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

Revocation and Effect of Consents and Waivers. A consent to an amendment or a waiver by a Holder of a Security shall bind the Holder and every subsequent Holder of that Security or portion of the Security that evidences the same debt as the consenting Holder's Security, even if notation of the consent or waiver is not made on the Security. An amendment or waiver becomes effective once the requisite number of consents are received by the Company or the Trustee. After an amendment or waiver becomes effective, it shall bind every Securityholder. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the 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 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.

Revocation and Effect of Consents and Waivers. A consent to an amendment or a waiver by a Holder of a Security Note shall bind the Holder and every subsequent Holder of that Security Note or portion of the Security Note that evidences the same debt as the consenting Holder's Security’s Note, even if notation of the consent or waiver is not made on the SecurityNote. An amendment or waiver becomes effective once the requisite number of consents are received by the Company Issuer or the Trustee. After an amendment or waiver becomes effective, it shall bind every SecurityholderHolder. The Company Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Securityholders 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 Securityholders 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.

Revocation and Effect of Consents and Waivers. A consent to an amendment or a waiver by a Holder of a Security shall bind the Holder and every subsequent Holder of that Security or portion of the Security that evidences the same debt as the consenting Holder's Security, even if notation of the consent or waiver is not made on the Security. An amendment or waiver becomes effective once the requisite number of consents are received by the Company or the Trustee. After an amendment or waiver becomes effectiveeffective with respect any series of Securities, it shall bind every SecurityholderSecurityholder of such series. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the 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 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.

Revocation and Effect of Consents and Waivers. A --------------------------------------------- consent to an amendment or a waiver by a Holder of a Security shall bind the Holder and every subsequent Holder of that Security or portion of the Security that evidences the same debt as the consenting Holder's Security, even if notation of the consent or waiver is not made on the Security. An amendment or waiver becomes effective once the requisite number of consents are received by the Company or the Trustee. After an amendment or waiver becomes effectiveeffective with respect to the Securities, it shall bind every Securityholder. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the 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 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.

Revocation and Effect of Consents and Waivers. A consent to an amendment or a waiver by a Holder of a Security Note shall bind the Holder and every subsequent Holder of that Security Note or portion of the Security Note that evidences the same debt as the consenting Holder's SecurityNote, even if notation of the consent or waiver is not made on the SecurityNote. An amendment or waiver becomes effective once the requisite number of consents are received by the Company Issuer or the Trustee. After an amendment or waiver becomes effective, it shall bind every SecurityholderHolder. The Company Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Securityholders Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. 91 -84- If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Securityholders 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.

Revocation and Effect of Consents and Waivers. A consent to an amendment or a waiver by a Holder of a Security Note shall bind the Holder and every subsequent Holder of that Security Note or portion of the Security Note that evidences the same debt as the consenting Holder's SecurityNote, even if notation of the consent or waiver is not made on the SecurityNote. An amendment or waiver becomes effective once the requisite number of consents are received by the Company Issuers or the Trustee. After an amendment or waiver becomes effective, it shall bind every SecurityholderNoteholder. The Company Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Securityholders 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 Securityholders 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.

Revocation and Effect of Consents and Waivers. A consent to an amendment or a waiver by a Holder of a Security shall bind the Holder and every subsequent Holder of that Security or portion of the Security that evidences the same debt as the consenting Holder's Security, even if notation of the consent or waiver is not made on the Security. An amendment or waiver becomes effective once the requisite number of consents are received by the Company Bucyrus or the Trustee. After an amendment or waiver becomes effective, it shall bind every SecurityholderHolder. The Company Bucyrus may, but shall not be obligated to, fix a record date for the purpose of determining the Securityholders 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 Securityholders 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.