Common use of Revocation and Effect of Consents and Waivers Clause in Contracts

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 the amendment 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 Company or the Trustee of the requisite number of consents, (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 Guarantee Agreement) by the Company and the Trustee. (b) 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 10 contracts

Samples: Indenture (MSCI Inc.), Indenture (MSCI Inc.), Indenture (MSCI Inc.)

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Revocation and Effect of Consents and Waivers. (a) A consent to an amendment amendment, supplement 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 the amendment amendment, supplement or waiver becomes effective. After an amendment amendment, supplement or waiver becomes effective, it shall bind every Holder, except as otherwise provided in this Article IX. An amendment amendment, supplement or waiver becomes shall become effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (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 Guarantee Agreement) by the Company and the Trusteewritten consents under Section 9.2. (b) The Company may, but shall not be obligated to, fix a record date, which need not be the date provided in TIA § 316(c) to the extent it would otherwise be applicable, 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 9 contracts

Samples: Indenture (Homex Development Corp.), Indenture (Homex Development Corp.), Indenture (Southwestern Energy 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 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 the amendment 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 Company or the Trustee of the requisite number of consents, (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 Guarantee Agreement) by the Company and the Trustee. (b) 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 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 6 contracts

Samples: Indenture (NCR Corp), Indenture (NCR Corp), Indenture (NCR 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 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 the amendment 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 Company or the Trustee of the requisite number of consents, (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 Guarantee Agreement) by the Company and the Trustee. (b) . 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. 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 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 120 180 days after such record date. For all purposes of this Indenture, all Initial Notes and Additional Notes shall vote together as one series of Notes under this Indenture.

Appears in 6 contracts

Samples: Indenture (Amc Entertainment Holdings, Inc.), Indenture (Amc Entertainment Holdings, Inc.), 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 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 Trustees receive written notice of revocation at the Corporate Trust Office of the U.S. Trustee before the date the amendment 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 Company or the Trustee Trustees of the requisite number of consents, (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 Guarantee Agreement) by the Company and the TrusteeTrustees. (b) 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 5 contracts

Samples: Indenture (Open Text Corp), Indenture (Open Text Corp), Indenture (Open Text Corp)

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 consent or waiver as to such Holder’s Note or portion of the its Note if the Trustee receives the written notice of revocation before the date the amendment amendment, supplement 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 Company Issuer or the Trustee of the requisite number of consents, (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 Guarantee Agreementsupplemental indenture) by the Company Issuer and the Trustee. (b) The Company 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) hereof, 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 (Altice USA, Inc.), Indenture (Altice USA, Inc.), Indenture (Altice USA, Inc.)

Revocation and Effect of Consents and Waivers. (a) A Until an amendment, waiver, modification or supplement becomes effective, a consent to an amendment or a waiver it by a Holder of is a Note shall bind continuing consent by the Holder and every subsequent Holder of that a Note or portion of the a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent amendment, waiver, modification or waiver supplement is not made on the any Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s its Note or any portion of the its Note if by notice to the Trustee receives and the notice of revocation Parent Guarantor received before the date the amendment on which such amendment, supplement, modification or waiver becomes effective. After an amendment or waiver becomes effectiveAn amendment, it shall bind every Holder. An amendment supplement, modification or waiver becomes effective upon in accordance with the (i) receipt by the Company or the Trustee of the requisite number of consents, (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 Guarantee Agreement) by the Company and the Trustee. (b) terms thereof. The Company 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 in this Article 9 or required or otherwise permitted to be given or taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at the close of business on such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such any 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 or action shall be valid or effective for more than 120 days after such record date. After an amendment, supplement, modification or waiver becomes effective, it shall be conclusive and binding on every Holder.

Appears in 5 contracts

Samples: Indenture (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Indenture (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Indenture (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a supplement 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 the amendment amendment, a supplement or waiver becomes effective. After an amendment amendment, a supplement or waiver becomes effective, it shall bind every Holder. An amendment amendment, a supplement or waiver becomes shall become effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (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 Guarantee Agreement) by the Company and the Trusteewritten consents under Section 9.2. (b) The Company may, but shall not be obligated to, fix a record date, which need not be the date provided in 316(c) of the TIA to the extent it would otherwise be applicable, 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 90 days after such record datedate or, if none is set, after the date given.

Appears in 4 contracts

Samples: Indenture (Baron Wire & Cable Corp.), Indenture (CCI International, Inc.), Indenture (Movie Gallery Inc)

Revocation and Effect of Consents and Waivers. (a) A Until an amendment, supplement, waiver or other action becomes effective, a consent to an amendment or a waiver it by a Holder of a Note shall bind the is a continuing consent conclusive and binding upon such Holder and every subsequent Holder of that the same Note or portion thereof, and of any Note issued upon the Note that evidences the same debt as the consenting Holder’s Notetransfer thereof or in exchange therefor or in place thereof, even if notation of the consent or waiver is not made on the any such Note. However, any Any such Holder or subsequent Holder Holder, however, may revoke the consent or waiver as to such Holder’s his Note or portion of the Note a Note, if the Trustee receives the written notice of revocation before the date the amendment amendment, supplement, waiver or waiver other action 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 Company or the Trustee of the requisite number of consents, (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 Guarantee Agreement) by the Company and the Trustee. (b) The Company Issuers may, but shall not be obligated to, fix a record date, which need not be the date provided in TIA § 316(c) to the extent it would otherwise be applicable, 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. (c) After an amendment, supplement, waiver or other action becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (9) of Section 9.2(a) hereof. In that case, the amendment, supplement, waiver or other action shall bind each Holder who has consented to it and every subsequent Holder or portion of a Note that evidences the same debt as the consenting Holder’s Note.

Appears in 3 contracts

Samples: Indenture (Elan Corp PLC), Indenture (Elan Corp PLC), Indenture (Elan Corp PLC)

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 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 the amendment amendment, supplement or waiver becomes effective. 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 clauses (i) through (x) of Section 9.2, in which case the amendment, supplement or 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 made pursuant to Section 9.2 shall become effective upon receipt by the Company or the Trustee of the requisite number of written consents, (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 Guarantee Agreement) by the Company and the Trustee. (b) . 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 become valid or effective for more than 120 days after such record date.

Appears in 3 contracts

Samples: Indenture (Pico Holdings Inc /New), Indenture (UCP, Inc.), Indenture (Brunswick 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 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 the amendment amendment, supplement or waiver becomes effective. After an amendment or waiver becomes effective, it shall bind every HolderNoteholder. An amendment amendment, supplement or waiver becomes effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (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 Guarantee Agreement) by the Company and the Trustee. (b) . The Company Issuer 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 in this Section 9.04 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 3 contracts

Samples: Indenture (MARRIOTT VACATIONS WORLDWIDE Corp), Indenture (MARRIOTT VACATIONS WORLDWIDE Corp), Indenture (MARRIOTT VACATIONS WORLDWIDE 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 the amendment or waiver becomes effective. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the once (i) receipt the requisite number of consents have been received by the Company or the Trustee of the requisite number of consents, and (ii) satisfaction in the case of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing an amendment, such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) has been executed by the Company and the Trustee. (b) . 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 datedate unless consents from holders of the principal amount of Securities required hereunder to give such consent or take such action shall have also been given and not revoked within such 120-day period.

Appears in 3 contracts

Samples: Indenture (Viavi Solutions Inc.), Indenture (Viavi Solutions Inc.), Indenture (Viavi Solutions 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 amendment or waiver becomes effectiveTrustee receives an Officers’ Certificate from the Company certifying that the requisite number of consents have been 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 Company or the Trustee of the requisite number of consents, (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 Guarantee Agreementsupplemental indenture) by the Company and the Trustee. (b) 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 3 contracts

Samples: Indenture (Cincinnati Bell Inc), Indenture (Cincinnati Bell Inc), Indenture (Cincinnati Bell 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 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 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 the amendment amendment, supplement or waiver becomes effectiveeffective or otherwise in accordance with any related solicitation documents. After an amendment amendment, supplement or waiver becomes effective, it shall bind every Noteholder unless it makes a change described in any of clauses (1) through (8) of Section 9.2, and in that case the amendment, supplement, waiver or other action shall bind each Noteholder who has consented to it and every subsequent Noteholder that evidences the same debt as the consenting Holder’s Notes. An amendment amendment, supplement or waiver becomes under Section 9.2 shall become effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction and in relation to any Notes evidenced by Global Notes, such consents need not be in written form and may be evidenced by any electronic transmissions that comport with the applicable procedures 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 Guarantee Agreement) by the Company and the Trustee. (b) DTC. The Company Issuer 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 become valid or effective for more than 120 days after such record date.

Appears in 3 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 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 the amendment or waiver becomes effective. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes shall become effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (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 Guarantee Agreement) by the Company and the Trusteewritten consents under Section 9.2. (b) The Company may, but shall not be obligated to, fix a record date, which need not be the date provided for in Section 3.16(c) of the TIA to the extent it would otherwise be applicable, 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 90 days after such record date.

Appears in 3 contracts

Samples: Indenture (Alliance One International, Inc.), Indenture (Alliance One International, Inc.), Indenture (Alliance One International, 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 amendment or waiver becomes effectiveTrustee receives an Officer’s Certificate from the 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 Company or the Trustee of consents by the holders of the requisite number principal amount of consentssecurities, (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 Guarantee Agreementsupplemental indenture) by the Company and the Trustee. (b) The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders holders entitled to give their its 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 its 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 (Caesars Entertainment, Inc.), Indenture (Caesars Entertainment, Inc.), Indenture (Caesars Entertainment, 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 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 the amendment amendment, supplement or waiver becomes effective. After an amendment or waiver becomes effective, it shall bind every HolderSecurityholder unless it makes a change described in clauses (1) through (9) of Section 9.2, in which case the amendment, supplement or 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 Securityholder’s Securities. An amendment or waiver becomes made pursuant to Section 9.2 shall become effective upon the (i) receipt by the Company or the Trustee of the requisite number of written consents, (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 Guarantee Agreement) by the Company and the Trustee. (b) . The 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 (NBC Acquisition Corp), Indenture (New Nebraska Book Company, Inc.), Indenture (Nebraska Book 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 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 the amendment 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 Company or the Trustee of the requisite number of consents, (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 Guarantee Agreement) by the Company and the Trustee. (b) 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 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 3 contracts

Samples: Indenture (Neustar Inc), Indenture (NCR Corp), Indenture (NCR Corp)

Revocation and Effect of Consents and Waivers. (a) A Until an amendment, supplement or waiver becomes effective, a consent to an amendment such amendment, supplement or a waiver by a Holder of is a Note shall bind continuing and binding consent by the Holder and every subsequent Holder of that Note the Notes or portion of the a Note that evidences the same debt Debt as the consenting Holder’s 's Note, even if a notation of the consent or waiver is not made on the any Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Note or portion of the its Note if the Trustee receives the written notice of revocation before the date the waiver, supplement or amendment or waiver becomes effective. After an amendment An amendment, supplement or waiver becomes effective, it shall become effective in accordance with its terms and thereafter shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (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 Guarantee Agreement) by the Company and the Trustee. (b) 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 such Persons who which were Holders at such record date (or their duly designated proxies), and only those such 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 (Goss Graphic Systems Inc), Indenture (Goss Holdings Inc), Indenture (Goss 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 is a continuing consent by the Holder of a Note and every subsequent Holder of that a Note or portion of the a 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 any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent or waiver as to such Holder’s Note or portion of the its Note if the Trustee receives the written notice of revocation before the date the amendment amendment, supplement or waiver becomes effective. After an amendment amendment, supplement or waiver becomes effectiveeffective in accordance with its terms, it thereafter shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (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 Guarantee Agreement) by the Company and the Trustee. (b) 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 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 (EM Holdings LLC), Indenture (Edgen Group Inc.), Indenture (Edgen Murray II, L.P.)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment amendment, supplement 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 amendment consent or waiver becomes effective. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment amendment, supplement or waiver becomes effective upon the (i) receipt execution of such amendment, supplement or waiver by the Company or Issuer, the Trustee of and the requisite number of consentsCollateral Agent, (ii) satisfaction of the provided that all conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing in such amendment amendment, supplement or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the Trusteehave been satisfied. (b) The Company 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 3 contracts

Samples: Indenture (Capmark Affordable Properties LLC), Indenture (Capmark Financial Group Inc.), Indenture

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 consent or waiver as to such Holder’s Note or portion of the its Note if the Trustee receives the written notice of revocation before the date the amendment amendment, supplement 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 Company Issuers or the Trustee of the requisite number of consents, (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 Guarantee Agreementsupplemental indenture) by the Company Issuers and the Trustee. (b) The Company 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) hereof, 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 (Altice USA, Inc.), Indenture (Altice USA, Inc.), Indenture (Altice USA, 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 the amendment 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 Company Issuer or the Trustee of the requisite number of consents, (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 Guarantee Agreement) by the Company Issuer and the Trustee. (b) The Company 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 9.04(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 3 contracts

Samples: Indenture (Western Digital Corp), Indenture (Western Digital Corp), Indenture

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment amendment, supplement 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 the amendment amendment, supplement or waiver becomes effective. After an amendment amendment, supplement or waiver becomes effective, it shall bind every Holder, except as otherwise provided in this Article IX. An amendment amendment, supplement or waiver becomes shall become effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (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 Guarantee Agreement) by the Company and the Trusteewritten consents under Section 9.2. (b) The Company may, but shall not be obligated to, fix a record date, which need not be the date provided in TIA ss. 316(c) to the extent it would otherwise be applicable, 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 2 contracts

Samples: Indenture (Grupo Iusacell Sa De Cv), Indenture (Grupo Iusacell Sa De Cv)

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 the amendment amendment, supplement or waiver becomes effectiveeffective 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 (a) through (h) of Section 10.2, 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 Company or the Trustee of the requisite number of consentswritten consents under Section 10.1 or Section 10.2, (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 Guarantee Agreement) by the Company and the Trustee. (b) applicable. 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 become valid or effective for more than 120 days after such record date.

Appears in 2 contracts

Samples: Indenture (Deluxe Corp), Indenture (Deluxe 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 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 the amendment amendment, supplement or waiver becomes effective. After an amendment amendment, supplement or waiver becomes effective, it shall bind every Holder, except as otherwise provided in this Article IX. An amendment amendment, supplement or waiver becomes shall become effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (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 Guarantee Agreement) by the Company and the Trusteewritten consents under Section 9.2. (b) The Company may, but shall not be obligated to, fix a record date, which need not be the date provided in Section 316(c) of the TIA to the extent it would otherwise be applicable, 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 2 contracts

Samples: Indenture (Mexican Cellular Holding, Inc.), Indenture (Grupo Iusacell Sa De Cv)

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 any 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 such portion of the Note Security if the Trustee receives the notice of revocation before the date on which the amendment or waiver becomes effectiveTrustee receives an Officers' Certificate from the Company certifying that the requisite number of consents have been 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 Company or the Trustee of the requisite number of consents, (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 Guarantee Agreementsupplemental indenture) by the Company and the Trustee. (b) 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 fixedfixed then, 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), Indenture (Kansas City Southern)

Revocation and Effect of Consents and Waivers. (a) A Until an amendment, waiver, modification or supplement becomes effective, a consent to an amendment or a waiver it by a Holder of is a Note shall bind continuing consent by the Holder and every subsequent Holder of that a Note or portion of the a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent amendment, waiver, modification or waiver supplement is not made on the any Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s its Note or any portion of the its Note if by written notice to the Trustee receives and the notice of revocation Company received before the date the amendment on which such amendment, supplement, modification or waiver becomes effective. After an amendment or waiver becomes effectiveAn amendment, it shall bind every Holder. An amendment supplement, modification or waiver becomes effective upon in accordance with the (i) receipt by the Company or the Trustee of the requisite number of consents, (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 Guarantee Agreement) by the Company and the Trustee. (b) terms thereof. 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 in this Article 9 or required or otherwise permitted to be given or taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at the close of business on such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such any 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 or action shall be valid or effective for more than 120 days after such record date. After an amendment, supplement, modification or waiver becomes effective, it shall be conclusive and binding on every Holder.

Appears in 2 contracts

Samples: Indenture (Rithm Capital Corp.), Indenture (New Residential Investment 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 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 the amendment or waiver becomes effective. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the once both (i) receipt by the Company or the Trustee of the requisite number of consents, consents have been received by the Issuer or the Trustee and (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 Guarantee Agreement) has been executed by the Company Issuer, the Guarantor and the Trustee. (b) . The Company 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 calendar days after such record date.

Appears in 2 contracts

Samples: Indenture (Nabors Industries LTD), Indenture (Nabors Industries 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 amendment or waiver becomes effectiveTrustee receives an Officers’ Certificate from the Company certifying that the requisite number of consents have been 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 Company or the Trustee of the requisite number of consents, (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 Guarantee Agreementsupplemental indenture) by the Company and the Trustee. (b) 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 (Graftech International LTD), Indenture (TRW Automotive Holdings 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 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 amendment or waiver becomes effectiveTrustee receives an Officers’ Certificate from the Company certifying that the requisite number of consents have been 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 Company or the Trustee of the requisite number of consents, (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 Guarantee Agreementsupplemental indenture) by the Company and the Trustee. (b) 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 paragraphSection 8.04(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 2 contracts

Samples: Second Supplemental Indenture (Alliant Techsystems Inc), Supplemental Indenture (Alliant Techsystems 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 shall bind the Holder and every subsequent Holder of that such Note or portion of the such 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 such Note. However, any ; provided that such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s 's Note or portion of the such Note if the Trustee receives the notice of revocation before the date the amendment amendment, supplement or waiver becomes effective. After an amendment amendment, supplement or waiver becomes effectiveeffective pursuant to this Article IX, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (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 Guarantee Agreement) by the Company and the Trustee. (b) 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 calendar days after such record date.

Appears in 2 contracts

Samples: Indenture (PLD Telekom Inc), Indenture (PLD Telekom 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 amendment or waiver becomes effective. After an amendment or waiver becomes effective, it shall bind every Holderholder. An amendment or waiver becomes effective upon the (i) receipt by the Company or the Trustee of consents by the holders of the requisite number principal amount of consentssecurities, (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 Guarantee Agreementsupplemental indenture) by the Company Company, the Guarantors and the Trustee. (b) The 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 2 contracts

Samples: Indenture (WABASH NATIONAL Corp), Indenture (Wabash National Corp /De)

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 amendment or waiver becomes effectiveTrustee receives an Officers' Certificate from the Company certifying that the requisite number of consents have been received. After an amendment or waiver becomes effective, it shall bind every HolderSecurityholder. An amendment or waiver becomes effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (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 Guarantee Agreementsupplemental indenture) by the Company and the Trustee. (b) . The 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 (Telecorp Tritel Holding Co), Indenture (Telecorp PCS Inc)

Revocation and Effect of Consents and Waivers. (a) Any amendment to this Agreement or the Notes shall become effective in accordance with its terms when executed and delivered by the Company 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. 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 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 Company receives the notice of revocation before the date the amendment or waiver becomes effective. After an amendment or waiver becomes effective, it shall bind every HolderHolder of a Note. An amendment or waiver becomes effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (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 Guarantee Agreement) by the Company and the Trustee. (b) The Company may, but shall not be obligated to, fix a record date for the purpose of determining the 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 IndentureAgreement. If a record date is fixed, then then, notwithstanding the immediately preceding paragraph, those Persons persons who were Holders of Notes 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 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: Subordinated Note Agreement (Mobile Services Group Inc), Subordinated Note Agreement (Financial Pacific Co)

Revocation and Effect of Consents and Waivers. (a) A consent to --------------------------------------------- an amendment amendment, supplement or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that such Note or portion of the such 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 such Note. However, ; provided that any such Holder or subsequent -------- Holder may revoke the consent or waiver as to such Holder’s 's Note or portion of the such Note if the Trustee receives the notice of revocation before at least one day prior to the date the amendment amendment, supplement or waiver becomes effective. After an amendment amendment, supplement or waiver becomes effectiveeffective pursuant to this Article IX, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (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 Guarantee Agreement) by the Company and the Trustee. (b) 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 calendar days after such record date.

Appears in 2 contracts

Samples: Indenture (McLeodusa Inc), Indenture (McLeod 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 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 the amendment amendment, supplement or waiver becomes effective. After an amendment amendment, supplement 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 Company or the Trustee written consent of the requisite number Holder of consentsa 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 the 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 Guarantee Agreement) by the Company and the Trustee. (b) authorization by, DTC. 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. 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 clause (4) of Section 6.01 of any Default, (ii) any declaration of acceleration pursuant to Section 6.02, (iii) any request to institute proceedings pursuant to clause (2) Section 6.06 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: Senior Indenture (Ingersoll Rand Inc.), Senior Indenture (Ingersoll Rand 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 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 the amendment amendment, supplement or waiver becomes effective. 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 Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment amendment, supplement or waiver and (iii) execution of such amendment amendment, supplement or waiver (or Guarantee Agreementsupplemental indenture) by the Company and Company, the TrusteeTrustee and, as applicable, the Collateral Agent. (b) 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 in Section 9.02 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: Indenture (Beacon Roofing Supply Inc), Indenture (Beacon Roofing Supply 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 amendment or waiver becomes effectiveTrustee receives an Officers’ Certificate from the Company certifying that the requisite number of consents have been 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 Company or the Trustee of the requisite number of consents, (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 Guarantee Agreementsupplemental indenture) by the Company and the Trustee. (b) 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 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 2 contracts

Samples: Indenture (Orbital Atk, Inc.), Indenture (Alliant Techsystems 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 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 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 and the Issuer receive the notice of revocation before the date the amendment amendment, supplement or waiver becomes effectiveeffective or otherwise in accordance with any related solicitation documents. After an amendment amendment, supplement or waiver becomes effective, it shall bind every Noteholder 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 Noteholder who has consented to it and every subsequent Noteholder that evidences the same debt as the consenting Holder’s Notes. An amendment amendment, supplement or waiver becomes under Section 9.2 shall become effective upon the (i) receipt by the Company or the Trustee Issuer of the requisite number of consents, (ii) satisfaction and in relation to any Notes evidenced by Global Notes, such consents need not be in written form and may be evidenced by any electronic transmissions that comport with the applicable procedures 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 Guarantee Agreement) by the Company and the Trustee. (b) DTC. The Company Issuer 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 become valid or effective for more than 120 days after such record date.

Appears in 2 contracts

Samples: Indenture (Ultra Petroleum Corp), Exchange Agreement (Ultra Petroleum Corp)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment (pursuant to Section 10.02) or a waiver (pursuant to Section 7.04) 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 relevant amendment 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 Company Issuer or the Trustee of the requisite number of consents, (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 Guarantee Agreementsupplemental indenture) by the Company Issuer and the Trustee. A waiver becomes effective upon receipt by the Trustee of the notice described in Section 7.04. (b) The Company 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 amendment, supplement 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 the amendment amendment, supplement or waiver becomes effective. After an amendment amendment, supplement or waiver becomes effective, it shall bind every Holder, except as otherwise provided in this Article IX. An amendment amendment, supplement or waiver becomes shall become effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (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 Guarantee Agreement) by the Company and the Trusteewritten consents under Section 9.2. (b) The Company may, but shall not be obligated to, fix a record date, which need not be the date provided in TIA Section 316(c) to the extent it would otherwise be applicable, 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 2 contracts

Samples: Indenture (Covanta Energy Corp), Indenture (Covanta Energy Corp)

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 is a continuing consent by the Holder of a Note and every subsequent Holder of that a Note or portion of the a 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 any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent or waiver as to such Holder’s Note or portion of the its Note if the Trustee receives the written notice of revocation before the date the amendment amendment, supplement or waiver becomes effective. After an amendment or waiver becomes effectiveAn amendment, it shall bind every Holder. An amendment supplement or waiver becomes effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture accordance with its terms and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the Trustee. (b) thereafter binds every Holder. 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 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 (Heron Lake BioEnergy, LLC), Indenture (Easton-Bell Sports, 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 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 the amendment amendment, supplement or waiver becomes effective. After an amendment or waiver becomes effective, it shall bind every HolderNoteholder. An amendment amendment, supplement or waiver becomes effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (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 Guarantee Agreement) by the Company and the Trustee. (b) . The Company Issuers 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 in this Section 9.04 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 (MARRIOTT VACATIONS WORLDWIDE Corp), Indenture (MARRIOTT VACATIONS WORLDWIDE 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 any 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 such portion of the Note Security if the Trustee receives the notice of revocation before the date on which the amendment or waiver becomes effectiveTrustee receives an Officers’ Certificate from the Company certifying that the requisite number of consents have been 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 Company or the Trustee of the requisite number of consents, (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 Guarantee Agreementsupplemental indenture) by the Company and the Trustee. (b) 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 fixedfixed then, 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 (Kansas City Southern)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment amendment, supplement 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 the amendment amendment, supplement or waiver becomes effective. After an amendment amendment, supplement or waiver becomes effective, it shall bind every HolderHolder of each Series affected by such amendment, supplement or waiver. An amendment amendment, supplement or waiver becomes effective upon the once both (i) receipt the requisite number of consents have been received by the Company or the Trustee of the requisite number of consents, and (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 Guarantee Agreement) has been executed by the Company and the Trustee. (b) . 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 unless it shall become effective pursuant to the provisions of this Indenture within 120 days after such record date.

Appears in 1 contract

Samples: Indenture (UL Solutions 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 amendment or waiver becomes effectiveTrustee receives an Officers’ Certificate from the Company certifying that the percentage of consents have been 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 Company or the Trustee of the requisite number percentage of consents, (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 Guarantee Agreementsupplemental indenture) by the Company and the Trustee. (b) 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 1 contract

Samples: Indenture (TRW Automotive Holdings 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 shall bind the Holder and every subsequent Holder of that such Note or portion of the such 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 such Note. However, ; provided that any such Holder or subsequent Holder may revoke the consent or -------- waiver as to such Holder’s 's Note or portion of the such Note if the Trustee receives the notice of revocation before at least one day prior to the date the amendment amendment, supplement or waiver becomes effective. After an amendment amendment, supplement or waiver becomes effectiveeffective pursuant to this Article IX, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (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 Guarantee Agreement) by the Company and the Trustee. (b) 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 calendar days after such record date.

Appears in 1 contract

Samples: Indenture (McLeodusa 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 Note or portion of the Note if the Trustee receives the notice of revocation before the date the An amendment or waiver becomes effectiveeffective once the requisite number of consents are received by the Issuers or the Trustee. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (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 Guarantee Agreement) by the Company and the Trustee. (b) The Company 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. After an 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 or waiver shall bind only each Holder who has consented to it and every subsequent Holder that evidences the same debt as the consenting Holder's Note; provided that any such waiver shall not impair or affect the right of any holder to receive payment of principal and interest on a Note, on or after the respective due dates expressed in such Note, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.

Appears in 1 contract

Samples: Indenture (MSX International Inc)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a supplement 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 the amendment amendment, a supplement or waiver becomes effective. After an amendment amendment, a supplement or waiver becomes effective, it shall bind every Holder. An amendment amendment, a supplement or waiver becomes shall become effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (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 Guarantee Agreement) by the Company and the Trusteewritten consents under Section 8.2. (b) The Company may, but shall not be obligated to, fix a record date, which need not be the date provided in 316(c) of the TIA to the extent it would otherwise be applicable, 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 90 days after such record datedate or, if none is set, after the date given.

Appears in 1 contract

Samples: Indenture (JLG Industries 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 shall bind the Holder and every subsequent Holder of that such Note or portion of the such 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 such Note. However, ; provided that any such Holder or subsequent Holder may revoke the consent -------- or waiver as to such Holder’s 's Note or portion of the such Note if the Trustee receives the notice of revocation before at least one day prior to the date the amendment amendment, supplement or waiver becomes effective. After an amendment amendment, supplement or waiver becomes effectiveeffective pursuant to this Article IX, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (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 Guarantee Agreement) by the Company and the Trustee. (b) 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 calendar days after such record date.

Appears in 1 contract

Samples: Indenture (McLeodusa Inc)

Revocation and Effect of Consents and Waivers. (a) A An amendment or waiver becomes effective on the date on which the Trustee received an Officers' Certificate certifying that the Holders of the requisite principal amount of Securities have consented to the amendment or waiver. Until an amendment or waiver becomes effective, 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 Note's Security, 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 that consent, supplement or waiver as to such Holder’s Note Holder s Security or portion of the Note Security if the Trustee receives the notice of revocation before the date the amendment or waiver becomes effective. After an amendment amendment, supplement or waiver becomes effective, it shall bind every HolderSecurityholder. An amendment or waiver becomes effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (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 Guarantee Agreement) by the Company and the Trustee. (b) The 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 to any amendment, supplement, or waiver 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 Securityholders at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to give such consent to any amendment, supplement, or waiver or to revoke any such 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 90 days after such record date.

Appears in 1 contract

Samples: Indenture (Town & Country 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 the amendment amendment, supplement or waiver becomes effectiveeffective or prior to a date otherwise specified in any related documents pursuant to which such consent or waiver was solicited. After an amendment amendment, supplement or waiver becomes effectiveeffective (whether or not all provisions contained in such amendment, supplement or waiver are thereby operative), it shall bind every Securityholder 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 Securityholder who has consented to it and every subsequent Securityholder that evidences the same Indebtedness as the consenting Holder’s Securities. An amendment amendment, supplement or waiver becomes shall become effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the 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 Guarantee Agreement) by the Company and the Trusteeapplicable. (b) The 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 paragraphSection 9.4(a), 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 1 contract

Samples: Indenture (Eye Care Centers of America 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 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 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 the amendment amendment, supplement or waiver becomes effectiveeffective 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, 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 Notes. An amendment amendment, supplement or waiver becomes shall become effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the 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 Guarantee Agreement) by the Company and the Trustee. (b) applicable. 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 become valid or effective for more than 120 days after such record date.

Appears in 1 contract

Samples: Indenture (Quiksilver 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 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 the amendment amendment, supplement or waiver becomes effective. After an amendment amendment, supplement or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness except as set forth otherwise provided in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the TrusteeArticle IX. (b) 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 90 days after such record datedate unless the relevant action for which such consent was granted was effectively taken.

Appears in 1 contract

Samples: Indenture (Grupo Financiero Galicia Sa)

Revocation and Effect of Consents and Waivers. (a) A --------------------------------------------- consent to an amendment amendment, supplement or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that such Note or portion of the such 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 such Note. However, ; provided that any such Holder or -------- subsequent Holder may revoke the consent or waiver as to such Holder’s 's Note or portion of the such Note if the Trustee receives the notice of revocation before at least one day prior to the date the amendment amendment, supplement or waiver becomes effective. After an amendment amendment, supplement or waiver becomes effectiveeffective pursuant to this Article IX, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (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 Guarantee Agreement) by the Company and the Trustee. (b) 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 calendar days after such record date.

Appears in 1 contract

Samples: Indenture (McLeodusa 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 amendment or waiver becomes effectiveTrustee receives an Officers' Certificate from the Company certifying that the requisite number of consents have been 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 Company or the Trustee of the requisite number of consents, (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 Guarantee Agreementsupplemental indenture) by the Company and the Trustee. (b) 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.after

Appears in 1 contract

Samples: Indenture (Maxxim Medical Inc/Tx)

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 the amendment amendment, supplement or waiver becomes effectiveeffective 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 (a) through (j) 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 Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness written consents under Section 9.1 or Section 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 Guarantee Agreement) by the Company and the Trustee. (b) applicable. 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 become valid or effective for more than 120 days after such record date.

Appears in 1 contract

Samples: Indenture (Conexant Systems 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 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 the amendment amendment, supplement or waiver becomes effective. After an amendment or waiver becomes effectiveAn amendment, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (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 supplement or waiver (or Guarantee Agreementsupplemental indenture) by the Company becomes effective in accordance with its terms and the Trusteethereafter binds every Holder. (b) The Company 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 in Section 9.02 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 (Greif 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 amendment or waiver becomes effectiveTrustee receives an Officer’s Certificate from the Company certifying that the requisite number of consents have been 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 Company or the Trustee of the requisite number of consents, (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 Guarantee Agreementsupplemental indenture) by the Company and the Trustee. (b) 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 1 contract

Samples: Indenture (Affinia Group Intermediate 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 written notice of revocation before the date the amendment or waiver becomes effective. After an amendment or waiver becomes effective, it shall bind every HolderNoteholder. An amendment or waiver becomes effective upon the (i) receipt by the Company or the Trustee of consents by the Holders of the requisite number principal amount of consentssecurities, (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) the execution of such amendment or waiver (or Guarantee Agreement) by the Company and the Trustee. (b) . The 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 1 contract

Samples: Indenture (Compass Minerals International Inc)

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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 the amendment amendment, supplement or waiver becomes effectiveeffective 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 (a) through (j) of Section 10.2, 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 Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness written consents under Section 10.1 or Section 10.2 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 Guarantee Agreement) by the Company and the Trustee. (b) applicable. 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 become valid or effective for more than 120 days after such record date.

Appears in 1 contract

Samples: Indenture (Deluxe 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 NoteHoldxx'x Xote, 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 amendment or waiver becomes effectiveTrustee receives an Officers' Certificate from Holdings certifying that the requisite number of consents have been 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 Company Holdings or the Trustee of the requisite number of consents, (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 Guarantee Agreementsupplemental indenture) by the Company Holdings and the Trustee. (b) The Company 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 1 contract

Samples: Indenture (Maxxim Medical Inc/Tx)

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 Notes 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 NoteNotes. 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 Notes if the Trustee receives the notice of revocation before the date on which the amendment or waiver becomes effectiveTrustee receives an Officers' Certificate from the Company certifying that the requisite number of consents have been 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 Company or the Trustee of the requisite number of consents, (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 Guarantee Agreementsupplemental indenture) by the Company and the Trustee. (ba) 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 1 contract

Samples: Indenture (Reptron Electronics 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 is a continuing consent by the Holder of a Note and every subsequent Holder of that a Note or portion of the a 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 any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent or waiver as to such Holder’s Note or portion of the its Note if a responsible corporate trust officer of the Trustee receives the written notice of revocation before the date the amendment amendment, supplement or waiver becomes effective. After an amendment or waiver becomes effectiveAn amendment, it shall bind every Holder. An amendment supplement or waiver becomes effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture accordance with its terms and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the Trustee. (b) thereafter binds every Holder. The Company Parent 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 in this Section 9.04 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 Holders has been obtained.

Appears in 1 contract

Samples: Indenture (Option Care Health, 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 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 the amendment amendment, supplement or waiver becomes effective. 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 Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment amendment, supplement or waiver and (iii) execution of such amendment amendment, supplement or waiver (or Guarantee Agreementsupplemental indenture) by the Company and the Trustee. (b) 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 in Section 9.02 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

Samples: Indenture (Beacon Roofing Supply 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 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 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 the amendment amendment, supplement or waiver becomes effectiveeffective or as otherwise provided in 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 Notes. An amendment Any consent to an amendment, supplement or waiver becomes under Section 9.2 shall become effective upon the (i) receipt by the Company or the Trustee of the requisite number amount of consents, (ii) satisfaction and in relation to any Notes evidenced by Global Notes, such consents need not be in written form and may be evidenced by any electronic transmissions that comport with the applicable procedures 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 Guarantee Agreement) by the Company and the Trustee. (b) DTC. 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 become valid or effective for more than 120 days after such record date.

Appears in 1 contract

Samples: Indenture (Earthstone 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 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 the amendment amendment, supplement or waiver becomes effective. After an amendment or waiver becomes effective, it shall bind every Holder unless it makes a change described in clauses (i) through (x) of Section 9.2, in which case the amendment, supplement or 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 or waiver becomes made pursuant to Section 9.2 shall become effective upon the (i) receipt by the Company or the Trustee of the requisite number of written consents, (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 Guarantee Agreement) by the Company and the Trustee. (b) . 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 become valid or effective for more than 120 days after such record date.

Appears in 1 contract

Samples: Indenture (Brunswick Corp)

Revocation and Effect of Consents and Waivers. (a) A Until an amendment, supplement, waiver or other action becomes effective, a consent to an amendment or a waiver it by a Holder of a Note shall bind the is a continuing consent conclusive and binding upon such Holder and every subsequent Holder of that the same Note or portion thereof, and of any Note issued upon the Note that evidences the same debt as the consenting Holder’s Notetransfer thereof or in exchange therefor or in place thereof, even if notation of the consent or waiver is not made on the any such Note. However, any Any such Holder or subsequent Holder Holder, however, may revoke the consent or waiver as to such Holder’s his Note or portion of the Note a Note, if the Trustee receives the written notice of revocation before the date the amendment amendment, supplement, waiver or waiver other action 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 Company or the Trustee of the requisite number of consents, (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 Guarantee Agreement) by the Company and the Trustee. (b) The Company Issuers may, but shall not be obligated to, fix a record date, which need not be the date provided in TIA ss. 316(c) to the extent it would otherwise be applicable, 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. (c) After an amendment, supplement, waiver or other action becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (9) of Section 9.2(a) hereof. In that case, the amendment, supplement, waiver or other action shall bind each Holder who has consented to it and every subsequent Holder or portion of a Note that evidences the same debt as the consenting Holder's Note.

Appears in 1 contract

Samples: Indenture (Elan Corp PLC)

Revocation and Effect of Consents and Waivers. (a) A written consent to an amendment or a waiver by a Holder of a Note holder 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 waivers 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 amendment or waiver becomes effectiveTrustee receives an Officer’s Certificate from the Issuer certifying that the requisite number of consents have been 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 Company Issuers or the Trustee of the requisite number of consents, (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 Guarantee Agreementsupplemental indenture) by the Company Issuers and the Trustee. (b) The Company Issuers may, but shall not be obligated obliged 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 1 contract

Samples: Senior Secured Indenture (NXP Manufacturing (Thailand) Co., 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 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 the amendment amendment, supplement or waiver becomes effective. After an amendment amendment, supplement or waiver becomes effective, it shall bind every Holder, except as otherwise provided in this Article Ten. An amendment amendment, supplement or waiver becomes requiring the consent of the Holders shall become effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (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 Guarantee Agreement) by the Company and the Trusteewritten consents specified under Section 10.2. (b) 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 in Section 10.4 or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraphSection 10.4(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 90 days after such record date.

Appears in 1 contract

Samples: Indenture (Yojne S.A.)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment amendment, supplement 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 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 the amendment amendment, supplement or waiver becomes effectiveeffective 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 clauses (a) through (i) 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 Notes. An amendment, supplement or waiver shall become effective upon receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness written consents under Section 9.1 or Section 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 Guarantee Agreement) by the Company and the Trustee. (b) applicable. 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 become valid or effective for more than 120 days after such record date.

Appears in 1 contract

Samples: Indenture (Conexant Systems 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 amendment or waiver becomes effectiveTrustee receives an Officer's Certificate from the Company certifying that the requisite number of consents have been 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 Company or the Trustee of the requisite number of consents, (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 Guarantee Agreementsupplemental indenture) by the Company and the Trustee. (b) 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 1 contract

Samples: Indenture (Cricket Communications 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 xxxx xn 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 the amendment or waiver becomes effective. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes shall become effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (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 Guarantee Agreement) by the Company and the Trusteewritten consents under Section 9.2. (b) The Company may, but shall not be obligated to, fix a record date, which need not be the date provided for in Section 3.16(c) of the TIA to the extent it would otherwise be applicable, 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 90 days after such record date.

Appears in 1 contract

Samples: Indenture (Dimon 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, unless otherwise provided in the relevant consent solicitation documentation, 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 the amendment or waiver becomes effective. After an amendment or waiver becomes effective, it shall bind every HolderNoteholder. An For this purpose, an amendment or waiver becomes effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (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 Guarantee Agreement) by the Company and the Trustee. (b) . The Company Issuers 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 paragraphparagraph but subject to any contrary provisions in the relevant consent solicitation documentation, 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, unless otherwise provided in the relevant consent solicitation documentation.

Appears in 1 contract

Samples: Indenture (Associated Materials, 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 the amendment 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 Company or the Trustee of the requisite number of consents, (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 Guarantee Agreement) by the Company and the Trustee. (b) . 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. 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 Notes and Additional Notes of the same series shall vote together as one series of Notes under this Indenture.

Appears in 1 contract

Samples: First Supplemental Indenture (Regal Entertainment Group)

Revocation and Effect of Consents and Waivers. (a) A Until an amendment, supplement or waiver becomes effective, a consent to an amendment such amendment, supplement or a waiver by a Holder of a Note shall bind is a continuing and binding consent by the Holder of a Note and every subsequent Holder of that a Note or portion of the a Note that evidences the same debt as the consenting Holder’s 's Note, even if a notation of the consent or waiver is not made on the any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent or waiver as to such Holder’s Note or portion of the its Note if the Trustee receives the written notice of revocation before the date the waiver, supplement or amendment or waiver becomes effective. After an amendment An amendment, supplement or waiver becomes effective, it shall become effective in accordance with its terms and thereafter shall bind every HolderHolder of a Note. An amendment or waiver becomes effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (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 Guarantee Agreement) by the Company and the Trustee. (b) The Company CVS may, but shall not be obligated to, fix a record date for the purpose of determining the 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 such Persons who which were Holders of Notes at such record date (or their duly designated proxies), and only those such 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 of Notes 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 (CVS Corp)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment or a supplement 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 the amendment amendment, a supplement or waiver becomes effective. After an amendment amendment, a supplement or waiver becomes effective, it shall bind every Holder. An amendment amendment, a supplement or waiver becomes shall become effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (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 Guarantee Agreement) by the Company and the Trusteewritten consents under Section 9.2. (b) The Company may, but shall not be obligated to, fix a record date, which need not be the date provided in 316(c) of the TIA to the extent it would otherwise be applicable, 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 90 days after such record datedate or, if none is set, after the date given.

Appears in 1 contract

Samples: Indenture (Coleman Cable, 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 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 the amendment amendment, supplement or waiver becomes effective. After an amendment amendment, supplement or waiver becomes effective, it shall bind every Holder, except as otherwise provided in this Article IX. An amendment amendment, supplement or waiver becomes under Section 9.2 shall become effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (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 Guarantee Agreement) by the Company and the Trusteewritten consents under Section 9.2. (b) 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 90 days after such record datedate unless the relevant action for which such consent was granted was effectively taken.

Appears in 1 contract

Samples: Indenture (Grupo Financiero Galicia Sa)

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 is a continuing consent by the Holder of a Note and every subsequent Holder of that a Note or portion of the a 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 any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent or waiver as to such Holder’s Note or portion of the its Note if the Trustee receives the written notice of revocation before the date the amendment amendment, supplement or waiver becomes effective. After an amendment or waiver becomes effective, it shall bind every Holdereffec- tive. An amendment amendment, supplement or waiver becomes effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture accordance with its terms and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the Trustee. (b) thereafter binds eve- xx Xxxxxx. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders Hold- ers entitled to give their consent or take any other action described above or required or permitted to be taken pursuant pursu- ant 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 (Townsquare Media, 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 Xxxxxx'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 the amendment or waiver becomes effective. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes shall become effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (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 Guarantee Agreement) by the Company and the Trusteewritten consents under Section 9.2. (b) The Company may, but shall not be obligated to, fix a record date, which need not be the date provided for in Section 3.16(c) of the TIA to the extent it would otherwise be applicable, 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 90 days after such record date.

Appears in 1 contract

Samples: Indenture Agreement (Dimon 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 amendment or waiver becomes effectiveTrustee receives an Officers' Certificate from the Company certifying that the requisite number of consents have been received. After an amendment or waiver becomes effective, it shall bind every HolderSecurityholder. An amendment or waiver becomes effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (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 Guarantee Agreementsupplemental indenture) by the Company and the Trustee. (b) . The 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 1 contract

Samples: Indenture (Tritel Finance 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 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 the amendment amendment, supplement or waiver becomes effective. 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 Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture and any indenture supplemental hereto containing such amendment amendment, supplement or waiver and (iii) execution of such amendment amendment, supplement or waiver (or Guarantee Agreementsupplemental indenture) by the Company and the Trustee. (ba) 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 in Section 9.02 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 (Beacon Roofing Supply 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 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 the amendment amendment, supplement or waiver becomes effective. 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 clauses (i) through (x) of Section 9.2, in which case the amendment, supplement or 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 made pursuant to Section 9.2 shall become effective upon receipt by the Company or the Trustee of the requisite number of written consents, (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 Guarantee Agreement) by the Company and the Trustee. (b) . 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 76 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 1 contract

Samples: Indenture

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 the amendment or waiver becomes effective. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the the (i) receipt by the Company Issuer or the Trustee of the requisite number of consents, (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 Guarantee Agreement) by the Company Issuer and the Trustee. (b) The Company 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 9.04(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

Samples: Indenture

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment amendment, supplement or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that such Note or portion of the such 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 such Note. However, ; provided that any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s 's Note or portion of the such Note if the Trustee receives the notice of revocation before the date the amendment amendment, supplement or waiver becomes effective. After an amendment amendment, supplement or waiver becomes effectiveeffective pursuant to this Article IX, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (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 Guarantee Agreement) by the Company and the Trustee. (b) 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 97 -90- 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 calendar days after such record date.

Appears in 1 contract

Samples: Indenture (American Communications 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 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 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 the amendment amendment, supplement or waiver becomes effectiveeffective or otherwise in accordance with any related solicitation documents. After an amendment amendment, supplement or waiver becomes effective, it shall bind every Noteholder unless it makes a change described in any of clauses (1) through (8) of Section 9.2, and in that case the amendment, supplement, waiver or other action shall bind each Noteholder who has consented to it and every subsequent Noteholder that evidences the same debt as the consenting Holder’s Notes. An amendment amendment, supplement or waiver becomes under Section 9.2 shall become effective upon the (i) receipt by the Company or the Trustee of the requisite number amount of consents, (ii) satisfaction and in relation to any Notes evidenced by Global Notes, such consents need not be in written form and may be evidenced by any electronic transmissions that comport with the applicable procedures 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 Guarantee Agreement) by the Company and the Trustee. (b) DTC. The 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 become valid or effective for more than 120 days after such record date.

Appears in 1 contract

Samples: Indenture (Basic Energy 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 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 such Note if the Trustee receives the notice of revocation before the date the amendment amendment, supplement or waiver becomes effective. After an amendment amendment, supplement or waiver becomes effective, it shall bind every Holder, except as otherwise provided in this Article IX. An amendment amendment, supplement or waiver becomes shall become effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (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 Guarantee Agreement) by the Company and the Trusteewritten consents under Section 9.2. (b) The Company may, but shall not be obligated to, fix a record date, which need not be the date provided in TIA § 316(c) to the extent it would otherwise be applicable, 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 1 contract

Samples: Indenture (MDC Partners 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 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 the amendment amendment, supplement or waiver becomes effective. After an amendment amendment, supplement or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness except as set forth otherwise provided in this Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the TrusteeARTICLE IX. (b) The Company 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 datedate unless the relevant action for which such consent was granted was effectively taken.

Appears in 1 contract

Samples: Indenture (Grupo Financiero Galicia Sa)

Revocation and Effect of Consents and Waivers. (a) A consent to an amendment a supplemental indenture or a waiver by a Holder of a Note shall bind the such Holder and every subsequent Holder of that such 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 before the date the amendment supplemental indenture or waiver becomes effective. After an amendment a supplemental indenture or waiver becomes effective, it shall bind every HolderNoteholder. An amendment Except if otherwise specified in such supplemental indenture or waiver, a supplemental indenture or waiver becomes effective upon the (i) receipt by the Company or the Trustee of once the requisite number of consents, (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 Guarantee Agreement) consents are received by the Company and Issuer or the Trustee. (b) . The Company 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 anything to the immediately preceding paragraphcontrary in 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 1 contract

Samples: Merger Agreement (Watson Wyatt 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 NoteSecurity, 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 the amendment or waiver becomes effectiveSecurity. After an amendment or waiver becomes effective, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (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 Guarantee Agreementsupplemental indenture) by the Company and the Trustee. (bk) SECTION 10.02(b) of the Indenture is hereby deleted in its entirety and replaced with the following: “A Note Guarantee of any Restricted Subsidiary which is a Note Guarantor shall be released and terminated (i) upon the sale (including by means of a merger) of all of the Capital Stock of such Note Guarantor made in compliance with the terms of this Indenture and (2) upon any release and termination of the Guarantee of the Indebtedness outstanding under the Credit Agreement (other than by reason of repayment and satisfaction of all of the Indebtedness outstanding under the Credit Agreement). At the request of the Company, the Trustee shall execute and deliver an appropriate instrument evidencing such release (in the form provided by the Company).” (l) SECTION 10.06 of the Indenture is hereby deleted in its entirety and replaced in lieu thereof with the words “[Intentionally Deleted]”. (m) The Company may, but first clause of SECTION 11.05 is hereby deleted in its entirety and replaced with the following: “Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a covenant or condition provided for in this Indenture 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.include:”

Appears in 1 contract

Samples: First Supplemental Indenture (Kansas City Southern)

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 Trustees receive written notice of revocation at the Corporate Trust Office of the U.S. Trustee before the date the amendment 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 Company Issuer or the Trustee Trustees of the requisite number of consents, (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 Guarantee Agreement) by the Company Issuer and the TrusteeTrustees. (b) The Company 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 1 contract

Samples: Indenture (Open Text 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 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 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 the amendment amendment, supplement or waiver becomes effectiveeffective 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 (8) 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 of the Note(s) that evidence(s) the same debt as the consenting Holder’s Note(s). An amendment amendment, supplement or waiver becomes shall become effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the 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 Guarantee Agreement) by the Company and the Trustee. (b) applicable. The Company 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 become valid or effective for more than 120 days after such record date.

Appears in 1 contract

Samples: Indenture (Quiksilver 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 amendment or waiver becomes effectiveTrustee receives an Officers' Certificate from the Company certifying that the requisite number of consents have been 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 Company or the Trustee of the requisite number of consents, (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 Guarantee Agreementsupplemental indenture) by the Company and the Trustee. (b) 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 76 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 (Sea Coast Foods, 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 is a continuing consent by the Holder of a Note and every subsequent Holder of that a Note or portion of the a 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 any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent or waiver as to such Holder’s Note or portion of the its Note if the Trustee receives the written notice of revocation before the date the amendment amendment, supplement or waiver becomes effective. After an amendment or waiver becomes effectiveAn amendment, it shall bind every Holder. An amendment supplement or waiver becomes effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this Indenture accordance with its terms and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreement) by the Company and the Trusteethereafter binds every Holder. (b) 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 anything herein to the immediately preceding paragraphcontrary, those Persons 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 (REV 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 consent or waiver as to such Holder’s Note or portion of the its Note if the Trustee receives the written notice of revocation before the date the amendment amendment, supplement 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 Company Issuer or the Trustee of the requisite number of consents, (ii) satisfaction of the conditions to effectiveness as set forth in this LEGAL_EU # 16733244.6 123 Indenture and any indenture supplemental hereto containing such amendment or waiver and (iii) execution of such amendment or waiver (or Guarantee Agreementsupplemental indenture) by the Company Issuer and the Trustee. (b) The Company 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) hereof, 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

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 amendment or waiver becomes effectiveTrustee receives an Officer’s Certificate from the Issuer certifying that the requisite number of consents have been 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 Company Issuer or the Trustee of the requisite number of consents, (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 Guarantee Agreementsupplemental indenture) by the Company Issuer and the Trustee. (b) The Company 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 9.04(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.only

Appears in 1 contract

Samples: Indenture (Graftech International 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 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 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 the amendment amendment, supplement or waiver becomes effectiveeffective 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, 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 Notes. An amendment amendment, supplement or waiver becomes shall become effective upon the (i) receipt by the Company Trustee or the Trustee Company of the requisite number of written consents, (ii) satisfaction of the conditions to effectiveness if any, 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 Guarantee Agreement) by the Company and the Trustee. (b) applicable. 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 1 contract

Samples: Indenture (Columbus 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 shall bind the Holder and every subsequent Holder of that such Note or portion of the such 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 such Note. However, ; provided that any such Holder or -------- subsequent Holder may revoke the consent or waiver as to such Holder’s 's Note or portion of the such Note if the Trustee receives the notice of revocation before the date the amendment amendment, supplement or waiver becomes effective. After an amendment amendment, supplement or waiver becomes effectiveeffective pursuant to this Article IX, it shall bind every Holder. An amendment or waiver becomes effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (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 Guarantee Agreement) by the Company and the Trustee. (b) 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 calendar days after such record date.

Appears in 1 contract

Samples: Indenture (Gorges Quik to Fix Foods 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 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 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 the amendment amendment, supplement or waiver becomes effectiveeffective 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 (8) 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 Notes. An amendment amendment, supplement or waiver becomes shall become effective upon the (i) receipt by the Company or the Trustee of the requisite number of consents, (ii) satisfaction of the 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 Guarantee Agreement) by the Company and the Trustee. (b) applicable. 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 become valid or effective for more than 120 days after such record date.

Appears in 1 contract

Samples: Indenture (Palace Entertainment Holdings, Inc.)

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