Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Certificate from the Issuer certifying that the requisite principal amount of Notes have consented. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Issuer or the Trustee of consents by the Holders of the requisite principal amount of securities, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer and the Trustee. (b) The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 29 contracts
Samples: Indenture (Intelsat S.A.), Indenture (Intelsat S.A.), Indenture (Intelsat S.A.)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder holder of a Note shall bind the Holder holder and every subsequent Holder holder of that Note or portion of the Note that evidences the same debt as the consenting Holderholder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder holder or subsequent Holder holder may revoke the consent or waiver as to such Holderholder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Certificate from the Issuer Company certifying that the requisite principal amount of Notes have consented. After an amendment or waiver becomes effective, it shall bind every Holderholder. An amendment or waiver becomes effective upon the (i) receipt by the Issuer Company or the Trustee of consents by the Holders holders of the requisite principal amount of securities, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer Company, the Guarantors and the Trustee.
(b) The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 15 contracts
Samples: Indenture (XPO, Inc.), Indenture (XPO, Inc.), Indenture (XPO, Inc.)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Indenture Trustee receives the notice of revocation before the date on which the Indenture Trustee receives an Officers’ Certificate from the Issuer certifying that the requisite principal amount of Notes have consented. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Issuer or the Indenture Trustee of consents by the Holders of the requisite principal amount of securitiesNotes, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and waiver, (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer and the TrusteeIndenture Trustee and (iv) delivery to the Indenture Trustee of each Officers’ Certificate and Opinion of Counsel required under Section 8.05 and Article 10 hereof.
(b) The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraphSection 8.03(a), those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 15 contracts
Samples: Master Transaction Agreement (Emergent Capital, Inc.), Master Transaction Agreement (Emergent Capital, Inc.), Master Transaction Agreement (Emergent Capital, Inc.)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note Security shall bind the Holder and every subsequent Holder of that Note Security or portion of the Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent or waiver is not made on the NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note 's Security or portion of the Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ ' Certificate from the Issuer Company certifying that the requisite principal amount number of Notes consents have consentedbeen received. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Issuer Company or the Trustee of consents by the Holders of the requisite principal amount number of securitiesconsents, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer Company and the Trustee.
(b) The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 14 contracts
Samples: Indenture (TRW Automotive Inc), Indenture (TRW Automotive Inc), Indenture (TRW Automotive Inc)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note Security shall bind the Holder and every subsequent Holder of that Note Security or portion of the Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent or waiver is not made on the NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note Security or portion of the Note Security if the Trustee receives the written notice of revocation delivered in accordance with Section 13.02 before the date on which the Trustee receives an Officers’ Certificate from the Issuer certifying that the requisite principal amount of Notes Securities have consented. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Issuer or the Trustee of consents by the Holders of the requisite principal amount of securities, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer and the Trustee.
(b) The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 14 contracts
Samples: Indenture (Berry Global Group, Inc.), Indenture (Berry Global Group, Inc.), Indenture (Berry Global Group, Inc.)
Revocation and Effect of Consents and Waivers. (a) A written consent to an amendment or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note Notes that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the written consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Officer’s Certificate from the Issuer Company certifying that the requisite principal amount number of Notes consents have consentedbeen received. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Issuer Issuers or the Trustee of consents by the Holders of the requisite principal amount number of securitiesconsents, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer Issuers and the Trustee.
(b) The Issuer Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their written consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraphSection 9.03(a), those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 13 contracts
Samples: Senior Indenture (NXP Semiconductors N.V.), Senior Indenture (NXP Semiconductors N.V.), Senior Indenture (NXP Semiconductors N.V.)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note Security shall bind the Holder and every subsequent Holder of that Note Security or portion of the Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent or waiver is not made on the NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note Security or portion of the Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Certificate from the Issuer certifying that the requisite principal amount of Notes have consentedamendment or waiver becomes effective. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Issuer or the Trustee of consents by the Holders of the requisite principal amount of securities, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer and the Trustee.
(b) . The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. Such record date shall be a date not more than 30 days prior to the first solicitation of Holders generally in connection therewith and no later than the date such solicitation is completed. If a record date is fixed, then notwithstanding the immediately preceding paragraphparagraph or Section 316(c) of the TIA, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 180 days after such record date. For all purposes of this Indenture, all Initial Securities, Additional Securities of the same series, Exchange Securities for the same series of Securities and Private Exchange Securities for the same series of Securities shall vote together as one series of Securities under this Indenture.
Appears in 12 contracts
Samples: Indenture (Amc Entertainment Holdings, Inc.), Indenture (National CineMedia, LLC), Indenture (Amc Entertainment Holdings, Inc.)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note Security shall bind the Holder and every subsequent Holder of that Note Security or portion of the Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent or waiver is not made on the NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note Security or portion of the Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Officer’s Certificate from the Issuer Issuers certifying that the requisite principal amount of Notes Securities have consented. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Issuer Issuers or the Trustee of consents by the Holders of the requisite principal amount of securitiesSecurities, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer Issuers, the Guarantors and the Trustee.
(b) The Issuer Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 12 contracts
Samples: Indenture (Albertsons Companies, Inc.), Indenture, Indenture (Albertsons Companies, Inc.)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note Security shall be in writing and bind the Holder and every subsequent Holder of that Note Security or portion of the Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent or waiver is not made on the NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note Security or portion of the Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Certificate from the Issuer certifying that the requisite principal amount of Notes have consentedamendment or waiver becomes effective. After an amendment or waiver becomes effectiveeffective with respect to a series of Securities, it shall bind every HolderHolder of Securities of such series. An amendment or waiver becomes effective upon For purposes of this Indenture, the (i) receipt by the Issuer or the Trustee of consents by the Holders written consent of the requisite principal amount Holder of securitiesa Global Security shall be deemed to include any consent delivered by an Agent Member by electronic means in accordance with the Automated Tender Offer Procedures system or other customary procedures of, (ii) satisfaction of conditions and pursuant to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer and the Trustee.
(b) authorization by, DTC. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. The Trustee may, but shall not be obligated to, fix a record date for the purpose of determining the Holders of Securities of any series entitled to join in the giving, making or taking of (i) any notice permit to Section 6.1(4) or otherwise of any Default, (ii) any declaration of acceleration pursuant to Section 6.2, (iii) any request to institute proceedings pursuant to Section 6.6(2), or (iv) any direction referred to in Section 6.5, in each case with respect to such series. If a record date is so fixed, then notwithstanding the immediately second preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be become valid or effective for more than 120 180 days after such record date.
Appears in 10 contracts
Samples: Indenture (Ross Stores Inc), Indenture (Ross Stores Inc), Indenture (Cummins Inc)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder holder of a Note shall bind the Holder holder and every subsequent Holder holder of that Note or portion of the Note that evidences the same debt as the consenting Holderholder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder holder or subsequent Holder holder may revoke the consent or waiver as to such Holderholder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Certificate from the Issuer certifying that the requisite principal amount of Notes have consented. After an amendment or waiver becomes effective, it shall bind every Holderholder. An amendment or waiver becomes effective upon the (i) receipt by the Issuer or the Trustee of consents by the Holders holders of the requisite principal amount of securities, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer and the Trustee.
(b) The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 9 contracts
Samples: Indenture (CAESARS ENTERTAINMENT Corp), Indenture (CAESARS ENTERTAINMENT Corp), Indenture (Mariner, LLC)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder holder of a Note shall bind the Holder holder and every subsequent Holder holder of that Note or portion of the Note that evidences the same debt as the consenting Holderholder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder holder or subsequent Holder holder may revoke the consent or waiver as to such Holderholder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Certificate from the Issuer Holdings certifying that the requisite principal amount of Notes have consented. After an amendment or waiver becomes effective, it shall bind every Holderholder. An amendment or waiver becomes effective upon the (i) receipt by the Issuer Issuers or the Trustee of consents by the Holders holders of the requisite principal amount of securities, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer Issuers and the Trustee.
(b) The Issuer Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 9 contracts
Samples: Indenture (EP Energy Corp), Indenture (EP Energy Corp), Indenture (Everest Acquisition Finance Inc.)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note Security shall bind the Holder and every subsequent Holder of that Note Security or portion of the Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent or waiver is not made on the NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note Security or portion of the Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Certificate from the Issuer Issuers certifying that the requisite principal amount of Notes Securities have consented. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Issuer or Issuers, with copies of such consents provided to the Trustee Trustee, of consents by the Holders of the requisite principal amount of securities, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer Issuers and the Trustee.
(b) The Issuer Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 9 contracts
Samples: Merger Agreement, Indenture (Verso Paper Holdings LLC), Indenture (Verso Paper Holdings LLC)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note Security shall bind the Holder and every subsequent Holder of that Note Security or portion of the Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent or waiver is not made on the NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note Security or portion of the Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Certificate from the Issuer Company certifying that the requisite principal amount of Notes Securities have consented. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Issuer Company or the Trustee of consents by the Holders of the requisite principal amount of securities, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer Company and the Trustee.
(b) The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 8 contracts
Samples: Indenture (Phoenix Consulting Group, LLC), Indenture (Nalco Holding CO), Indenture (TPC Group Inc.)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder holder of a Note shall bind the Holder holder and every subsequent Holder holder of that Note or portion of the Note that evidences the same debt as the consenting Holderholder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder holder or subsequent Holder holder may revoke the consent or waiver as to such Holderholder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Officer’s Certificate from the Issuer Issuers certifying that the requisite principal amount of Notes have consented. After an amendment or waiver becomes effective, it shall bind every Holderholder. An amendment or waiver becomes effective upon the (i) receipt by the Issuer Issuers or the Trustee of consents by the Holders holders of the requisite principal amount of securities, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer Issuers and the Trustee.
(b) The Issuer Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 8 contracts
Samples: Indenture (ADT Inc.), Indenture (ADT, Inc.), Indenture (ADT, Inc.)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment amendment, supplement or a waiver by a Holder of a Note Security shall bind the Holder and every subsequent Holder of that Note Security or portion of the Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent or waiver is not made on the NoteSecurity. However, any Any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note Security or portion of the Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Certificate from the Issuer certifying that the requisite principal amount of Notes have consentedamendment, supplement or waiver becomes effective or otherwise in accordance with any related solicitation documents. After an amendment amendment, supplement or waiver becomes effective, it shall bind every Securityholder unless it makes a change described in any of clauses (1) through (9) of Section 9.2, and in that case the amendment, supplement, waiver or other action shall bind each Securityholder who has consented to it and every subsequent Securityholder that evidences the same debt as the consenting Holder’s Securities. An amendment amendment, supplement or waiver becomes under Section 9.2 shall become effective upon the (i) receipt by the Issuer or the Trustee of consents by the Holders of the requisite principal amount number of securitiesconsents, (ii) satisfaction and in relation to any Securities evidenced by Global Securities, such consents need not be in written form and may be evidenced by any electronic transmissions that comport with the applicable procedures of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer and the Trustee.
(b) DTC. The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders Securityholders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders Securityholders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be become valid or effective for more than 120 days after such record date.
Appears in 8 contracts
Samples: Indenture (ANTERO RESOURCES Corp), Indenture (ANTERO RESOURCES Corp), Indenture (ANTERO RESOURCES Corp)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder holder of a Note shall bind the Holder holder and every subsequent Holder holder of that Note or portion of the Note that evidences the same debt as the consenting Holderholder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder holder or subsequent Holder holder may revoke the consent or waiver as to such Holderholder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Officer’s Certificate from the Issuer certifying that the requisite principal amount of Notes have consented. After an amendment or waiver becomes effective, it shall bind every Holderholder. An amendment or waiver becomes effective upon the (i) receipt by the Issuer or the Trustee of consents by the Holders holders of the requisite principal amount of securities, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer Issuer, the Guarantors and the Trustee.
(b) The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 7 contracts
Samples: Indenture (Rackspace Technology, Inc.), Indenture (Chart Industries Inc), Indenture (Chart Industries Inc)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder holder of a Note shall bind the Holder holder and every subsequent Holder holder of that Note or portion of the Note that evidences the same debt as the consenting Holderholder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder holder or subsequent Holder holder may revoke the consent or waiver as to such Holderholder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Officer’s Certificate from the Issuer certifying that the requisite principal amount of Notes have consented. After an amendment or waiver becomes effective, it shall bind every Holderholder. An amendment or waiver becomes effective upon the (i) receipt by the Issuer or the Trustee of consents by the Holders holders of the requisite principal amount of securities, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer Issuer, the Subsidiary Guarantors and the Trustee.
(b) The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 7 contracts
Samples: Indenture (SeaWorld Entertainment, Inc.), Indenture (Adtalem Global Education Inc.), Indenture (Rackspace Technology, Inc.)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note Security shall bind the Holder and every subsequent Holder of that Note Security or portion of the Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent or waiver is not made on the NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note Security or portion of the Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Certificate from the Issuer Issuers certifying that the requisite principal amount of Notes Securities have consented. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Issuer Issuers or the Trustee of consents by the Holders of the requisite principal amount of securities, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer Issuers and the Trustee.
(b) The Issuer Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 7 contracts
Samples: Third Supplemental Indenture (Verso Paper Corp.), Indenture (RBS Global Inc), Indenture (Rexnord Corp)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment amendment, supplement or a waiver by a Holder of a Note Security shall bind the Holder and every subsequent Holder of that Note Security or portion of the Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent or waiver is not made on the NoteSecurity. However, any Any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note Security or portion of the Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Certificate from the Issuer certifying that the requisite principal amount of Notes have consentedamendment, supplement or waiver becomes effective or otherwise in accordance with any related solicitation documents. After an amendment amendment, supplement or waiver becomes effective, it shall bind every Holder unless it makes a change described in any of clauses (1) through (9) of Section 9.2, in which case the amendment, supplement, waiver or other action shall bind each Holder who has consented to it and every subsequent Holder that evidences the same debt as the consenting Holder’s Securities. An amendment amendment, supplement or waiver becomes shall become effective upon the (i) receipt by the Issuer or the Trustee of consents by the Holders of the requisite principal amount number of securities, (ii) satisfaction of conditions to effectiveness written consents under Section 9.1 or 9.2 as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer and the Trustee.
(b) applicable. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be become valid or effective for more than 120 days after such record date.
Appears in 6 contracts
Samples: Indenture (Gibraltar Industries, Inc.), Indenture (Libbey Inc), Indenture (Libbey Inc)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Certificate from the Issuer Issuers certifying that the requisite principal amount of Notes have consented. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Issuer Issuers or the Trustee of consents by the Holders of the requisite principal amount of securities, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer Issuers and the Trustee.
(b) The Issuer Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 6 contracts
Samples: Indenture (Momentive Specialty Chemicals Inc.), Indenture (Hexion Specialty Chemicals, Inc.), Indenture (Rural Metro Corp /De/)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the written notice of revocation at the Corporate Trust Office of the Trustee before the date on which the Trustee receives an Officers’ Certificate from the Issuer certifying that the requisite principal amount of Notes have consentedamendment or waiver becomes effective. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Issuer or the Trustee of consents by the Holders of the requisite principal amount number of securitiesconsents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indentureGuarantee Agreement) by the Issuer Issuer, the Company and the Trustee.
(b) The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 90 days after such record date.
Appears in 6 contracts
Samples: Indenture (Alcoa Corp), Indenture (Alcoa Corp), Indenture (Alcoa Corp)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or supplemental indenture or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Certificate from the Issuer Company certifying that the requisite principal amount number of Notes consents have consentedbeen received. After an amendment or supplemental indenture or waiver becomes effective, it shall bind every Holder. An amendment or supplemental indenture or waiver becomes effective upon the (i) receipt by the Issuer Company or the Trustee of consents by the Holders of the requisite principal amount number of securitiesconsents, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or supplemental indenture or waiver (or supplemental indenture) by the Issuer Company and the Trustee.
(b) The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraphSection 9.04(a), those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 6 contracts
Samples: Indenture (Qorvo, Inc.), Indenture (Qorvo, Inc.), Indenture (Qorvo, Inc.)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note Security shall bind the Holder and every subsequent Holder of that Note Security or portion of the Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent or waiver is not made on the NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note Security or portion of the Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Officer’s Certificate from the Issuer Company certifying that the requisite principal amount of Notes Securities have consented. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Issuer Company or the Trustee of consents by the Holders of the requisite principal amount of securities, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer Company and the Trustee.
(b) The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 5 contracts
Samples: Indenture (Momentive Performance Materials Inc.), Indenture (MPM Silicones, LLC), Indenture (MPM Silicones, LLC)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Officer’s Certificate from the Issuer Company certifying that the requisite principal amount of Notes have consented. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Issuer Company or the Trustee of consents by the Holders of the requisite principal amount of securities, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer Company and the Trustee.
(b) The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 5 contracts
Samples: Indenture (Momentive Performance Materials Inc.), Indenture (Momentive Performance Materials Inc.), Indenture (Global Brass & Copper Holdings, Inc.)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note Security shall bind the Holder and every subsequent Holder of that Note Security or portion of the Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent or waiver is not made on the NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note 's Security or portion of the Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ ' Certificate from the Issuer Issuers certifying that the requisite principal amount number of Notes consents have consentedbeen received. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Issuer Issuers or the Trustee of consents by the Holders of the requisite principal amount number of securitiesconsents, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer Issuers and the Trustee.
(b) The Issuer Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 4 contracts
Samples: Indenture (Dex Media International Inc), Indenture (Dex Media International Inc), Indenture (Dex Media Inc)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder holder of a Note shall bind the Holder holder and every subsequent Holder holder of that Note or portion of the Note that evidences the same debt as the consenting Holderholder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder holder or subsequent Holder holder may revoke the consent or waiver as to such Holderholder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Certificate from the Issuer certifying that the requisite principal amount of Notes have consented. After an amendment or waiver becomes effective, it shall bind every Holderholder. An amendment or waiver becomes effective upon the (i) receipt by the Issuer or the Trustee of consents by the Holders holders of the requisite principal amount of securities, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer Issuer, the Subsidiary Guarantors and the Trustee.
(b) The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 4 contracts
Samples: Indenture (Talos Energy Inc.), Indenture (Talos Energy Inc.), Indenture (Talos Energy Inc.)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment amendment, supplement or a waiver by a Holder of a Note Security shall bind the Holder and every subsequent Holder of that Note Security or portion of the Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent consent, supplement or waiver is not made on the NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent consent, supplement or waiver as to such Holder’s Note Security or portion of the Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Certificate from the Issuer certifying that the requisite principal amount of Notes Securities have consented. After an amendment amendment, supplement or waiver becomes effective, it shall bind every Holder. An amendment amendment, supplement or waiver becomes effective upon the (i) receipt by the Issuer or the Trustee of consents by the Holders of the requisite principal amount of securitiesSecurities, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment amendment, supplement or waiver and waiver, (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer and the TrusteeTrustee and (iv) delivery to the Trustee of the Officers’ Certificate and Opinion of Counsel required under Article 12.
(b) The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraphSection 9.03(a), those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 4 contracts
Samples: Indenture (Vivus Inc), Indenture (Sorrento Therapeutics, Inc.), Indenture (Quotient LTD)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note Security shall bind the Holder and every subsequent Holder of that Note Security or portion of the Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent or waiver is not made on the NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note Security or portion of the Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Officer’s Certificate from the Issuer certifying that the requisite principal amount of Notes Securities have consented. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Issuer or the Trustee of consents by the Holders of the requisite principal amount of securities, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer and the Trustee.
(b) The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 4 contracts
Samples: Indenture (Constellium Se), Indenture (Constellium N.V.), Indenture (Constellium N.V.)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Senior Note shall bind the Holder and every subsequent Holder of that Senior Note or portion of the Senior Note that evidences the same debt as the consenting Holder’s Senior Note, even if notation of the consent or waiver is not made on the Senior Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Senior Note or portion of the Senior Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Certificate from the each Issuer certifying that the requisite principal amount of Senior Notes have consented. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Issuer Issuers or the Trustee of consents by the Holders Senior Notes of the requisite principal amount of securitiesSenior Notes, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture Section 13.03 and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer Issuers and the Trustee.
(b) The Issuer Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Senior Notes Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraphclause (a) of this Section 9.04, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 3 contracts
Samples: Senior Notes Indenture (Reynolds Group Holdings LTD), Senior Notes Indenture (Beverage Packaging Holdings (Luxembourg) IV S.a r.l.), Senior Notes Indenture (RenPac Holdings Inc.)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder holder of a Note shall bind the Holder holder and every subsequent Holder holder of that Note or portion of the Note that evidences the same debt as the consenting Holderholder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder holder or subsequent Holder holder may revoke the consent or waiver as to such Holderholder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Officer’s Certificate from the Issuer Company certifying that the requisite principal amount of Notes have consented. After an amendment or waiver becomes effective, it shall bind every Holderholder. An amendment or waiver becomes effective upon the (i) receipt by the Issuer Company or the Trustee of consents by the Holders holders of the requisite principal amount of securities, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer Company, the Guarantors and the Trustee.
(b) The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 3 contracts
Samples: Indenture (Gap Inc), Indenture (Abercrombie & Fitch Co /De/), Indenture (Gap Inc)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment amendment, supplement or a waiver by a Holder of a Note Security shall bind the Holder and every subsequent Holder of that Note Security or portion of the Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent or waiver is not made on the NoteSecurity. However, any Any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note Security or portion of the Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Certificate from the Issuer certifying that the requisite principal amount of Notes have consentedamendment, supplement or waiver becomes effective or otherwise in accordance with any related solicitation documents. After an amendment amendment, supplement or waiver becomes effective, it shall bind every Securityholder unless it makes a change described in any of clauses (1) through (9) of Section 9.2, in that case the amendment, supplement, waiver or other action shall bind each Securityholder who has consented to it and every subsequent Securityholder that evidences the same debt as the consenting Holder’s Securities. An amendment amendment, supplement or waiver becomes shall become effective upon the (i) receipt by the Issuer or the Trustee of consents by the Holders of the requisite principal amount number of securities, (ii) satisfaction of conditions to effectiveness written consents under Section 9.1 or 9.2 as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer and the Trustee.
(b) applicable. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders Securityholders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders Securityholders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be become valid or effective for more than 120 days after such record date.
Appears in 3 contracts
Samples: Indenture (Cellu Tissue - CityForest LLC), Indenture (Coastal Paper CO), Indenture (Cellu Tissue Holdings, Inc.)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Certificate from the Issuer certifying that the requisite principal amount of Notes have consented. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Issuer or the Trustee of consents by the Holders of the requisite principal amount of securitiesNotes, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer and the Trustee.
(b) The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 3 contracts
Samples: Indenture (Affinion Group, Inc.), Indenture (Affinion Group, Inc.), Indenture (Intelsat LTD)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder holder of a Note shall bind the Holder holder and every subsequent Holder holder of that Note or portion of the Note that evidences the same debt as the consenting Holderholder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder holder or subsequent Holder holder may revoke the consent or waiver as to such Holderholder’s Note or portion of the Note if the Second Lien Trustee receives the notice of revocation before the date on which the Second Lien Trustee receives an Officers’ Certificate from the Issuer certifying that the requisite principal amount of Notes have consented. After an amendment or waiver becomes effectiveeffective with respect to the Notes, it shall bind every Holderholder of Notes. An amendment or waiver becomes effective upon the (i) receipt by the Issuer or the Second Lien Trustee of consents by the Holders holders of the requisite principal amount of securitiesNotes, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer Issuers, the Guarantors and the Second Lien Trustee.
(b) The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders holders of Notes entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders holders of the Notes at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders holders of the Notes after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 3 contracts
Samples: Indenture (Mallinckrodt PLC), Indenture (Mallinckrodt PLC), Indenture (Mallinckrodt PLC)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder holder of a Note shall bind the Holder holder and every subsequent Holder holder of that Note or portion of the Note that evidences the same debt as the consenting Holderholder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder holder or subsequent Holder holder may revoke the consent or waiver as to such Holderholder’s Note or portion of the Note if the First Lien Trustee receives the notice of revocation before the date on which the First Lien Trustee receives an Officers’ Certificate from the Issuer certifying that the requisite principal amount of Notes have consented. After an amendment or waiver becomes effectiveeffective with respect to the Notes, it shall bind every Holderholder of Notes. An amendment or waiver becomes effective upon the (i) receipt by the Issuer or the First Lien Trustee of consents by the Holders holders of the requisite principal amount of securitiesNotes, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer Issuers, the Guarantors and the First Lien Trustee.
(b) The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders holders of Notes entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders holders of the Notes at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders holders of the Notes after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 3 contracts
Samples: Indenture (Mallinckrodt PLC), Exchange Agreement (Mallinckrodt PLC), Indenture (Mallinckrodt PLC)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note Security shall bind the Holder and every subsequent Holder of that Note Security or portion of the Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent or waiver is not made on the NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note 's Security or portion of the Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Certificate from the Issuer certifying that the requisite principal amount of Notes have consentedamendment or waiver becomes effective. After an amendment or waiver becomes effective, it shall bind every HolderSecurityholder. An amendment or waiver becomes effective upon the (i) receipt by the Issuer or the Trustee of consents by the Holders of the requisite principal amount of securities, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer and the Trustee.
(b) . The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders Securityholders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. Such record date shall be a date not more than 30 days prior to the first solicitation of holders generally in connection therewith and no later than the date such solicitation is completed. If a record date is fixed, then notwithstanding the immediately preceding paragraphparagraph or Section 316(c) of the TIA, those Persons who were Holders Securityholders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 180 days after such record date. For all purposes of this Indenture, all Initial Securities, Additional Securities of the same series, Exchange Securities for the same series of Securities and Private Exchange Securities for the same series of Securities shall vote together as one series of Securities under this Indenture.
Appears in 3 contracts
Samples: Indenture (Amc Entertainment Inc), Indenture (Amc Entertainment Inc), Indenture (Marquee Holdings Inc.)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Officer’s Certificate from the Issuer certifying that the requisite principal amount of Notes have consented. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Issuer or the Trustee of consents by the Holders of the requisite principal amount of securities, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer and the Trustee.
(b) The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 3 contracts
Samples: Indenture (Momentive Performance Materials Quartz, Inc.), Indenture (Momentive Performance Materials Quartz, Inc.), Indenture (Momentive Performance Materials Inc.)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note Security shall bind the Holder and every subsequent Holder of that Note Security or portion of the Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent or waiver is not made on the NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note Security or portion of the Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Officer’s Certificate from the Issuer Issuers certifying that the requisite principal amount of Notes Securities have consented. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Issuer Issuers or the Trustee of consents by the Holders of the requisite principal amount of securities, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer Issuers and the Trustee.
(b) The Issuer Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 3 contracts
Samples: Indenture (Rexnord Corp), Indenture (Gates Global Inc.), Indenture (Gates Engineering & Services FZCO)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment amendment, supplement or a waiver by a Holder of a Note Security shall bind the Holder and every subsequent Holder of that Note Security or portion of the Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent or waiver is not made on the NoteSecurity. However, any Any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note Security or portion of the Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Certificate from the Issuer certifying that the requisite principal amount of Notes have consentedamendment, supplement or waiver becomes effective or otherwise in accordance with any related solicitation documents. After an amendment amendment, supplement or waiver becomes effective, it shall bind every Securityholder unless it makes a change described in any of clauses (1) through (10) of Section 9.2, and in that case the amendment, supplement, waiver or other action shall bind each Securityholder who has consented to it and every subsequent Securityholder that evidences the same debt as the consenting Holder’s Securities. An amendment amendment, supplement or waiver becomes under Section 9.2 shall become effective upon the (i) receipt by the Issuer or the Trustee of consents by the Holders of the requisite principal amount of securitiesconsents, (ii) satisfaction and in relation to any Securities evidenced by Global Securities, such consents need not be in written form and may be evidenced by any electronic transmissions that comport with the applicable procedures of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer and the Trustee.
(b) DTC. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders Securityholders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders Securityholders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be become valid or effective for more than 120 days after such record date.
Appears in 3 contracts
Samples: Indenture (CONSOL Mining Corp), Indenture (CONSOL Energy Inc), Indenture (CONSOL Energy Inc)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment amendment, supplement or a waiver by a Holder of a Note Security shall bind the Holder and every subsequent Holder of that Note Security or portion of the Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent or waiver is not made on the NoteSecurity. However, any Any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note Security or portion of the Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Certificate from the Issuer certifying that the requisite principal amount of Notes have consentedamendment, supplement or waiver becomes effective or otherwise in accordance with any related solicitation documents. After an amendment amendment, supplement or waiver becomes effective, it shall bind every Holder unless it makes a change described in any of clauses (1) through (10) of Section 9.2, and in that case the amendment, supplement, waiver or other action shall bind each Holder who has consented to it and every subsequent Holder that evidences the same debt as the consenting Holder’s Securities. An amendment amendment, supplement or waiver becomes under Section 9.2 shall become effective upon the (i) receipt by the Issuer or the Trustee of consents by the Holders of the requisite principal amount of securitiesconsents, (ii) satisfaction and in relation to any Securities evidenced by Global Securities, such consents need not be in written form and may be evidenced by any electronic transmissions that comport with the applicable procedures of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer and the Trustee.
(b) DTC. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be become valid or effective for more than 120 days after such record date.
Appears in 3 contracts
Samples: Indenture (CNX Resources Corp), Indenture (CNX Resources Corp), Indenture (CNX Resources Corp)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s 's Note or portion of the Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ ' Certificate from the Issuer Company certifying that the requisite principal amount number of Notes consents have consentedbeen received. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Issuer Company or the Trustee of consents by the Holders of the requisite principal amount number of securitiesconsents, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer Company and the Trustee.
(b) The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 3 contracts
Samples: Indenture (Berry Plastics Corp), Indenture (Veterinary Centers of America Inc), Indenture (Cincinnati Bell Inc)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder holder of a Note shall bind the Holder holder and every subsequent Holder holder of that Note or portion of the Note that evidences the same debt as the consenting Holderholder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder holder or subsequent Holder holder may revoke the consent or waiver as to such Holderholder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Officer’s Certificate from the Issuer certifying that the requisite principal amount of Notes have consented. After an amendment or waiver becomes effective, it shall bind every Holderholder. An amendment or waiver becomes effective upon the (i) receipt by the Issuer or the Trustee of consents by the Holders holders of the requisite principal amount of securities, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer and the Trustee.
(b) The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 3 contracts
Samples: Restructuring Support, Forbearance, and Settlement Agreement (CAESARS ENTERTAINMENT Corp), Indenture (TAMINCO ACQUISITION Corp), Indenture (TAMINCO ACQUISITION Corp)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder holder of a Note shall bind the Holder holder and every subsequent Holder holder of that Note or portion of the Note that evidences the same debt as the consenting Holderholder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder holder or subsequent Holder holder may revoke the consent or waiver as to such Holderholder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Officer’s Certificate from the Issuer certifying that the requisite principal amount of Notes have consented. After an amendment or waiver becomes effective, it shall bind every Holderholder. An amendment or waiver becomes effective upon the (i) receipt by the Issuer or the Trustee of consents by the Holders holders of the requisite principal amount of securities, (ii) satisfaction of conditions conditions, if any, to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer Issuer, the Guarantors and the Trustee.
(b) The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 3 contracts
Samples: Indenture (TopBuild Corp), Indenture (TopBuild Corp), Indenture (TopBuild Corp)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder holder of a Note shall bind the Holder holder and every subsequent Holder holder of that Note or portion of the Note that evidences the same debt as the consenting Holderholder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder holder or subsequent Holder holder may revoke the consent or waiver as to such Holderholder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Officer’s Certificate from the Issuer Issuers certifying that the requisite principal amount of Notes have consented. After an amendment or waiver becomes effective, it shall bind every Holderholder. An amendment or waiver becomes effective upon the (i) receipt by the Issuer Issuers or the Trustee of consents by the Holders holders of the requisite principal amount of securities, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer Issuers, the Subsidiary Guarantors and the Trustee.
(b) The Issuer Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 3 contracts
Samples: Indenture (Muzak Capital, LLC), Indenture (Muzak Capital, LLC), Indenture (Exela Technologies, Inc.)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s 's Note or portion of the Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ ' Certificate from the Issuer certifying that the requisite principal amount of Notes have consented. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Issuer or the Trustee of consents by the Holders of the requisite principal amount of securities, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer and the Trustee.
(b) The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 3 contracts
Samples: Indenture (Intelsat LTD), Indenture (PanAmSat Holding CORP), Indenture (Intelsat LTD)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment amendment, supplement or a waiver by a Holder of a Note Security shall bind the Holder and every subsequent Holder of that Note Security or portion of the Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent or waiver is not made on the NoteSecurity. However, any Any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note Security or portion of the Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Certificate from the Issuer certifying that the requisite principal amount of Notes have consentedamendment, supplement or waiver becomes effective or otherwise in accordance with any related solicitation documents. After an amendment amendment, supplement or waiver becomes effective, it shall bind every Securityholder unless it makes a change described in any of clauses (1) through (9) of Section 9.2, and in that case the amendment, supplement, waiver or other action shall bind each Securityholder who has consented to it and every subsequent Securityholder that evidences the same debt as the consenting Holder’s Securities. An amendment amendment, supplement or waiver becomes under Section 9.2 shall become effective upon the (i) receipt by the Issuer or the Trustee of consents by the Holders of the requisite principal amount number of securitiesconsents, (ii) satisfaction and in relation to any Securities evidenced by Global Securities, such consents need not be in written form and may be evidenced by any electronic transmissions that comport with the applicable procedures of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer and the Trustee.
(b) DTC. The Issuer Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders Securityholders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders Securityholders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be become valid or effective for more than 120 days after such record date.
Appears in 2 contracts
Samples: Indenture (Alta Mesa Holdings, LP), Indenture (Alta Mesa Energy LLC)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder holder of a Note shall bind the Holder holder and every subsequent Holder holder of that Note or portion of the Note that evidences the same debt as the consenting Holderholder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder holder or subsequent Holder holder may revoke the consent or waiver as to such Holderholder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Certificate from the Issuer certifying that the requisite principal amount of Notes have consented. After an amendment or waiver becomes effective, it shall bind every Holderholder. An amendment or waiver becomes effective upon the (i) receipt by the Issuer or the Trustee of consents by the Holders holders of the requisite principal amount of securities, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer and the Trustee.
(b) The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable.
Appears in 2 contracts
Samples: Fourth Supplemental Indenture (Sunnova Energy International Inc.), Fourth Supplemental Indenture (Sunnova Energy International Inc.)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder (or subsequent Holder Holder, so long as no record date was set) may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Certificate from the Issuer certifying that the requisite principal amount of Notes have consented. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Issuer or the Trustee of consents by the Holders of the requisite principal amount of securitiesNotes, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer and the Trustee.
(b) The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 2 contracts
Samples: Indenture (Affinion Group, Inc.), Indenture (Affinion Group, Inc.)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note Security shall be in writing and bind the Holder and every subsequent Holder of that Note Security or portion of the Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent or waiver is not made on the NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note Security or portion of the Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Certificate from the Issuer certifying that the requisite principal amount of Notes have consentedamendment or waiver becomes effective. After an amendment or waiver becomes effectiveeffective with respect to a series of Securities, it shall bind every HolderHolder of Securities of such series. An amendment or waiver becomes effective upon For purposes of this Indenture, the (i) receipt by the Issuer or the Trustee of consents by the Holders written consent of the requisite principal amount Holder of securitiesa Global Security shall be deemed to include any consent delivered by an Agent Member by electronic means in accordance with the Automated Tender Offer Procedures system or other customary procedures of, (ii) satisfaction of conditions and pursuant to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer and the Trustee.
(b) authorization by, DTC. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. The Trustee may, but shall not be obligated to, fix a record date for the purpose of determining the Holders of Securities of any series entitled to join in the giving, making or taking of (i) any notice pursuant to Section 6.01(c) of any Default, (ii) any declaration of acceleration pursuant to Section 6.02, (iii) any request to institute proceedings pursuant to Section 6.06(b), or (iv) any direction referred to in Section 6.05, in each case with respect to such series. If a record date is so fixed, then notwithstanding the immediately second preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be become valid or effective for more than 120 180 days after such record date.
Appears in 2 contracts
Samples: Indenture (Fossil Group, Inc.), Senior Indenture (Fossil Group, Inc.)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Certificate from the Issuer or Holdings certifying that the requisite principal amount of outstanding Notes have consented. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Issuer or the Trustee of consents by the Holders of the requisite principal amount of securities, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer Issuer, Holdings and the Trustee.
(b) The Issuer or Holdings may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 2 contracts
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note Security shall bind the Holder and every subsequent Holder of that Note Security or portion of the Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent or waiver is not made on the NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note 's Security or portion of the Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Certificate from the Issuer certifying that the requisite principal amount of Notes have consentedamendment or waiver becomes effective. After an amendment or waiver becomes effective, it shall bind every Holder. An Securityholder, unless it makes a change described in any of clauses (1) through (7) of Section 9.2, in which case, the amendment or waiver becomes effective upon shall bind only each Securityholder who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the (i) receipt by same debt as the Issuer consenting Holder; provided that any such waiver shall not impair or affect the Trustee right of consents by any Holder to receive payment of principal of, premium, if any, and interest on a Security, on or after the Holders respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the requisite principal amount of securities, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution consent of such amendment or waiver (or supplemental indenture) by the Issuer and the Trustee.
(b) Holder. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders Securityholders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders Securityholders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be become valid or effective for more than 120 days after such record date.
Appears in 2 contracts
Samples: Indenture (Fisher Scientific International Inc), Indenture (Fisher Scientific International Inc)
Revocation and Effect of Consents and Waivers. (a) Any amendment to this Indenture or the Securities shall become effective in accordance with its terms when executed and delivered by the Company and the Trustee provided that the Company has received the requisite consents prior thereto. The Company shall not be obligated to execute any such amendment regardless of whether such consents have been received. Any waiver shall become effective when the requisite consents have been received or such later time as the Company may elect by notice to the Trustee. A consent to an amendment or a waiver by a Holder of a Note Security shall bind the Holder and every subsequent Holder of that Note Security or portion of the Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent or waiver is not made on the NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note 's Security or portion of the Note Security if the Trustee receives the notice of revocation before prior to the date on which the Trustee receives an Officers’ Certificate from the Issuer certifying time that the Company receives the requisite principal amount number of Notes have consentedconsents to such proposed amendment or waiver. After an amendment or waiver becomes effective, it shall bind every HolderSecurityholder. An A consent to any amendment or waiver becomes effective upon the (i) receipt hereunder by the Issuer or the Trustee of consents by the Holders of the requisite principal amount of securities, (ii) satisfaction of conditions to effectiveness as set forth any Holder given in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution connection with a tender of such amendment or waiver (or supplemental indenture) Holder's Securities shall not be rendered invalid by the Issuer and the Trustee.
(b) such tender. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders Securityholders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders Securityholders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 2 contracts
Samples: Indenture (Revlon Inc /De/), Indenture (Revlon Worldwide Parent Corp)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note Security shall bind the Holder and every subsequent Holder of that Note Security or portion of the Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent or waiver is not made on the NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note Security or portion of the Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Certificate from the Issuer certifying that the requisite principal amount of Notes Securities have consented. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Issuer or the Trustee of consents by the Holders of the requisite principal amount of securitiesSecurities, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture Section 13.03 and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer and the Trustee.
(b) The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraphclause (a) of this Section 9.04, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 2 contracts
Samples: Senior Subordinated Notes Indenture (RenPac Holdings Inc.), Senior Notes Indenture (RenPac Holdings Inc.)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment amendment, supplement or a waiver by a Holder of a Note Security shall bind the Holder and every subsequent Holder of that Note Security or portion of the Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent consent, supplement or waiver is not made on the NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent consent, supplement or waiver as to such Holder’s Note Security or portion of the Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Certificate from the Issuer certifying that the requisite principal amount of Notes Securities have consented. After an amendment amendment, supplement or waiver becomes effective, it shall bind every Holder. An amendment amendment, supplement or waiver becomes effective upon the (i) receipt by the Issuer or the Trustee of consents by the Holders of the requisite principal amount of securitiesSecurities, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment amendment, supplement or waiver and waiver, (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer and the TrusteeTrustee and (iv) delivery to the Trustee of the Officers’ Certificate and Opinion of Counsel required under Article 12.
(b) The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraphSection 9.03(a), those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
(c) Upon the execution of any amended or supplemental indenture pursuant to the provisions hereof, this Indenture and the Securities subject thereto shall be and shall be deemed to be modified and amended in accordance therewith and the respective rights, limitations of rights, obligations, duties and immunities under this Indenture of the Trustee, the Issuer and the Holders of Securities shall thereafter be determined, exercised and enforced hereunder subject in all respects to such modifications and amendments, and all the terms and conditions of any such supplemental indenture shall be and shall be deemed to be part of the terms and conditions of this Indenture for any and all purposes.
Appears in 2 contracts
Samples: Indenture (Aquestive Therapeutics, Inc.), Indenture (Aquestive Therapeutics, Inc.)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note Security shall bind the Holder and every subsequent Holder of that Note Security or portion of the Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent or waiver is not made on the NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note Security or portion of the Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Officer’s Certificate from the Issuer certifying that the requisite principal amount of Notes Securities have consented. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Issuer or the Trustee of consents by the Holders of the requisite principal amount of securities, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer and the Trustee.
(b) The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record datedate unless the consent of the requisite number of Holders has been obtained.
Appears in 2 contracts
Samples: Indenture (New Holding, Inc.), Indenture (New Holding, Inc.)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Certificate from the Issuer Company certifying that the requisite principal amount of Notes have consented. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Issuer Company or the Trustee of consents by the Holders of the requisite principal amount of securities, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer Company and the Trustee.
(b) The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 2 contracts
Samples: Indenture (Metals USA Plates & Shapes Southcentral, Inc.), Indenture (Panolam Industries International Inc)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note Security shall be in writing and bind the Holder and every subsequent Holder of that Note Security or portion of the Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent or waiver is not made on the NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note Security or portion of the Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Certificate from the Issuer certifying that the requisite principal amount of Notes have consentedamendment or waiver becomes effective. After an amendment or waiver becomes effectiveeffective with respect to a series of Securities, it shall bind every HolderHolder of Securities of such series. An amendment or waiver becomes effective upon For purposes of this Indenture, the (i) receipt by the Issuer or the Trustee of consents by the Holders written consent of the requisite principal amount Holder of securitiesa Global Security shall be deemed to include any consent delivered by an Agent Member by electronic means in accordance with the Automated Tender Offer Procedures system or other customary procedures of, (ii) satisfaction of conditions and pursuant to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer and the Trustee.
(b) authorization by, DTC. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. The Trustee may, but shall not be obligated to, fix a record date for the purpose of determining the Holders of Securities of any series entitled to join in the giving, making or taking of (a) any notice permit to Section 6.1(c) or otherwise of any Default, (b) any declaration of acceleration pursuant to Section 6.2, (c) any request to institute proceedings pursuant to Section 6.6(b), or (d) any direction referred to in Section 6.5, in each case with respect to such series. If a record date is so fixed, then notwithstanding the immediately second preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be become valid or effective for more than 120 180 days after such record date.
Appears in 2 contracts
Samples: Indenture (Computer Sciences Corp), Indenture (Computer Sciences Corp)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment of this Indenture requiring the consent of each Noteholder affected or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s 's Note or portion of the Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Certificate from the Issuer certifying that the requisite principal amount of Notes have consentedamendment or waiver becomes effective. After an amendment or waiver of this Indenture requiring the consent of each Noteholder becomes effective, it shall bind every Holder. An amendment Noteholder, and after a waiver by a Holder of a Note becomes effective, it shall bind the Holder and every subsequent Holder of that Note or waiver becomes effective upon the (i) receipt by the Issuer or the Trustee of consents by the Holders portion of the requisite principal amount Note that evidences the same debt as the waiving Holder's Note, even if notation of securities, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or the waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by is not made on the Issuer and the Trustee.
(b) Note. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders Noteholders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders Noteholders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Eriksen Rochelle K.), Merger Agreement (Medsolutions Inc)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s 's Note or portion of the Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ ' Certificate from the Issuer certifying that the requisite principal amount number of Notes consents have consentedbeen received. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Issuer or the Trustee of consents by the Holders of the requisite principal amount number of securitiesconsents, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer and the Trustee.
(b) The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 2 contracts
Samples: Indenture (Memc Electronic Materials Inc), Indenture (Memc Electronic Materials Inc)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Officer’s Certificate from the Issuer certifying that the requisite principal amount of Notes have consented. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Issuer or the Trustee of consents by the Holders of the requisite principal amount of securities, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture Indenture, the Priority Lien Security Documents, as applicable, and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer Issuer, the Trustee and the Priority Lien Collateral Trustee.
(b) The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraphprovisions of Section 9.03(a), those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 2 contracts
Samples: Indenture (Coronado Global Resources Inc.), Indenture (Coronado Global Resources Inc.)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Certificate from the Issuer certifying that the requisite principal amount of Notes have consented. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Issuer or the Trustee of consents by the Holders of the requisite principal amount of securities, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer Issuer, the Guarantors and the Trustee.
(b) The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 2 contracts
Samples: Indenture (Amn Healthcare Services Inc), Indenture (Amn Healthcare Services Inc)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment amendment, supplement or a waiver by a Holder of a Note Security shall bind the Holder and every subsequent Holder of that Note Security or portion of the Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent or waiver is not made on the NoteSecurity. However, any Any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note Security or portion of the Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Certificate from the Issuer certifying that the requisite principal amount of Notes have consentedamendment, supplement or waiver becomes effective or otherwise in accordance with any related solicitation documents. After an amendment amendment, supplement or waiver becomes effective, it shall bind every Securityholder unless it makes a change described in any of clauses (1) through (8) of Section 9.2, in which case the amendment, supplement, waiver or other action shall bind each Securityholder who has consented to it and every subsequent Securityholder that evidences the same debt as the consenting Holder’s Securities. An amendment amendment, supplement or waiver becomes shall become effective upon the (i) receipt by the Issuer or the Trustee of consents by the Holders of the requisite principal amount number of securities, (ii) satisfaction of conditions to effectiveness written consents under Section 9.1 or 9.2 as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer and the Trustee.
(b) applicable. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders Securityholders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders Securityholders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be become valid or effective for more than 120 days after such record date.
Appears in 2 contracts
Samples: Indenture (Ryerson Tull Inc /De/), Indenture (J.M. Tull Metals Company, Inc.)
Revocation and Effect of Consents and Waivers. (ai) A written consent to an amendment or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note Notes that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the written consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Officer’s Certificate from the Issuer Issuers certifying that the requisite principal amount number of Notes consents have consentedbeen received. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (ia) receipt by the Issuer Issuers or the Trustee of consents by the Holders of the requisite principal amount number of securitiesconsents, (iib) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iiic) in the case of an amendment, execution of such amendment or waiver (or supplemental indenture) by the Issuer Issuers and the Trustee.
(bii) The Issuer Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their written consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraphSection 9.03(i), those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 2 contracts
Samples: Indenture (Ferroglobe PLC), Indenture (Ferroglobe PLC)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder holder of a Note shall bind the Holder holder and every subsequent Holder holder of that Note or portion of the Note that evidences the same debt as the consenting Holderholder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder holder or subsequent Holder holder may revoke the consent or waiver as to such Holderholder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Certificate from the Issuer Holdings certifying that the requisite principal amount of Notes have consented. After an amendment or waiver becomes effective, it shall bind every Holderholder. An amendment or waiver becomes effective upon the (i) receipt by the Issuer Issuers or the Trustee of consents by the Holders holders of the requisite principal amount of securities, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer Issuers, the Subsidiary Guarantors and the Trustee.
(b) The Issuer Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.. Table of Contents
Appears in 2 contracts
Samples: Exchange Agreement (Talos Energy Inc.), Exchange Agreement (SAILFISH ENERGY HOLDINGS Corp)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note Security shall be in writing and bind the Holder and every subsequent Holder of that Note Security or portion of the Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent or waiver is not made on the NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note Security or portion of the Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Certificate from the Issuer certifying that the requisite principal amount of Notes have consentedamendment or waiver becomes effective. After an amendment or waiver becomes effectiveeffective with respect to a series of Securities, it shall bind every HolderHolder of Securities of such series. An amendment or waiver becomes effective upon For purposes of this Indenture, the (i) receipt by the Issuer or the Trustee of consents by the Holders written consent of the requisite principal amount Holder of securitiesa Global Security shall be deemed to include any consent delivered by an Agent Member by electronic means in accordance with the Automated Tender Offer Procedures system or other customary procedures of, (ii) satisfaction of conditions and pursuant to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer and the Trustee.
(b) authorization by, DTC. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. The Trustee may, but shall not be obligated to, fix a record date for the purpose of determining the Holders of Securities of any series entitled to join in the giving, making or taking of (i) any declaration of acceleration pursuant to Section 6.2, (ii) any request to institute proceedings pursuant to Section 6.6(b), or (iii) any direction referred to in Section 6.5, in each case with respect to such series. If a record date is so fixed, then notwithstanding the immediately second preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be become valid or effective for more than 120 180 days after such record date.
Appears in 2 contracts
Samples: Indenture (Gw Pharmaceuticals PLC), Indenture (Gw Pharmaceuticals PLC)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the written notice of revocation delivered in accordance with Section 11.01 before the date on which the Trustee receives an Officers’ Officer’s Certificate from the Issuer Company certifying that the requisite principal amount of Notes have consented. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Issuer Company or the Trustee of consents by the Holders of the requisite principal amount of securities, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer Company and the Trustee.
(b) The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraphSection 9.03(a), those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 2 contracts
Revocation and Effect of Consents and Waivers. (a) Any amendment to this Indenture or the Notes shall become effective in accordance with its terms when executed and delivered by the Company and the Trustee provided that the Company has received the requisite consents prior thereto. The Company shall not be obligated to execute any such amendment regardless of whether such consents have been received. Any waiver shall become effective when the requisite consents have been received or such later time as the Company may elect by notice to the Trustee. A consent to an amendment or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s 's Note or portion of the Note if the Trustee receives the notice of revocation before prior to the date on which the Trustee receives an Officers’ Certificate from the Issuer certifying time that the Company receives the requisite principal amount number of Notes have consentedconsents to such proposed amendment or waiver. After an amendment or waiver becomes effective, it shall bind every HolderNoteholder. An A consent to any amendment or waiver becomes effective upon the (i) receipt hereunder by the Issuer or the Trustee of consents by the Holders of the requisite principal amount of securities, (ii) satisfaction of conditions to effectiveness as set forth any Holder given in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution connection with a tender of such amendment or waiver (or supplemental indenture) Holder's Notes shall not be rendered invalid by the Issuer and the Trustee.
(b) such tender. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders Noteholders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders Noteholders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 2 contracts
Samples: Indenture (Rev Holdings LLC), Indenture (Rev Holdings LLC)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Certificate from the Issuer Company certifying that the requisite principal amount number of Notes consents have consentedbeen received. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Issuer Company or the Trustee of consents by the Holders of the requisite principal amount number of securitiesconsents, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer Company and the Trustee.
(b) The Issuer the Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 2 contracts
Samples: Indenture (Broadwing Inc), Indenture (Broadwing Communications Inc)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note Security shall bind the Holder and every subsequent Holder of that Note Security or portion of the Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent or waiver is not made on the NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note Security or portion of the Note Security if the Trustee receives the written notice of revocation delivered in accordance with Section 13.02 before the date on which the Trustee receives an Officers’ Officer’s Certificate from the Issuer certifying that the requisite principal amount of Notes Securities have consented. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Issuer or the Trustee of consents by the Holders of the requisite principal amount of securities, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer and the Trustee.
(b) The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 2 contracts
Samples: Indenture (Aeroways, LLC), Indenture (Cke Restaurants Inc)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Certificate from the Issuer certifying that the requisite principal amount of Notes have consentedamendment or waiver becomes effective. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Issuer Company or the Trustee of consents by the Holders of the requisite principal amount of securitiesNotes, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer Company, the Guarantors (as applicable) and the Trustee.
(b) . The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 2 contracts
Samples: Indenture (Lamb Weston Holdings, Inc.), Indenture (Lamb Weston Holdings, Inc.)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Indenture Trustee receives the notice of revocation before the date on which the Indenture Trustee receives an Officers’ Certificate from the Issuer certifying that the requisite principal amount of Notes have consented. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Issuer or the Indenture Trustee of consents by the Holders of the requisite principal amount of securitiesNotes, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and waiver, (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer Issuer, the Guarantors and the TrusteeIndenture Trustee and (iv) delivery to the Indenture Trustee of each Officers’ Certificate and Opinion of Counsel required under Section 8.05 and Article 11 hereof.
(b) The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraphSection 8.03(a), those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 2 contracts
Samples: Indenture (Imperial Holdings, Inc.), Indenture (Imperial Holdings, Inc.)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Officer’s Certificate from the Issuer Issuers certifying that the requisite principal amount of Notes have consented. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Issuer Issuers or the Trustee of consents by the Holders of the requisite principal amount of securities, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer Issuers and the Trustee.
(b) The Issuer Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 2 contracts
Samples: Indenture (Graham Packaging Holdings Co), Indenture (Graham Packaging Holdings Co)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder holder of a Note shall bind the Holder holder and every subsequent Holder holder of that Note or portion of the Note that evidences the same debt as the consenting Holderholder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder holder or subsequent Holder holder may revoke the consent or waiver as to such Holderholder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Certificate from the Issuer MHGE Holdings certifying that the requisite principal amount of Notes have consented. After an amendment or waiver becomes effective, it shall bind every Holderholder. An amendment or waiver becomes effective upon the (i) receipt by the Issuer Issuers or the Trustee of consents by the Holders holders of the requisite principal amount of securities, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer Issuers, the Guarantors and the Trustee.
(b) The Issuer Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 2 contracts
Samples: Indenture (McGraw-Hill Interamericana, Inc.), Indenture (McGraw-Hill Global Education LLC)
Revocation and Effect of Consents and Waivers. (a) A ---------------------------------------------- consent to an amendment or a waiver by a Holder of a Note Security shall bind the Holder and every subsequent Holder of that Note Security or portion of the Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent or waiver is not made on the NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note 's Security or portion of the Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ ' Certificate from the Issuer Company certifying that the requisite principal amount number of Notes consents have consentedbeen received. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Issuer Company or the Trustee of consents by the Holders of the requisite principal amount number of securitiesconsents, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer Company and the Trustee.
(b) The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 2 contracts
Samples: Indenture (Kansas City Southern Industries Inc), Indenture (Commercial Aggregates Transportation & Sales LLC)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s 's Note or portion of the Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ ' Certificate from the Issuer certifying that the requisite principal amount at maturity of Notes have consented. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Issuer or the Trustee of consents by the Holders of the requisite principal amount of securities, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer and the Trustee.
(b) The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 2 contracts
Samples: Indenture (Rural Metro Corp /De/), Indenture (Rural Metro Corp /De/)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment of this Indenture requiring the consent of each Noteholder affected or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s 's Note or portion of the Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Certificate from the Issuer certifying that the requisite principal amount of Notes have consentedamendment or waiver becomes effective. After an amendment or waiver of this Indenture requiring the consent of each Noteholder affected becomes effective, it shall bind every Holder. An amendment Noteholder, and after a waiver by a Holder of a Note becomes effective, it shall bind the Holder and every subsequent Holder of that Note or waiver becomes effective upon the (i) receipt by the Issuer or the Trustee of consents by the Holders portion of the requisite principal amount Note that evidences the same debt as the waiving Holder's Note, even if notation of securities, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or the waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by is not made on the Issuer and the Trustee.
(b) Note. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders Noteholders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders Noteholders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 2 contracts
Samples: Merger Agreement (Medsolutions Inc), Agreement and Plan of Merger (Eriksen Rochelle K.)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note Noteholder Party shall bind the Holder Noteholder Party and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting HolderNoteholder Party’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder Noteholder Party or subsequent Holder may revoke the consent or waiver as to such HolderNoteholder Party’s Note or portion of the Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Officer’s Certificate from the Issuer certifying that the requisite principal amount of Notes Noteholder Parties have consented. After an amendment or waiver becomes effective, it shall bind every HolderNoteholder Party. An amendment or waiver becomes effective upon the (i) receipt by the Issuer or the Trustee of consents by the Holders of the requisite principal amount of securitiesRequired Noteholder Parties, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer Issuer, the Subsidiary Guarantors and the Trustee.
(b) The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons persons who were Holders at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 2 contracts
Samples: Indenture (Fresh Market Holdings, Inc.), Indenture (Fresh Market Holdings, Inc.)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note Security shall bind the Holder and every subsequent Holder of that Note Security or portion of the Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent or waiver is not made on the NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note Security or portion of the Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Certificate from the Issuer certifying that the requisite principal amount of Notes have consentedamendment or waiver becomes effective. After an amendment or waiver becomes effective, it shall bind every HolderSecurityholder. An amendment or waiver becomes effective upon the (i) receipt by the Issuer or the Trustee of consents by the Holders of the requisite principal amount of securities, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer and the Trustee.
(b) . The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders Securityholders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. Such record date shall be a date not more than 30 days prior to the first solicitation of holders generally in connection therewith and no later than the date such solicitation is completed. If a record date is fixed, then notwithstanding the immediately preceding paragraphparagraph or Section 316(c) of the TIA, those Persons who were Holders Securityholders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 180 days after such record date. For all purposes of this Indenture, all Initial Securities, Additional Securities of the same series, Exchange Securities for the same series of Securities and Private Exchange Securities for the same series of Securities shall vote together as one series of Securities under this Indenture.
Appears in 2 contracts
Samples: Indenture (Amc Entertainment Inc), Indenture (Amc Entertainment Inc)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note Security shall bind the Holder and every subsequent Holder of that Note Security or portion of the Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent or waiver is not made on the NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note 's Security or portion of the Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ ' Certificate from the Issuer certifying that the requisite principal amount number of Notes consents have consentedbeen received. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Issuer or the Trustee of consents by the Holders of the requisite principal amount number of securitiesconsents, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer and the Trustee.
(b) The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 2 contracts
Samples: Indenture (Acs Infosource Inc), Indenture (Millennium Chemicals Inc)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note Security shall be in writing and bind the Holder and every subsequent Holder of that Note Security or portion of the Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent or waiver is not made on the NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note Security or portion of the Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Certificate from the Issuer certifying that the requisite principal amount of Notes have consentedamendment or waiver becomes effective. After an amendment or waiver becomes effectiveeffective with respect to a series of Securities, it shall bind every HolderHolder of Securities of such series. An amendment or waiver becomes effective upon For purposes of this Indenture, the (i) receipt by the Issuer or the Trustee of consents by the Holders written consent of the requisite principal amount Holder of securitiesa Global Security shall be deemed to include any consent delivered by an Agent Member by electronic means in accordance with the Automated Tender Offer Procedures system or other customary procedures of, (ii) satisfaction of conditions and pursuant to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer and the Trustee.
(b) authorization by, DTC. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. The Trustee may, but shall not be obligated to, fix a record date for the purpose of determining the Holders of Securities of any series entitled to join in the giving, making or taking of (i) any notice permit to Section 6.1(4) or otherwise of any Default, (ii) any declaration of acceleration pursuant to Section 6.2, (iii) any request to institute proceedings pursuant to Section 6.6(2) or (iv) any direction referred to in Section 6.5 in each case with respect to such series. If a record date is so fixed, then notwithstanding the immediately second preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be become valid or effective for more than 120 180 days after such record date.
Appears in 2 contracts
Samples: Indenture (Keurig Dr Pepper Inc.), Indenture (Dr Pepper/Seven Up Beverage Sales Co)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note Security shall bind the Holder and every subsequent Holder of that Note Security or portion of the Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent or waiver is not made on the NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note 's Security or portion of the Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ ' Certificate from each of the Issuer Issuers certifying that the requisite principal amount at maturity of Notes Securities have consented. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Issuer Issuers or the Trustee of consents by the Holders of the requisite aggregate principal amount at maturity of securitiesSecurities, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer Issuers and the Trustee.
(b) The Issuer Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 2 contracts
Samples: Indenture (Nalco Energy Services Equatorial Guinea LLC), Indenture (Nalco Finance Holdings Inc.)
Revocation and Effect of Consents and Waivers. (a) A Until an amendment, supplement or waiver becomes effective, a consent to an amendment or a waiver it by a Holder of a Note shall bind the Security is a continuing consent by such Holder and every subsequent Holder of that Note Security or portion of the Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent or waiver is not made on the NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note Security or portion of the Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Certificate from the Issuer certifying that the requisite principal amount of Notes have consentedamendment or waiver becomes effective. After an amendment or waiver becomes effectiveeffective with respect to a series of Securities, it shall bind every HolderHolder of Securities of such series. An amendment or waiver becomes effective upon For purposes of this Indenture, the (i) receipt by the Issuer or the Trustee of consents by the Holders written consent of the requisite principal amount Holder of securitiesa Global Security shall be deemed to include any consent delivered by an Agent Member by electronic means in accordance with the Automated Tender Offer Procedures system or other customary procedures of, (ii) satisfaction of conditions and pursuant to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer and the Trustee.
(b) authorization by, DTC. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. The Trustee may, but shall not be obligated to, fix a record date for the purpose of determining the Holders of Securities of any series entitled to join in the giving, making or taking of (i) any notice permit to Section 6.1(4) or otherwise of any Default, (ii) any declaration of acceleration pursuant to Section 6.2, (iii) any request to institute proceedings pursuant to Section 6.6(2), or (iv) any direction referred to in Section 6.5, in each case with respect to such series. If a record date is so fixed, then notwithstanding the immediately second preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be become valid or effective for more than 120 180 days after such record date.
Appears in 2 contracts
Samples: Indenture (Cowen Group, Inc.), Indenture (Cowen Group, Inc.)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder holder of a Note shall bind the Holder holder and every subsequent Holder holder of that Note or portion of the Note that evidences the same debt as the consenting Holderholder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder holder or subsequent Holder holder may revoke the consent or waiver as to such Holderholder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Certificate from the Issuer Holdings certifying that the requisite principal amount of Notes have consented. After an amendment or waiver becomes effective, it shall bind every Holderholder. An amendment or waiver becomes effective upon the (i) receipt by the Issuer Issuers or the Trustee of consents by the Holders holders of the requisite principal amount of securities, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer Issuers, the Trustee and the TrusteeNotes Collateral Agent.
(b) The Issuer Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 2 contracts
Samples: Indenture (EP Energy Corp), Indenture (EP Energy Corp)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment amendment, supplement or a waiver by a Holder of a Note Security shall bind the Holder and every subsequent Holder of that Note Security or portion of the Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent or waiver is not made on the NoteSecurity. However, any Any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note Security or portion of the Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Certificate from the Issuer certifying that the requisite principal amount of Notes have consentedamendment, supplement or waiver becomes effective or otherwise in accordance with any related solicitation documents. After an amendment amendment, supplement or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the Holder unless it makes a change described in any of subclauses (i) through (iv) and (vi) of Section 9.2(a), in that case the amendment, supplement, waiver or other action shall bind each Holder who has consented to it and every subsequent Holder that evidences the same debt as the consenting Holder’s Securities. An amendment, supplement or waiver shall become effective upon receipt by the Issuer or the Trustee of consents by the Holders of the requisite principal amount number of securities, (ii) satisfaction of conditions to effectiveness written consents under Section 9.1 or 9.2 as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer and the Trustee.
(b) applicable. The Issuer Issuers may, but shall not be obligated to, fix a record date Record Date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date Record Date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date Record Date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record dateRecord Date. No such consent shall be become valid or effective for more than 120 days after such record dateRecord Date.
Appears in 2 contracts
Samples: Indenture (FriendFinder Networks Inc.), Indenture (FriendFinder Networks Inc.)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Certificate from the Issuer Company certifying that the requisite principal amount of Notes have consented. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Issuer Company or the Trustee of consents by the Holders of the requisite principal amount of securitiesNotes, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer Company and the Trustee.
(b) The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 2 contracts
Samples: Indenture (Delta Tucker Holdings, Inc.), Indenture (Worldwide Recruiting & Staffing Services LLC)
Revocation and Effect of Consents and Waivers. (a) A written consent to an amendment or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note Notes that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the written consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Officer’s Certificate from the Issuer certifying that the requisite principal amount number of Notes consents have consentedbeen received. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Issuer or the Trustee of consents by the Holders of the requisite principal amount number of securitiesconsents, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer and the Trustee.
(b) The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their written consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraphSection 9.03(a), those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 2 contracts
Samples: Senior Indenture (Janus Henderson Group PLC), Indenture (Kleopatra Holdings 2 S.C.A.)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder holder of a Note shall bind the Holder holder and every subsequent Holder holder of that Note or portion of the Note that evidences the same debt as the consenting Holderholder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder holder or subsequent Holder holder may revoke the consent or waiver as to such Holderholder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Certificate from the Issuer Holdings certifying that the requisite principal amount of Notes have consented. After an amendment or waiver becomes effective, it shall bind every Holderholder. An amendment or waiver becomes effective upon the (i) receipt by the Issuer Issuers or the Trustee of consents by the Holders holders of the requisite principal amount of securities, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer Issuers, the Subsidiary Guarantors and the Trustee.
(b) The Issuer Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 2 contracts
Samples: Indenture (Talos Energy Inc.), Exchange Agreement (Stone Energy Corp)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s 's Note or portion of the Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ ' Certificate from the Issuer Issuers certifying that the requisite principal amount number of Notes consents have consentedbeen received. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Issuer Issuers or the Trustee of consents by the Holders of the requisite principal amount number of securitiesconsents, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer Issuers and the Trustee.
(b) The Issuer Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 2 contracts
Samples: Indenture (On Semiconductor Corp), Indenture (On Semiconductor Corp)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note Senior Subordinated Security shall bind the Holder and every subsequent Holder of that Note Senior Subordinated Security or portion of the Note Senior Subordinated Security that evidences the same debt as the consenting Holder’s Note's Senior Subordinated Security, even if notation of the consent or waiver is not made on the NoteSenior Subordinated Security. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note 's Senior Subordinated Security or portion of the Note Senior Subordinated Security if the Trustee receives the written notice of revocation before the date on which the Trustee receives an Officers’ Certificate from the Issuer certifying that the requisite principal amount of Notes have consentedamendment or waiver becomes effective. After an amendment or waiver becomes effective, it shall bind every HolderSenior Subordinated Securityholder. An Except if otherwise specified in such amendment or waiver, an amendment or waiver becomes effective upon once the (i) receipt requisite number of consents are received by the Issuer Company or the Trustee of consents by the Holders of the requisite principal amount of securities, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer and the Trustee.
(b) . The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders of Senior Subordinated Securities entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 2 contracts
Samples: Indenture (Cadmus Communications Corp/New), Indenture (Cadmus Communications Corp/New)
Revocation and Effect of Consents and Waivers. (a) . A consent to an amendment or a waiver by a Holder of a Note Security shall be in writing and bind the Holder and every subsequent Holder of that Note Security or portion of the Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent or waiver is not made on the NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note Security or portion of the Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Certificate from the Issuer certifying that the requisite principal amount of Notes have consentedamendment or waiver becomes effective. After an amendment or waiver becomes effectiveeffective with respect to a series of Securities, it shall bind every HolderHolder of Securities of such series. An amendment or waiver becomes effective upon For purposes of this Indenture, the (i) receipt by the Issuer or the Trustee of consents by the Holders written consent of the requisite principal amount Holder of securitiesa Global Security shall be deemed to include any consent delivered by an Agent Member by electronic means in accordance with the Automated Tender Offer Procedures system or other customary procedures of, (ii) satisfaction of conditions and pursuant to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer and the Trustee.
(b) authorization by, DTC. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. The Trustee may, but shall not be obligated to, fix a record date for the purpose of determining the Holders of Securities of any series entitled to join in the giving, making or taking of (i) any notice permit to Section 6.1(4) or otherwise of any Default, (ii) any declaration of acceleration pursuant to Section 6.2, (iii) any request to institute proceedings pursuant to Section 6.6(2), or (iv) any direction referred to in Section 6.5, in each case with respect to such series. If a record date is so fixed, then notwithstanding the immediately second preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be become valid or effective for more than 120 180 days after such record date.
Appears in 1 contract
Samples: Indenture (General Finance CORP)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note Security shall bind the Holder and every subsequent Holder of that Note Security or portion of the Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent or waiver is not made on the NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note Security or portion of the Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Certificate from the Issuer Company certifying that the requisite principal amount of Notes Securities have consented. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Issuer Company or the Trustee of consents by the Holders of the requisite principal amount of securities, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer Company and the Trustee.
(b) The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture, provided that the Trustee agrees with any decision by the Company not to fix a record date for such purpose. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 1 contract
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date on which consent of the Trustee receives an Officers’ Certificate from the Issuer certifying that Holders of the requisite principal amount of the Notes have consentedthen outstanding to effect the applicable amendment or waiver has been obtained. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Issuer or the Trustee of consents by the Holders of the requisite principal amount of securities, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer and the Trustee.
(b) The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described set forth above or required or permitted to be taken pursuant to this Indenture. Any such record date shall be fixed at the Company’s discretion and need not be within the time limits otherwise prescribed by TIA § 316(c). If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 1 contract
Samples: Indenture (Credit Acceptance Corp)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note Security shall bind the Holder and every subsequent Holder of that Note Security or portion of the Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent or waiver is not made on the NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note 's Security or portion of the Note Security if the Trustee receives the written notice of revocation delivered in accordance with Section 12.01 before the date on which the Trustee receives an Officers’ Officer's Certificate from the Issuer Issuers certifying that the requisite principal amount of Notes Securities have consented. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Issuer Issuers or the Trustee of written consents by the Holders of the requisite principal amount of securities, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer Issuers and the Trustee.
(b) The Issuer Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 1 contract
Samples: Indenture (Party City Holdco Inc.)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the written notice of revocation delivered in accordance with Section 13.01 before the date on which the Trustee receives an Officers’ Officer’s Certificate from the Issuer certifying that the requisite principal amount of Notes have consented. After an amendment or waiver becomes effective, it shall bind every HolderHolder of Notes of such series. An amendment or waiver becomes effective upon the (i) receipt by the Issuer or the Trustee of consents by the Holders of the requisite principal amount of securities, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer and the Trustee.
(b) The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraphSection 9.03(a), those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 1 contract
Samples: Indenture (Kronos Worldwide Inc)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note Security shall bind the Holder and every subsequent Holder of that Note Security or portion of the Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent or waiver is not made on the NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note 's Security or portion of the Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ ' Certificate from the Issuer Company certifying that the requisite principal amount of Notes Securities have consented. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Issuer Company or the Trustee of consents by the Holders of the requisite principal amount of securities, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer Company and the Trustee.
(b) The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 1 contract
Samples: Indenture (Nalco Energy Services Equatorial Guinea LLC)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note Senior Subordinated Security shall bind the Holder and every subsequent Holder of that Note Senior Subordinated Security or portion of the Note Senior Subordinated Security that evidences the same debt as the consenting Holder’s Note's Senior Subordinated Security, even if notation of the consent or waiver is not made on the NoteSenior Subordinated Security. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note 's Senior Subordinated Security or portion of the Note Senior Subordinated Security if the Trustee receives the written notice of revocation before the date on which the Trustee receives an Officers’ Certificate from the Issuer certifying that the requisite principal amount of Notes have consentedamendment or waiver becomes effective. After an amendment or waiver becomes effective, it shall bind every HolderSenior Subordinated Securityholder. An Except if otherwise specified in such amendment or waiver, an amendment or waiver becomes effective upon once the (i) receipt requisite number of consents are received by the Issuer or the Trustee of consents by the Holders of the requisite principal amount of securities, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer and the Trustee.
(b) . The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders of Senior Subordinated Securities entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 1 contract
Revocation and Effect of Consents and Waivers. (ai) A written consent to an amendment or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note Notes that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the written consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Officer’s Certificate from the Issuer certifying that the requisite principal amount number of Notes consents have consentedbeen received. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (ia) receipt by the Issuer or the Trustee of consents by the Holders of the requisite principal amount number of securitiesconsents, (iib) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iiic) in the case of an amendment, execution of such amendment or waiver (or supplemental indenture) by the Issuer and the Trustee..
(bii) The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their written consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraphSection 9.03(i), those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date..
Appears in 1 contract
Samples: Indenture (Ferroglobe PLC)
Revocation and Effect of Consents and Waivers. (ai) A written consent to an amendment or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note Notes that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the written consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Officer’s Certificate from the Issuer Issuers certifying that the requisite principal amount number of Notes consents have consentedbeen received. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (ia) receipt by the Issuer Issuers or the Trustee of consents by the Holders of the requisite principal amount number of securitiesconsents, (iib) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iiic) execution of such amendment or waiver (or supplemental indenture) by the Issuer Issuers and the Trustee.
(bii) The Issuer Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their written consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraphSection 9.03(i), those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 1 contract
Samples: Indenture (Ferroglobe PLC)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note Security shall bind the Holder and every subsequent Holder of that Note Security or portion of the Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent or waiver is not made on the NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note Security or portion of the Note Security if the Trustee receives the written notice of revocation before the date on which the Trustee receives an Officers’ Officer’s Certificate from the Issuer certifying that the requisite principal amount of Notes Securities have consented. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Issuer or the Trustee of consents by the Holders of the requisite principal amount of securities, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer and the Trustee.
(b) The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than unless obtained within 120 days after such record date.
Appears in 1 contract
Samples: Indenture (ResCare Finance, Inc.)
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the Note if the Trustee receives the written notice of revocation delivered in accordance with Section 11.02 before the date on which the Trustee receives an Officers’ Officer’s Certificate from the Issuer Company certifying that the requisite principal amount of Notes have consented. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Issuer Company or the Trustee of consents by the Holders of the requisite principal amount of securities, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer Company and the Trustee.
(b) The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraphSection 9.04(a), those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 1 contract
Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a waiver by a Holder of a Note Security shall bind the Holder and every subsequent Holder of that Note Security or portion of the Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent or waiver is not made on the NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note Security or portion of the Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Certificate from the Issuer Issuers certifying that the requisite principal amount of Notes Securities have consented. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Issuer or the Trustee Issuers of consents by the Holders of the requisite principal amount of securities, with copies of such consents provided to the Trustee, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or supplemental indenture) by the Issuer Issuers and the Trustee.
(b) The Issuer Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.
Appears in 1 contract
Samples: Indenture (Verso Paper Corp.)