolution Without the consent of the CompanyHolders of --------------------------------------- any Securities, the Company and the Trustee may from time to time, time and at any time enter into an indenture or indentures supplemental hereto, in form satisfactory to such Trustee 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 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 corporation Company to the Company, Company or successive successions, successions and the assumption by the successor corporation Company of the covenants, agreements and obligations of the Company pursuant to Article XI hereof , provided, however, that as a condition to entering into any such supplemental indenture or indentures for any of the foregoing purposes, the Company shall have delivered to the Trustee an Opinion of Counsel to the effect that the holders of the Securities of all series then outstanding will not recognize income, gain or loss for United States federal income tax purposes as a result of the Company and the Trustee entering into such supplemental indenture or indentures, and that such holders will be subject to United States federal income tax on the same amounts, in the same manner and at the same times as would have been the case if the Company and the Trustee had not entered into such supplemental indenture or indenturesFour hereof;
(bc) To to add to the covenants of the Company such further covenants, restrictions or conditions as the Company its Board of Directors and the Trustee shall consider to be for the protection of the holders 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 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;
(cd) 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, registrable registerable or not registrable registerable as to principalprincipal or principal and interest, and with or without interest coupons;
(de) 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;
(ef) To to establish the form or terms of Securities of any series or the Coupons appertaining to such Securities as permitted by SECTION Sections 2.01 and 2.022.03;
(fg) To 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 provision provisions contained herein or in any supplemental indenture Supplemental Indenture which may be defective or inconsistent with any other provisions provision contained herein or in any supplemental indentureSupplemental Indenture, or to make such other provision provisions in regard to matters or questions arising under this Indenture or any supplemental indenture; provided, however, that such action Supplemental Indenture which shall not adversely affect the interests of the holders of Securities of any series in any material respect or, in the case Holders of the Securities of a series issued to a DPL Trust and for so long as any of the corresponding series of Preferred Securities issued by such DPL 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 10.02Coupons.
Appears in 1 contract
Purposes for Which. Supplemental Indentures Indenture May Be ------------------------------------------------ Entered --------------------------------------------------------- Into into Without Consent of SecurityholdersHolders. The Company, when authorized by a --------------------------------------- Resolution of the Company, Company and the Trustee may from --------------------------------------- time to time, time and at any time time, without the consent of Holders, enter into an indenture or indentures supplemental hereto, in form satisfactory to such Trustee hereto (which shall comply with conform to the provisions of the Trust Indenture Act as in force at the date of 1939 as then in effect), the execution thereof) for one or more of the following purposes:
(a) To to evidence the succession pursuant to Article X of another corporation Person to the Company, or successive successions, and the assumption by the successor corporation Successor Company (as defined in Section 10.01) of the covenants, agreements and obligations of the Company pursuant to Article XI hereof , provided, however, that as a condition to entering into any such supplemental indenture or indentures for any of the foregoing purposes, the Company shall have delivered to the Trustee an Opinion of Counsel to the effect that the holders of the Securities of all series then outstanding will not recognize income, gain or loss for United States federal income tax purposes as a result of the Company in this Indenture and the Trustee entering into such supplemental indenture or indentures, and that such holders will be subject to United States federal income tax on the same amounts, in the same manner and at the same times as would have been the case if the Company and the Trustee had not entered into such supplemental indenture or indenturesDebt Securities;
(b) To to surrender any right or power herein conferred upon the Company, to add to the covenants of the Company such further covenants, restrictions restrictions, conditions or conditions as the Company and the Trustee shall consider to be provisions for the protection of the holders Holders of all or any series of Debt Securities and the Coupons, if any, appertaining thereto (and if such covenants, restrictions or conditions covenants are to be for the benefit of less than all series of Debt 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 Default in any of such additional covenants, restrictions restrictions, conditions or conditions provisions a default Default or an Event of Default permitting the enforcement of all or any of the several remedies provided in this Indenture as herein set forthIndenture; provided, however, that in respect to of any such additional covenant, restriction restriction, -------- condition or condition provision such supplemental indenture may provide for a particular period of grace after default Default (which period may be shorter or longer than that allowed in the case of other defaultsDefaults) or may provide for an immediate enforcement upon such default Default or may limit the remedies available right of the Holders of a majority in aggregate principal amount of any or all series of Debt Securities to the Trustee upon waive such default;
(c) 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 bearer form, registrable or not registrable as to principal, and with or without interest coupons;
(d) 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;
(e) To establish the form or terms of Securities of any series as permitted by SECTION 2.01 and 2.02;
(f) To cure any ambiguity or to correct or supplement any provision contained herein or herein, in any supplemental indenture which or in any Debt Security of any series that may be defective or inconsistent with any other provisions provision contained herein or herein, in any supplemental indentureindenture or in the Debt Securities of such series; to convey, transfer, assign, mortgage or pledge any property to or with the Trustee, or to make such other provision provisions in regard to matters or questions arising under this Indenture, provided that any such action shall not adversely affect the interests of any Holders of Debt Securities of any series;
(d) to modify or amend this Indenture in such a manner as to permit the qualification of this Indenture or any Indenture supplemental indenturehereto under the Trust Indenture Act as then in effect, except that nothing herein contained shall permit or authorize the inclusion in any Indenture supplemental hereto of the provisions referred to in Section 316(a)(2) of the Trust Indenture Act;
(e) to add to or change any of the provisions of this Indenture to provide that Bearer Securities may be registerable as to principal, to change or eliminate any restrictions on the payment of principal of, or premium, if any, on, Registered Securities or of principal of, or premium, if any, or interest on, Bearer Securities or to permit Registered Securities to be exchanged for Bearer Securities; provided, however, that any such action shall not adversely affect the interests of the holders Holders of Debt Securities or any Coupons of any series in any material respect or, in or permit or facilitate the case issuance of the Debt Securities of a any series issued in uncertificated form;
(f) to a DPL Trust and for so long as any of the corresponding series of Preferred Securities issued by such DPL Trust shall remain outstanding, the holders of such Preferred Securitiescomply with Article X;
(g) To mortgage or pledge to add guarantees with respect to the Trustee as security for Debt Securities or to secure the Securities any property or assets which the Company may desire to mortgage or pledge as security for the Debt 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 change that does not adversely affect the conveyance, transfer, mortgage, pledge or assignment rights of any property thereunderHolder;
(i) to add to, but the Trustee shall not be obligated to enter into any such supplemental indenture which affects the Trustee's own rights, duties change 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 eliminate any of the provisions of SECTION 10.02this Indenture in respect of one or more series of Debt Securities; provided, -------- however, that any such addition, change or elimination (i) shall neither (A) ------- apply to any Debt Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Debt Security with respect to such provision or (ii) shall become effective only when there is no such Debt Security Outstanding;
(j) to evidence and provide for the acceptance of appointment hereunder by a successor Trustee with respect to the Debt 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; and
(k) to establish the form or terms of Debt Securities and Coupons, if any, of any series as permitted by Sections 2.01 and 2.
Appears in 1 contract