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, supplement 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. Any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Security or portion of the Security if the Trustee receives a written notice of revocation before the date the amendment, supplement or waiver becomes effective or otherwise in accordance with any related solicitation documents. After an amendment, supplement or waiver becomes effective, it shall bind every Securityholder unless it makes a change described in any of clauses (1) through (8) of Section 9.02, in which case the amendment, supplement, waiver or other action shall bind each Securityholder who has consented to it and every subsequent Securityholder that evidences the same debt as the consenting Holder’s Securities. An amendment, supplement or waiver shall become effective upon receipt by the Trustee of the requisite number of written consents under Section 9.02. 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 in Section 9.02 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. If the Trustee sets a record date for a vote or other action to be taken by Holders of the Securities, that vote or action may be taken only by persons who are holders of Outstanding Securities on the record date and the action voted upon must be effective within 90 days following the record date. ARTICLE TEN COVENANTS

Appears in 1 contract

Samples: O&M Halyard, Inc.

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Revocation and Effect of Consents and Waivers. A consent to an amendment, supplement 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. Any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Security 's Note or portion of the Security Note if the Trustee receives a written the notice of revocation before the date the amendment, supplement or waiver becomes effective or otherwise in accordance with any related solicitation documents. After an amendment, supplement or waiver becomes effective, it shall bind every Securityholder Holder unless it makes a change described in any of clauses (1) through (8) 10) of Section 9.029.2, in which case the amendment, supplement, waiver or other action shall bind each Securityholder Holder who has consented to it and every subsequent Securityholder Holder that evidences the same debt as the consenting Holder’s Securities's Notes. An amendment, supplement or waiver shall become effective upon receipt by the Trustee of the requisite number of written consents under Section 9.029.1 or 9.2 as applicable. The Company 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 in Section 9.02 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. If the Trustee sets a record date for a vote No such consent shall become valid or other action to be taken by Holders of the Securities, that vote or action may be taken only by persons who are holders of Outstanding Securities on the record date and the action voted upon must be effective within 90 more than 120 days following the after such record date. ARTICLE TEN COVENANTS.

Appears in 1 contract

Samples: Quiksilver Inc

Revocation and Effect of Consents and Waivers. A consent to an amendment, supplement 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. Any However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Security Note or portion of the Security Note if the Trustee receives a written the notice of revocation before a date and time therefor identified by the Issuer in a notice furnished to such Holder in accordance with the terms of this Indenture or, if no such date and time shall be identified, the date the amendment, supplement amendment or waiver becomes effective or otherwise in accordance with any related solicitation documentseffective. After an amendment, supplement amendment or waiver becomes effective, it shall bind every Securityholder unless it makes a change described in any of clauses (1) through (8) of Section 9.02, in which case the amendment, supplement, waiver or other action shall bind each Securityholder who has consented to it and every subsequent Securityholder that evidences the same debt as the consenting Holder’s SecuritiesNoteholder. An amendment, supplement amendment or waiver shall become becomes effective upon receipt the execution of such amendment or waiver by the Trustee of the requisite number of written consents under Section 9.02Trustee. The Company Issuer 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 in Section 9.02 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. If No such consent shall be valid or effective for more than 120 days after such record date. After an amendment becomes effective, the Trustee sets Company is required to deliver to each Holder of the Notes at the Holder’s address appearing in the Note register a record date for a vote or other action notice briefly describing the amendment. However, the failure to be taken by give this notice to all Holders of the SecuritiesNotes, that vote or action may be taken only by persons who are holders any defect therein, will not impair or affect the validity of Outstanding Securities on the record date and the action voted upon must be effective within 90 days following the record date. ARTICLE TEN COVENANTSamendment.

Appears in 1 contract

Samples: Indenture (Seadrill LTD)

Revocation and Effect of Consents and Waivers. A consent to an amendment, supplement amendment or a waiver by a Holder Senior Discount Noteholder of a Security Senior Discount Note shall bind the Holder Senior Discount Noteholder and every subsequent Holder Senior Discount Noteholder of that Security Senior Discount Note or portion of the Security Senior Discount Note that evidences the same debt as the consenting Holder’s SecuritySenior Discount Noteholder's Senior Discount Note, even if notation of the consent or waiver is not made on the SecuritySenior Discount Note. Any However, any such Holder Senior Discount Noteholder or subsequent Holder Senior Discount Noteholder may revoke the consent or waiver as to such Holder’s Security Senior Discount Noteholder's Senior Discount Note or portion of the Security Senior Discount Note if the Senior Discount Notes Trustee receives a written the notice of revocation before the date the amendment, supplement amendment or waiver becomes effective or otherwise in accordance with any related solicitation documentseffective. After an amendment, supplement amendment or waiver becomes effective, it shall bind every Securityholder unless it makes a change described in any of clauses (1) through (8) of Section 9.02, in which case the amendment, supplement, waiver or other action shall bind each Securityholder who has consented to it and every subsequent Securityholder that evidences the same debt as the consenting Holder’s SecuritiesSenior Discount Noteholder. An amendment, supplement amendment or waiver shall become becomes effective upon receipt by the Trustee of once both (i) the requisite number of written consents under Section 9.02have been received by Holdings or the Senior Discount Notes Trustee and (ii) such amendment or waiver has been executed by Holdings and the Senior Discount Notes Trustee. The Company Holdings may, but shall not be obligated to, fix a record date for the purpose of determining the Securityholders Senior Discount Noteholders entitled to give their consent or take any other action described in Section 9.02 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 Senior Discount 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 Senior Discount Noteholders after such record date. If the Trustee sets a record date No such consent shall be valid or effective for a vote or other action to be taken by Holders of the Securities, that vote or action may be taken only by persons who are holders of Outstanding Securities on the record date and the action voted upon must be effective within 90 more than 120 days following the after such record date. ARTICLE TEN COVENANTS.

Appears in 1 contract

Samples: Wesco Distribution Inc

Revocation and Effect of Consents and Waivers. Any amendment or supplemental indenture shall become effective in accordance with its terms when executed and delivered by the Issuer and the Trustee, provided that the Issuer has received the requisite consents prior thereto. The Issuer shall not be obligated to execute any such amendment or supplemental indenture 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 Issuer may elect by notice to the Trustee. A consent to an amendment, supplement supplemental indenture 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 Debt as the consenting Holder’s 's Security, even if notation of the consent or waiver is not made on the Security. Any However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s 's Security or portion of the Security if the Trustee receives a written the notice of revocation before prior to the date time that the Issuer receives the requisite number of consents to such proposed amendment, supplement supplemental indenture or waiver becomes effective or otherwise in accordance with any related solicitation documentswaiver. After an amendment, supplement supplemental indenture or waiver becomes effective, it shall bind every Securityholder unless it makes a change described in Holder. A consent to any of clauses (1) through (8) of Section 9.02, in which case the amendment, supplement, waiver or other action shall bind each Securityholder who has consented to it and every subsequent Securityholder that evidences the same debt as the consenting Holder’s Securities. An amendment, supplement supplemental indenture or waiver hereunder by any Holder given in connection with a tender of such Holder's Securities shall become effective upon receipt not be rendered invalid by the Trustee of the requisite number of written consents under Section 9.02such tender. 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 in Section 9.02 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. If the Trustee sets a record date No such consent shall be valid or effective for a vote or other action to be taken by Holders of the Securities, that vote or action may be taken only by persons who are holders of Outstanding Securities on the record date and the action voted upon must be effective within 90 more than 120 days following the after such record date. ARTICLE TEN COVENANTS.

Appears in 1 contract

Samples: Indenture (Golden State Holdings Inc)

Revocation and Effect of Consents and Waivers. A consent to an amendment, supplement 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. Any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Security Note or portion of the Security Note if the Trustee receives a written the notice of revocation before the date the amendment, supplement or waiver becomes effective or otherwise in accordance with any related solicitation documents. After an amendment, supplement or waiver becomes effective, it shall bind every Securityholder Noteholder unless it makes a change described in any of clauses (1) through (8) of Section 9.029.2, and in which that case the amendment, supplement, waiver or other action shall bind each Securityholder Noteholder who has consented to it and every subsequent Securityholder Noteholder that evidences the same debt as the consenting Holder’s SecuritiesNotes. An amendment, supplement or waiver under Section 9.2 shall become effective upon receipt by the Trustee of the requisite number of consents, and in relation to any Notes evidenced by Global Notes, such consents need not be in written consents under Section 9.02form and may be evidenced by any electronic transmissions that comport with the applicable procedures of DTC. The Company Issuer 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 in Section 9.02 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. If the Trustee sets a record date for a vote No such consent shall become valid or other action to be taken by Holders of the Securities, that vote or action may be taken only by persons who are holders of Outstanding Securities on the record date and the action voted upon must be effective within 90 more than 120 days following the after such record date. ARTICLE TEN COVENANTS108

Appears in 1 contract

Samples: Indenture (ANTERO RESOURCES Corp)

Revocation and Effect of Consents and Waivers. A consent to an amendment, supplement 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. Any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Security Note or portion of the Security Note if the Trustee receives a written the notice of revocation before the date the amendment, supplement or waiver becomes effective or otherwise in accordance with any related solicitation documents. After an amendment, supplement or waiver becomes effective, it shall bind every Securityholder Holder unless it makes a change described in any of clauses (1) through (8) 9) of Section 9.029.2, in which case the amendment, supplement, waiver or other action shall bind each Securityholder Holder who has consented to it and every subsequent Securityholder Holder of the Note(s) that evidences evidence(s) the same debt as the consenting Holder’s SecuritiesNote(s). An amendment, supplement or waiver shall become effective upon receipt by the Trustee of the requisite number of written consents under Section 9.029.1 or 9.2 as applicable. 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 in Section 9.02 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. If the Trustee sets a record date for a vote No such consent shall become valid or other action to be taken by Holders of the Securities, that vote or action may be taken only by persons who are holders of Outstanding Securities on the record date and the action voted upon must be effective within 90 more than 120 days following the after such record date. ARTICLE TEN COVENANTS.

Appears in 1 contract

Samples: Quiksilver Inc

Revocation and Effect of Consents and Waivers. A consent to an amendment, supplement amendment or a waiver by a Holder of a Security shall be a continuing consent and 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 SecuritySAME DEBT AS THE CONSENTING HOLDER’S SECURITY, even if notation of the consent or waiver is not made on the SecurityEVEN IF NOTATION OF THE CONSENT OR WAIVER IS NOT MADE ON THE SECURITY. Any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Security or portion of the Security if the Trustee receives a written notice of revocation HOWEVER, ANY SUCH HOLDER OR SUBSEQUENT HOLDER MAY REVOKE THE CONSENT OR WAIVER AS TO SUCH HOLDER’S SECURITY OR PORTION OF THE SECURITY IF THE TRUSTEE RECEIVES THE NOTICE OF REVOCATION in writing before the date the amendment, supplement amendment or waiver becomes effective or otherwise in accordance with any related solicitation documentseffective. After an amendment, supplement amendment or waiver becomes effective, it shall bind every Securityholder unless it makes a change described in any of clauses (1) through (8) of Section 9.02, in which case the amendment, supplement, waiver or other action shall bind each Securityholder who has consented to it and every subsequent Securityholder that evidences the same debt as the consenting Holder’s SecuritiesSecurityholder. An amendment, supplement amendment or waiver shall become becomes effective upon receipt the execution of such amendment or waiver by the Trustee of the requisite number of written consents under Section 9.02Trustee. 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 in Section 9.02 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. If the Trustee sets a No such consent shall be valid or effective for more than 120 days after such record date for a vote or other action to be taken by unless consent from the Holders of the Securities, that vote principal amount of Securities required hereunder for such amendment or action may be taken only by persons who are holders of Outstanding Securities on the record date and the action voted upon must waiver to be effective also shall have been given and not revoked within 90 days following such 120-day period. After an amendment or waiver becomes effective, it will bind every Holder, unless it makes a change described in any of clauses (1) through (12) of Section 9.02, in which case, the record date. ARTICLE TEN COVENANTSamendment or waiver will bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same Indebtedness as the consenting Holder's Security.

Appears in 1 contract

Samples: Indenture (CBL & Associates Limited Partnership)

Revocation and Effect of Consents and Waivers. 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, supplement 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 's Security, even if notation of the consent consent, supplement or waiver is not made on the Security. Any However, any such Holder or subsequent Holder may revoke the consent that consent, supplement or waiver as to such Holder’s Holder s Security or portion of the Security if the Trustee receives a written the notice of revocation before the date the amendment, supplement amendment or waiver becomes effective or otherwise in accordance with any related solicitation documentseffective. After an amendment, supplement or waiver becomes effective, it shall bind every Securityholder unless it makes a change described in any of clauses (1) through (8) of Section 9.02, in which case the amendment, supplement, waiver or other action shall bind each Securityholder who has consented to it and every subsequent Securityholder that evidences the same debt as the consenting Holder’s Securities. An amendment, supplement or waiver shall become effective upon receipt by the Trustee of the requisite number of written consents under Section 9.02Securityholder. 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 to any amendment, supplement, or waiver or take any other action described in Section 9.02 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 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. If the Trustee sets a record date No such consent shall be valid or effective for a vote or other action to be taken by Holders of the Securities, that vote or action may be taken only by persons who are holders of Outstanding Securities on the record date and the action voted upon must be effective within more than 90 days following the after such record date. ARTICLE TEN COVENANTS.

Appears in 1 contract

Samples: Indenture (Town & Country Corp)

Revocation and Effect of Consents and Waivers. A consent to an amendment, supplement 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. Any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Security Note or portion of the Security Note if the Trustee receives a written the notice of revocation before the date the amendment, supplement or waiver becomes effective or otherwise in accordance with any related solicitation documents. After an amendment, supplement or waiver becomes effective, it shall bind every Securityholder Noteholder unless it makes a change described in any of clauses (1) through (8) of Section 9.029.2, and in which that case the amendment, supplement, waiver or other action shall bind each Securityholder Noteholder who has consented to it and every subsequent Securityholder Noteholder that evidences the same debt as the consenting Holder’s SecuritiesNotes. An amendment, supplement or waiver under Section 9.2 shall become effective upon receipt by the Trustee of the requisite number of consents, and in relation to any Notes evidenced by Global Notes, such consents need not be in written consents under Section 9.02form and may be evidenced by any electronic transmissions that comport with the applicable procedures of DTC. The Company Issuer 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 in Section 9.02 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. If the Trustee sets a record date for a vote No such consent shall become valid or other action to be taken by Holders of the Securities, that vote or action may be taken only by persons who are holders of Outstanding Securities on the record date and the action voted upon must be effective within 90 more than 120 days following the after such record date. ARTICLE TEN COVENANTS.

Appears in 1 contract

Samples: Indenture (ANTERO RESOURCES Corp)

Revocation and Effect of Consents and Waivers. A consent to an amendment, supplement 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. Any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Security Note or portion of the Security Note if the Trustee receives a written the notice of revocation before the date the amendment, supplement or waiver becomes effective or otherwise in accordance with any related solicitation documents. After an amendment, supplement or waiver becomes effective, it shall bind every Securityholder Holder unless it makes a change described in any of clauses (1) through (8) of Section 9.029.2, in which case the amendment, supplement, waiver or other action shall bind each Securityholder Holder who has consented to it and every subsequent Securityholder Holder that evidences the same debt as the consenting Holder’s SecuritiesNotes. An amendment, supplement or waiver shall become effective upon receipt by the Trustee of the requisite number of written consents under Section 9.029.1 or 9.2 as applicable. The Company 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 in Section 9.02 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. If the Trustee sets a record date for a vote No such consent shall become valid or other action to be taken by Holders of the Securities, that vote or action may be taken only by persons who are holders of Outstanding Securities on the record date and the action voted upon must be effective within 90 more than 120 days following the after such record date. ARTICLE TEN COVENANTS.

Appears in 1 contract

Samples: Indenture (Palace Entertainment Holdings, Inc.)

Revocation and Effect of Consents and Waivers. A consent to an amendment, supplement 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. Any However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Security Note or portion of the Security Note if the Trustee receives a written the notice of revocation before the date the amendment, supplement amendment or waiver becomes effective or otherwise in accordance with any related solicitation documentseffective. After an amendment, supplement amendment or waiver becomes effective, it shall bind every Securityholder unless it makes a change described in any of clauses (1) through (8) of Section 9.02, in which case the amendment, supplement, waiver or other action shall bind each Securityholder who has consented to it and every subsequent Securityholder that evidences the same debt as the consenting Holder’s Securities. An amendment, supplement amendment or waiver shall become becomes effective upon receipt the execution of such amendment or waiver by the Trustee of the requisite number of written consents under Section 9.02Trustee. 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 in Section 9.02 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 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. If the Trustee sets a record date No such consent shall be valid or effective for a vote or other action to be taken by Holders of the Securities, that vote or action may be taken only by persons who are holders of Outstanding Securities on the record date and the action voted upon must be effective within 90 more than 180 days following the after such record date. ARTICLE TEN COVENANTSFor all purposes of this Indenture, all Initial Notes and Additional Notes shall vote together as one series of Notes under this Indenture.

Appears in 1 contract

Samples: Intercreditor Agreement (Amc Entertainment Holdings, Inc.)

Revocation and Effect of Consents and Waivers. A consent to an amendment, supplement 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. Any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Security Note or portion of the Security Note if the Trustee receives a written the notice of revocation before the date the amendment, supplement or waiver becomes effective or otherwise in accordance with any related solicitation documents. After an amendment, supplement or waiver becomes effective, it shall bind every Securityholder Holder unless it makes a change described in any of clauses (1) through (8) of Section 9.029.2, in which case the amendment, supplement, waiver or other action shall bind each Securityholder Holder who has consented to it and every subsequent Securityholder Holder of the Note(s) that evidences evidence(s) the same debt as the consenting Holder’s SecuritiesNote(s). An amendment, supplement or waiver shall become effective upon receipt by the Trustee of the requisite number of written consents under Section 9.029.1 or 9.2 as applicable. The Company Issuers 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 in Section 9.02 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. If the Trustee sets a record date for a vote No such consent shall become valid or other action to be taken by Holders of the Securities, that vote or action may be taken only by persons who are holders of Outstanding Securities on the record date and the action voted upon must be effective within 90 more than 120 days following the after such record date. ARTICLE TEN COVENANTS.

Appears in 1 contract

Samples: Quiksilver (Quiksilver Inc)

Revocation and Effect of Consents and Waivers. A consent to an amendment, supplement 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. Any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Security or portion of the Security if the Trustee receives a written the notice of revocation before the date the amendment, supplement or waiver becomes effective or otherwise in accordance with any related solicitation documents. After an amendment, supplement or waiver becomes effective, it shall bind every Securityholder Holder unless it makes a change described in any of clauses (1) through (8) 9) of Section 9.029.2, in which case the amendment, supplement, waiver or other action shall bind each Securityholder Holder who has consented to it and every subsequent Securityholder Holder that evidences the same debt as the consenting HolderXxxxxx’s Securities. An amendment, supplement or waiver shall become effective upon receipt by the Trustee of the requisite number of written consents under Section 9.029.1 or 9.2 as applicable. The Company 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 in Section 9.02 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. If the Trustee sets a record date for a vote No such consent shall become valid or other action to be taken by Holders of the Securities, that vote or action may be taken only by persons who are holders of Outstanding Securities on the record date and the action voted upon must be effective within 90 more than 120 days following the after such record date. ARTICLE TEN COVENANTS.

Appears in 1 contract

Samples: Indenture (Libbey Inc)

Revocation and Effect of Consents and Waivers. A consent to an amendment, supplement amendment or a waiver by a Holder of a Security shall be a continuing consent and 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. Any However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Security or portion of the Security if the Trustee receives a written the notice of revocation before the date the amendment, supplement amendment or waiver becomes effective or otherwise in accordance with any related solicitation documentseffective. After an amendment, supplement amendment or waiver becomes effective, it shall bind every Securityholder unless it makes a change described in any of clauses (1) through (8) of Section 9.02, in which case the amendment, supplement, waiver or other action shall bind each Securityholder who has consented to it and every subsequent Securityholder that evidences the same debt as the consenting Holder’s SecuritiesSecurityholder. An amendment, supplement amendment or waiver shall become becomes effective upon receipt the execution of such amendment or waiver by the Trustee of the requisite number of written consents under Section 9.02Trustee. 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 in Section 9.02 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. If the Trustee sets a No such consent shall be valid or effective for more than 120 days after such record date for a vote or other action to be taken by unless consent from the Holders of the Securities, that vote principal amount of Securities required hereunder for such amendment or action may be taken only by persons who are holders of Outstanding Securities on the record date and the action voted upon must waiver to be effective also shall have been given and not revoked within 90 days following such 120-day period. After an amendment or waiver becomes effective, it will bind every Holder, unless it makes a change described in any of clauses (1) through (11) of Section 9.02, in which case, the record date. ARTICLE TEN COVENANTSamendment or waiver will bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same Indebtedness as the consenting Xxxxxx's Security.

Appears in 1 contract

Samples: Indenture (CBL & Associates Limited Partnership)

Revocation and Effect of Consents and Waivers. A consent to an amendment, supplement 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. Any However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Security or portion of the Security if the Trustee receives a written the notice of revocation before the date the amendment, supplement or waiver becomes effective or otherwise in accordance with any related solicitation documentseffective. After an amendment, supplement or waiver becomes effective, it shall bind every Securityholder Holder unless it makes a change described in any of clauses (1i) through (8) x) of Section 9.029.2, in which case the amendment, supplement, supplement or waiver or other action shall bind each Securityholder Holder who has consented to it and every subsequent Securityholder 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 Trustee of the requisite number of written consents under Section 9.02consents. The Company 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 in Section 9.02 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. If the Trustee sets a record date for a vote No such consent shall become valid or other action to be taken by Holders of the Securities, that vote or action may be taken only by persons who are holders of Outstanding Securities on the record date and the action voted upon must be effective within 90 more than 120 days following the after such record date. ARTICLE TEN COVENANTS.

Appears in 1 contract

Samples: UCP, Inc.

Revocation and Effect of Consents and Waivers. A consent to an amendment, supplement 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. Any However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Security Note or portion of the Security Note if the Trustee receives a written the notice of revocation before the date the amendment, supplement or waiver becomes effective or otherwise in accordance with any related solicitation documentseffective. After an amendment, supplement or waiver becomes effective, it shall bind every Securityholder unless it makes a change described in any Holder of clauses (1) through (8) of Section 9.02, in which case the each Series affected by such amendment, supplement, waiver supplement or other action shall bind each Securityholder who has consented to it and every subsequent Securityholder that evidences the same debt as the consenting Holder’s Securitieswaiver. An amendment, supplement or waiver shall become becomes effective upon receipt by the Trustee of once both (i) the requisite number of written consents under Section 9.02have been received by the Company or the Trustee and (ii) such amendment or waiver has been executed by the Company and the Trustee. The Company 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 in Section 9.02 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. If No such consent shall be valid or effective unless it shall become effective pursuant to the Trustee sets a record date for a vote or other action to be taken by Holders provisions of the Securities, that vote or action may be taken only by persons who are holders of Outstanding Securities on the record date and the action voted upon must be effective this Indenture within 90 120 days following the after such record date. ARTICLE TEN COVENANTS.

Appears in 1 contract

Samples: Indenture (UL Solutions Inc.)

Revocation and Effect of Consents and Waivers. A consent to an amendment, supplement amendment or a waiver by a Holder of a Security shall be a continuing consent and 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. Any However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Security or portion of the Security if the Trustee receives a written the notice of revocation in writing before the date the amendment, supplement amendment or waiver becomes effective or otherwise in accordance with any related solicitation documentseffective. After an amendment, supplement amendment or waiver becomes effective, it shall bind every Securityholder unless it makes a change described in any of clauses (1) through (8) of Section 9.02, in which case the amendment, supplement, waiver or other action shall bind each Securityholder who has consented to it and every subsequent Securityholder that evidences the same debt as the consenting Holder’s SecuritiesSecurityholder. An amendment, supplement amendment or waiver shall become becomes effective upon receipt the execution of such amendment or waiver by the Trustee of the requisite number of written consents under Section 9.02Trustee. 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 in Section 9.02 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. If the Trustee sets a No such consent shall be valid or effective for more than 120 days after such record date for a vote or other action to be taken by unless consent from the Holders of the Securities, that vote principal amount of Securities required hereunder for such amendment or action may be taken only by persons who are holders of Outstanding Securities on the record date and the action voted upon must waiver to be effective also shall have been given and not revoked within 90 days following such 120-day period. After an amendment or waiver becomes effective, it will bind every Holder, unless it makes a change described in any of clauses (1) through (13) of Section 9.02, in which case, the record date. ARTICLE TEN COVENANTSamendment or waiver will bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same Indebtedness as the consenting Holder’s Security.

Appears in 1 contract

Samples: Indenture (CBL & Associates Limited Partnership)

Revocation and Effect of Consents and Waivers. A consent to an amendment, supplement amendment or a waiver by a Holder of a Security shall be a continuing consent and 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. Any However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Security or portion of the Security if the Trustee receives a written the notice of revocation before the date the amendment, supplement or waiver becomes effective or otherwise in accordance with any related solicitation documents. After an amendment, supplement amendment or waiver becomes effective. After an amendment or WAIVER BECOMES EFFECTIVE, it shall bind every Securityholder unless it makes a change described in any of clauses (1) through (8) of Section 9.02, in which case the amendment, supplement, waiver or other action shall bind each Securityholder who has consented to it and every subsequent Securityholder that evidences the same debt as the consenting Holder’s SecuritiesIT SHALL BIND EVERY SECURITYHOLDER. An amendment, supplement or waiver shall become effective upon receipt by the Trustee of the requisite number of written consents under Section 9.02AN AMENDMENT OR WAIVER BECOMES EFFECTIVE UPON THE EXECUTION OF SUCH AMENDMENT OR WAIVER BY THE TRUSTEE. 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 in Section 9.02 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. If the Trustee sets a No such consent shall be valid or effective for more than 120 days after such record date for a vote or other action to be taken by unless consent from the Holders of the Securities, that vote principal amount of Securities required hereunder for such amendment or action may be taken only by persons who are holders of Outstanding Securities on the record date and the action voted upon must waiver to be effective also shall have been given and not revoked within 90 days following such 120-day period. After an amendment or waiver becomes effective, it will bind every Holder, unless it makes a change described in any of clauses (1) through (12) of Section 9.02, in which case, the record date. ARTICLE TEN COVENANTSamendment or waiver will bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same Indebtedness as the consenting Holder's Security.

Appears in 1 contract

Samples: Indenture (CBL & Associates Limited Partnership)

Revocation and Effect of Consents and Waivers. A consent to an amendment, supplement 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. Any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Security or portion of the Security if the Trustee receives a written and the Issuer receive the notice of revocation before the date the amendment, supplement or waiver becomes effective or otherwise in accordance with any related solicitation documents. After an amendment, supplement or waiver becomes effective, it shall bind every Securityholder unless it makes a change described in any of clauses (1) through (8) 10) of Section 9.029.2, and in which that case the amendment, supplement, waiver or other action shall bind each Securityholder who has consented to it and every subsequent Securityholder that evidences the same debt as the consenting Holder’s Securities. An amendment, supplement or waiver under Section 9.2 shall become effective upon receipt by the Trustee Issuer of the requisite number of consents, and in relation to any Securities evidenced by Global Securities, such consents need not be in written consents under Section 9.02form and may be evidenced by any electronic transmissions that comport with the applicable procedures of DTC. The Company Issuer 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 in Section 9.02 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. If the Trustee sets a record date for a vote No such consent shall become valid or other action to be taken by Holders of the Securities, that vote or action may be taken only by persons who are holders of Outstanding Securities on the record date and the action voted upon must be effective within 90 more than 120 days following the after such record date. ARTICLE TEN COVENANTS.

Appears in 1 contract

Samples: Indenture (Ultra Petroleum Corp)

Revocation and Effect of Consents and Waivers. A consent to an amendment, supplement 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. Any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Security or portion of the Security if the Trustee receives a written the notice of revocation before the date the amendment, supplement or waiver becomes effective or otherwise in accordance with any related solicitation documents. After an amendment, supplement or waiver becomes effective, it shall bind every Securityholder unless it makes a change described in any of clauses (1) through (8) 10) of Section 9.029.2, and in which that case the amendment, supplement, waiver or other action shall bind each Securityholder who has consented to it and every subsequent Securityholder that evidences the same debt as the consenting Holder’s Securities. An amendment, supplement or waiver under Section 9.2 shall become effective upon receipt by the Trustee of the requisite number of consents, and in relation to any Securities evidenced by Global Securities, such consents need not be in written consents under Section 9.02form and may be evidenced by any electronic transmissions that comport with the applicable procedures of DTC. 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 in Section 9.02 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. If the Trustee sets a record date for a vote No such consent shall become valid or other action to be taken by Holders of the Securities, that vote or action may be taken only by persons who are holders of Outstanding Securities on the record date and the action voted upon must be effective within 90 more than 120 days following the after such record date. ARTICLE TEN COVENANTS.

Appears in 1 contract

Samples: Indenture (Warren Resources Inc)

Revocation and Effect of Consents and Waivers. Any amendment to any Indenture Documents, including the Notes, shall become effective in accordance with its terms when executed and delivered by the Company and the Trustee provided that the Company has received the requisite consents prior thereto. The Company shall not be obligated to execute any such amendment regardless of whether such consents have been received. Any waiver shall become effective when the requisite consents have been received or such later time as the Company may elect by notice to the Trustee. A consent to an amendment, supplement 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. Any However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Security 's Note or portion of the Security Note if the Trustee receives a written the notice of revocation before prior to the date time that the amendment, supplement Company receives the requisite number of consents to such proposed amendment or waiver becomes effective or otherwise in accordance with any related solicitation documentswaiver. After an amendment, supplement amendment or waiver becomes effective, it shall bind every Securityholder unless it makes a change described in Noteholder. A consent to any of clauses (1) through (8) of Section 9.02, in which case the amendment, supplement, waiver or other action shall bind each Securityholder who has consented to it and every subsequent Securityholder that evidences the same debt as the consenting Holder’s Securities. An amendment, supplement amendment or waiver hereunder by any Holder given in connection with a tender of such Holder's Notes shall become effective upon receipt not be rendered invalid by the Trustee of the requisite number of written consents under Section 9.02such tender. The Company 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 in Section 9.02 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. If the Trustee sets a record date No such consent shall be valid or effective for a vote or other action to be taken by Holders of the Securities, that vote or action may be taken only by persons who are holders of Outstanding Securities on the record date and the action voted upon must be effective within 90 more than 120 days following the after such record date. ARTICLE TEN COVENANTS.

Appears in 1 contract

Samples: Indenture (Revlon Consumer Products Corp)

Revocation and Effect of Consents and Waivers. A consent to an amendment, supplement 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. Any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Security Note or portion of the Security Note if the Trustee receives a written the notice of revocation before the date the amendment, supplement or waiver becomes effective or otherwise in accordance with any related solicitation documents. After an amendment, supplement or waiver becomes effective, it shall bind every Securityholder Noteholder unless it makes a change described in any of clauses (1) through (8) of Section 9.029.2, and in which that case the amendment, supplement, waiver or other action shall bind each Securityholder Noteholder who has consented to it and every subsequent Securityholder Noteholder that evidences the same debt as the consenting Holder’s SecuritiesNotes. An amendment, supplement or waiver under Section 9.2 shall become effective upon receipt by the Trustee of the requisite number of consents, and in relation to any Notes evidenced by Global Notes, such consents need not be in written consents under Section 9.02form and may be evidenced by any electronic transmissions that comport with the applicable procedures of DTC. 109 The Company Issuer 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 in Section 9.02 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. If the Trustee sets a record date for a vote No such consent shall become valid or other action to be taken by Holders of the Securities, that vote or action may be taken only by persons who are holders of Outstanding Securities on the record date and the action voted upon must be effective within 90 more than 120 days following the after such record date. ARTICLE TEN COVENANTS.

Appears in 1 contract

Samples: Indenture (ANTERO RESOURCES Corp)

Revocation and Effect of Consents and Waivers. A consent to an amendment, supplement 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. Any However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Security or portion of the Security if the Trustee receives a written the notice of revocation before the date the amendment, supplement or waiver becomes effective or otherwise in accordance with any related solicitation documentseffective. After an amendment, supplement amendment or waiver becomes effective, it shall bind every Securityholder Holder unless it makes a change described in any of clauses (1i) through (8) x) of Section 9.029.2, in which case the amendment, supplement, supplement or waiver or other action shall bind each Securityholder Holder who has consented to it and every subsequent Securityholder Holder that evidences the same debt as the consenting Holder’s Securities. An amendment, supplement amendment or waiver made pursuant to Section 9.2 shall become effective upon receipt by the Trustee of the requisite number of written consents under Section 9.02consents. The Company 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 in Section 9.02 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. If the Trustee sets a record date for a vote No such consent shall become valid or other action to be taken by Holders of the Securities, that vote or action may be taken only by persons who are holders of Outstanding Securities on the record date and the action voted upon must be effective within 90 more than 120 days following the after such record date. ARTICLE TEN COVENANTS.

Appears in 1 contract

Samples: Indenture (Brunswick Corp)

Revocation and Effect of Consents and Waivers. A consent to an amendment, supplement 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. Any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Security or portion of the Security if the Trustee receives a the written notice of revocation before the date the amendment, supplement or waiver becomes effective or otherwise in accordance with any related solicitation documents. After an amendment, supplement or waiver becomes effective, it shall bind every Securityholder Holder unless it makes a change described in any of clauses (1) through (8) of Section 9.029.2, in which case the amendment, supplement, waiver or other action shall bind each Securityholder Holder who has consented to it and every subsequent Securityholder Holder that evidences the same debt as the consenting Holder’s Securities. An amendment, supplement or waiver shall become effective upon receipt by the Trustee of the requisite number of written consents under Section 9.029.1 or 9.2 as applicable. 110 The Company Issuers 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 in Section 9.02 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. If the Trustee sets a record date for a vote No such consent shall become valid or other action to be taken by Holders of the Securities, that vote or action may be taken only by persons who are holders of Outstanding Securities on the record date and the action voted upon must be effective within 90 more than 120 days following the after such record date. ARTICLE TEN COVENANTS.

Appears in 1 contract

Samples: Indenture (Mirant Corp)

Revocation and Effect of Consents and Waivers. A consent to an amendment, supplement amendment or a waiver by a Holder Senior Subordinated Noteholder of a Security Senior Subordinated Note shall bind the Holder Senior Subordinated Noteholder and every subsequent Holder Senior Subordinated Noteholder of that Security Senior Subordinated Note or portion of the Security Senior Subordinated Note that evidences the same debt as the consenting Holder’s SecuritySenior Subordinated Noteholder's Senior Subordinated Note, even if notation of the consent or waiver is not made on the SecuritySenior Subordinated Note. Any However, any such Holder Senior Subordinated Noteholder or subsequent Holder Senior Subordinated Noteholder may revoke the consent or waiver as to such Holder’s Security Senior Subordinated Noteholder's Senior Subordinated Note or portion of the Security Senior Subordinated Note if the Senior Subordinated Notes Trustee receives a written the notice of revocation before the date the amendment, supplement amendment or waiver becomes effective or otherwise in accordance with any related solicitation documentseffective. After an amendment, supplement amendment or waiver becomes effective, it shall bind every Securityholder unless it makes a change described in any of clauses (1) through (8) of Section 9.02, in which case the amendment, supplement, waiver or other action shall bind each Securityholder who has consented to it and every subsequent Securityholder that evidences the same debt as the consenting Holder’s SecuritiesSenior Subordinated Noteholder. An amendment, supplement amendment or waiver shall become becomes effective upon receipt by the Trustee of once both (i) the requisite number of written consents under Section 9.02have been received by the Company or the Senior Subordinated Notes Trustee and (ii) such amendment or waiver has been executed by the Company and the Senior Subordinated Notes Trustee. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Securityholders Senior Subordinated Noteholders entitled to give their consent or take any other action described in Section 9.02 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 Senior Subordinated 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 Senior Subordinated Noteholders after such record date. If the Trustee sets a record date No such consent shall be valid or effective for a vote or other action to be taken by Holders of the Securities, that vote or action may be taken only by persons who are holders of Outstanding Securities on the record date and the action voted upon must be effective within 90 more than 120 days following the after such record date. ARTICLE TEN COVENANTS.

Appears in 1 contract

Samples: Indenture (Wesco Distribution Inc)

Revocation and Effect of Consents and Waivers. A consent to an amendment, supplement 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. Any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Security Note or portion of the Security Note if the Trustee receives a written the notice of revocation before the date the amendment, supplement or waiver becomes effective or as otherwise provided in accordance with any related solicitation documents. After an amendment, supplement or waiver becomes effective, it shall bind every Securityholder Holder unless it makes a change described in any of clauses (1) through (8) 10) of Section 9.029.2, and in which that case the amendment, supplement, waiver or other action shall bind each Securityholder Holder who has consented to it and every subsequent Securityholder Holder that evidences the same debt as the consenting Holder’s SecuritiesNotes. An Any consent to an amendment, supplement or waiver under Section 9.2 shall become effective upon receipt by the Trustee of the requisite number amount of consents, and in relation to any Notes evidenced by Global Notes, such consents need not be in written consents under Section 9.02form and may be evidenced by any electronic transmissions that comport with the applicable procedures of DTC. The Company 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 in Section 9.02 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. If the Trustee sets a record date for a vote No such consent shall become valid or other action to be taken by Holders of the Securities, that vote or action may be taken only by persons who are holders of Outstanding Securities on the record date and the action voted upon must be effective within 90 more than 120 days following the after such record date. ARTICLE TEN COVENANTS.

Appears in 1 contract

Samples: Earthstone Energy Inc

Revocation and Effect of Consents and Waivers. Any --------------------------------------------- amendment to this Indenture or the Notes shall become effective in accordance with its terms when executed and delivered by the Company and the Trustee provided that the Company has received the requisite consents prior -------- thereto. The Company shall not be obligated to execute any such amendment regardless of whether such consents have been received. Any waiver shall become effective when the requisite consents have been received or such later time as the Company may elect by notice to the Trustee. A consent to an amendment, supplement 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. Any However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Security 's Note or portion of the Security Note if the Trustee receives a written the notice of revocation before prior to the date time that the amendment, supplement Company receives the requisite number of consents to such pro- posed amendment or waiver becomes effective or otherwise in accordance with any related solicitation documentswaiver. After an amendment, supplement amendment or waiver becomes effective, it shall bind every Securityholder unless it makes a change described in Noteholder. A consent to any of clauses (1) through (8) of Section 9.02, in which case the amendment, supplement, waiver or other action shall bind each Securityholder who has consented to it and every subsequent Securityholder that evidences the same debt as the consenting Holder’s Securities. An amendment, supplement amendment or waiver hereunder by any Holder given in connection with a tender of such Holder's Notes shall become effective upon receipt not be rendered invalid by the Trustee of the requisite number of written consents under Section 9.02such tender. The Company 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 in Section 9.02 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. If the Trustee sets a record date No such consent shall be valid or effective for a vote or other action to be taken by Holders of the Securities, that vote or action may be taken only by persons who are holders of Outstanding Securities on the record date and the action voted upon must be effective within 90 more than 120 days following the after such record date. ARTICLE TEN COVENANTS.

Appears in 1 contract

Samples: Asset Transfer Agreement (Rev Holdings Inc)

Revocation and Effect of Consents and Waivers. A --------------------------------------------- consent to an amendment, amendment or supplement to or a waiver of this Indenture by a Holder of a Security Discount Note shall bind the such Holder and every subsequent Holder of that Security Discount Note or portion of the Security Discount Note that evidences the same debt as the consenting Holder’s Security's Discount Note, even if notation of the consent or waiver is not made on the SecurityDiscount Note. Any However, any such Holder or subsequent Holder may revoke the any consent or waiver as to such Holder’s Security 's Discount Note or portion of the Security Discount Note if the Trustee receives a written the notice of revocation before the date the applicable amendment, supplement or waiver becomes effective or otherwise in accordance with any related solicitation documentseffective. After an amendment, supplement or waiver becomes effective, it shall bind every Securityholder unless it makes a change described in any of clauses (1) through (8) of Section 9.02, in which case the amendment, supplement, waiver or other action shall bind each Securityholder who has consented to it and every subsequent Securityholder that evidences the same debt as the consenting Holder’s SecuritiesNoteholder. An amendment, supplement or waiver shall become becomes effective upon receipt the execution of such amendment, supplement or waiver by Holdings and the Trustee of the requisite number of written consents under Section 9.02Trustee. The Company 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 in Section 9.02 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. If the Trustee sets a record date No such consent shall be valid or effective for a vote or other action to be taken by Holders of the Securities, that vote or action may be taken only by persons who are holders of Outstanding Securities on the record date and the action voted upon must be effective within 90 more than 120 days following the after such record date. ARTICLE TEN COVENANTSAfter an amendment, supplement or waiver becomes effective, it shall bind every Holder of Discount Notes, unless it makes a change described in the second sentence of the first paragraph of Section 9.02 or the second paragraph of Section 9.02, in which case the amendment, supplement or waiver shall bind only those Noteholders which consented to it and every subsequent Holder of a Discount Note or portion thereof which evidences the same debt as a consenting Holder's Discount Note.

Appears in 1 contract

Samples: Iron Age Holdings Corp

Revocation and Effect of Consents and Waivers. 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, supplement 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 Debt as the consenting Holder’s Security's Note, even if notation of the consent or waiver is not made on the SecurityNote. Any However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Security 's Note or portion of the Security Note if the Trustee Company receives a written the notice of revocation before the date the amendment, supplement amendment or waiver becomes effective or otherwise in accordance with any related solicitation documentseffective. After an amendment, supplement amendment or waiver becomes effective, it shall bind every Securityholder unless it makes Holder of a change described in any of clauses (1) through (8) of Section 9.02, in which case the amendment, supplement, waiver or other action shall bind each Securityholder who has consented to it and every subsequent Securityholder that evidences the same debt as the consenting Holder’s Securities. An amendment, supplement or waiver shall become effective upon receipt by the Trustee of the requisite number of written consents under Section 9.02Note. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Securityholders Holders of Notes entitled to give their consent or take any other action described in Section 9.02 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 Securityholders 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. If the Trustee sets a record date No such consent shall be valid or effective for a vote or other action to be taken by Holders of the Securities, that vote or action may be taken only by persons who are holders of Outstanding Securities on the record date and the action voted upon must be effective within 90 more than 120 days following the after such record date. ARTICLE TEN COVENANTS.

Appears in 1 contract

Samples: Subordinated Note Agreement (HCC Industries International)

Revocation and Effect of Consents and Waivers. A consent to an amendment, supplement amendment or a waiver by a Holder Noteholder of a Security Note shall bind the Holder Noteholder and every subsequent Holder Noteholder of that Security Note or portion of the Security Note that evidences the same debt as the consenting HolderNoteholder’s SecurityNote, even if notation of the consent or waiver is not made on the SecurityNote. Any However, any such Holder Noteholder or subsequent Holder Noteholder may revoke the consent or waiver as to such HolderNoteholder’s Security Note or portion of the Security Note if the Trustee receives a written the notice of revocation before the date the amendment, supplement amendment or waiver becomes effective. An amendment or waiver becomes effective or otherwise in accordance with any related solicitation documents. After an amendment, supplement or waiver becomes effective, it shall bind every Securityholder unless it makes a change described in any of clauses (1) through (8) of Section 9.02, in which case the amendment, supplement, waiver or other action shall bind each Securityholder who has consented to it and every subsequent Securityholder that evidences the same debt as the consenting Holder’s Securities. An amendment, supplement or waiver shall become effective upon receipt by the Trustee of the requisite number of written consents under Section 9.02its terms. The Company 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 in Section 9.02 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 Noteholders after such record date. If No such consent shall be valid or effective for more than 120 calendar days after such record date. For purposes of this Indenture, the consent of the Holder of a Global Note shall be deemed to include any consent delivered by any member of, or participant in, any Depositary or DTC, any nominees thereof and their respective successors and assigns, or such other depositary institution hereinafter appointed by the Company (“Depositary Entity”) by electronic means in accordance with the Automated Tender Offer Procedures system or other customary procedures of, and pursuant to authorization by, such Depositary Entity. Without limiting the generality of this Section 8.03, unless otherwise provided in or pursuant to this Indenture, a Holder, including a Depositary or its nominee that is a Holder of a Global Note, may give, make or take, by an agent or agents duly appointed in writing, any request, demand, authorization, direction, notice, consent, waiver or other action provided or permitted in or pursuant to this Indenture to be given, made or taken by Holders, and a Depositary or its nominee that is a Holder of a Global Note may duly appoint in writing as its agent or agents members of, or participants in, such Depositary holding interests in such Global Note in the records of such Depositary, with regard to all or any part of the principal amount of such Note. Nothing in this Section shall be construed to prevent the Company or the Trustee sets from fixing a new record date for any action for which a record date for a vote or other action has previously been set pursuant to be taken by Holders of the Securities, that vote or action may be taken only by persons who are holders of Outstanding Securities on this paragraph (whereupon the record date previously set shall automatically and the with no further action voted upon must by any Person be effective within 90 days following the record date. ARTICLE TEN COVENANTScanceled and of no effect).

Appears in 1 contract

Samples: Indenture (Evergreen Solar Inc)

Revocation and Effect of Consents and Waivers. A consent to an amendment, supplement 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. Any However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Security Note or portion of the Security Note if the Trustee receives a written the notice of revocation before the date the amendment, supplement amendment or waiver becomes effective or otherwise in accordance with any related solicitation documentseffective. After an amendment, supplement amendment or waiver becomes effective, it shall bind every Securityholder unless it makes a change described in any of clauses (1) through (8) of Section 9.02, in which case the amendment, supplement, waiver or other action shall bind each Securityholder who has consented to it and every subsequent Securityholder that evidences the same debt as the consenting Holder’s Securities. An amendment, supplement amendment or waiver shall become becomes effective upon receipt the execution of such amendment or waiver by the Trustee of the requisite number of written consents under Section 9.02Trustee. The Company 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 in Section 9.02 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 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. If the Trustee sets a record date No such consent shall be valid or effective for a vote or other action to be taken by Holders of the Securities, that vote or action may be taken only by persons who are holders of Outstanding Securities on the record date and the action voted upon must be effective within 90 more than 180 days following the after such record date. ARTICLE TEN COVENANTSFor 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)

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Revocation and Effect of Consents and Waivers. A consent to an amendment, supplement 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. Any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Security Note or portion of the Security Note if the Trustee receives a written the notice of revocation before the date the amendment, supplement or waiver becomes effective or otherwise in accordance with any related solicitation documents. After an amendment, supplement or waiver becomes effective, it shall bind every Securityholder Holder unless it makes a change described in any of clauses (1a) through (8) i) of Section 9.029.2, in which case the amendment, supplement, waiver or other action shall bind each Securityholder Holder who has consented to it and every subsequent Securityholder Holder that evidences the same debt as the consenting Holder’s SecuritiesNotes. An amendment, supplement or waiver shall become effective upon receipt by the Trustee of the requisite number of written consents under Section 9.029.1 or Section 9.2 as applicable. The Company 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 in Section 9.02 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 110 such Persons continue to be Holders after such record date. If the Trustee sets a record date for a vote No such consent shall become valid or other action to be taken by Holders of the Securities, that vote or action may be taken only by persons who are holders of Outstanding Securities on the record date and the action voted upon must be effective within 90 more than 120 days following the after such record date. ARTICLE TEN COVENANTS.

Appears in 1 contract

Samples: Indenture (Conexant Systems Inc)

Revocation and Effect of Consents and Waivers. A consent to an amendment, supplement 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. Any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Security Note or portion of the Security Note if the Trustee receives a written the notice of revocation before the date the amendment, supplement or waiver becomes effective or otherwise in accordance with any related solicitation documents. After an amendment, supplement or waiver becomes effective, it shall bind every Securityholder Noteholder unless it makes a change described in any of clauses (1) through (8) of Section 9.029.2, in which case the amendment, supplement, waiver or other action shall bind each Securityholder Noteholder who has consented to it and every subsequent Securityholder Noteholder that evidences the same debt as the consenting Holder’s SecuritiesNotes. An amendment, supplement or waiver shall become effective upon receipt by the Trustee of the requisite number of written consents under Section 9.029.1 or 9.2 as applicable. The Company 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 in Section 9.02 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. If the Trustee sets a record date for a vote No such consent shall become valid or other action to be taken by Holders of the Securities, that vote or action may be taken only by persons who are holders of Outstanding Securities on the record date and the action voted upon must be effective within 90 more than 120 days following the after such record date. ARTICLE TEN COVENANTS.

Appears in 1 contract

Samples: Indenture (Earth Products, Inc.)

Revocation and Effect of Consents and Waivers. A consent to an amendment, supplement 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. Any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Security 's Note or portion of the Security Note if the Trustee receives a written the notice of revocation before the date the amendment, supplement or waiver becomes effective or otherwise in accordance with any related solicitation documents. After an amendment, supplement or waiver becomes effective, it shall bind every Securityholder Holder unless it makes a change described in any of clauses (1) through (8) 10) of Section 9.029.2, in which case the amendment, supplement, waiver or other action shall bind each Securityholder Holder who has consented to it and every subsequent Securityholder Holder that evidences the same debt as the consenting Holder’s Securities's Notes. An amendment, supplement or waiver shall become effective upon receipt by the Trustee or the Company of the requisite number of written consents consents, if any, under Section 9.029.1 or 9.2 as applicable. The Company 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 in Section 9.02 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. If the Trustee sets a record date for a vote No such consent shall be valid or other action to be taken by Holders of the Securities, that vote or action may be taken only by persons who are holders of Outstanding Securities on the record date and the action voted upon must be effective within 90 more than 120 days following the after such record date. ARTICLE TEN COVENANTS.

Appears in 1 contract

Samples: Columbus Energy Corp

Revocation and Effect of Consents and Waivers. A consent to an amendment, supplement amendment or a waiver by a Holder of a Senior Subordinated Security shall bind the Holder and every subsequent Holder of that Senior Subordinated Security or portion of the Senior Subordinated Security that evidences the same debt as the consenting Holder’s 's Senior Subordinated Security, even if notation of the consent or waiver is not made on the Senior Subordinated Security. Any However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s 's Senior Subordinated Security or portion of the Senior Subordinated Security if the Trustee receives a written notice of revocation before the date the amendment, supplement amendment or waiver becomes effective or otherwise in accordance with any related solicitation documentseffective. After an amendment, supplement amendment or waiver becomes effective, it shall bind every Securityholder unless it makes a change described Senior Subordinated Securityholder. Except if otherwise specified in any of clauses (1) through (8) of Section 9.02such amendment or waiver, in which case the amendment, supplement, waiver or other action shall bind each Securityholder who has consented to it and every subsequent Securityholder that evidences the same debt as the consenting Holder’s Securities. An amendment, supplement an amendment or waiver shall become becomes effective upon receipt by the Trustee of once the requisite number of written consents under Section 9.02are received by the Issuer or the Trustee. The Company Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Securityholders Holders of Senior Subordinated Securities entitled to give their consent or take any other action described in Section 9.02 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. If the Trustee sets a record date for a vote or other action to be taken by Holders of the Securities, that vote or action may be taken only by persons who are holders of Outstanding Securities on the record date and the action voted upon must be effective within 90 days following the record date. ARTICLE TEN COVENANTS.

Appears in 1 contract

Samples: Indenture (Cadmus Communications Corp/New)

Revocation and Effect of Consents and Waivers. A consent to an amendment, supplement 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. Any However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Security Note or portion of the Security Note if the Trustee receives a written the notice of revocation before a date and time therefor identified by the Issuers in a notice furnished to such Holder in accordance with the terms of this Indenture or, if no such date and time shall be identified, the date the amendment, supplement amendment or waiver becomes effective or otherwise in accordance with any related solicitation documentseffective. After an amendment, supplement amendment or waiver becomes effective, it shall bind every Securityholder unless it makes a change described in any of clauses (1) through (8) of Section 9.02, in which case the amendment, supplement, waiver or other action shall bind each Securityholder who has consented to it and every subsequent Securityholder that evidences the same debt as the consenting Holder’s SecuritiesNoteholder. An amendment, supplement amendment or waiver shall become becomes effective upon receipt the execution of such amendment or waiver by the Trustee of the requisite number of written consents under Section 9.02Trustee. 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 in Section 9.02 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. If No such consent shall be valid or effective for more than 120 days after such record date. After an amendment becomes effective, the Trustee sets Issuers are required to deliver to each Holder of the Notes at the Holder’s address appearing in the Note register a record date for a vote or other action notice briefly describing the amendment. However, the failure to be taken by give this notice to all Holders of the SecuritiesNotes, that vote or action may be taken only by persons who are holders any defect therein, will not impair or affect the validity of Outstanding Securities on the record date and the action voted upon must be effective within 90 days following the record date. ARTICLE TEN COVENANTSamendment.

Appears in 1 contract

Samples: Indenture (Valaris LTD)

Revocation and Effect of Consents and Waivers. A consent to an amendment, supplement 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. Any However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Security Note or portion of the Security Note if the Trustee receives a written the notice of revocation before a date and time therefor identified by the Issuers in a notice furnished to such Holder in accordance with the terms of this Indenture or, if no such date and time shall be identified, the date the amendment, supplement amendment or waiver becomes effective or otherwise in accordance with any related solicitation documentseffective. After an amendment, supplement amendment or waiver becomes effective, it shall bind every Securityholder unless it makes a change described in any of clauses (1) through (8) of Section 9.02, in which case the amendment, supplement, waiver or other action shall bind each Securityholder who has consented to it and every subsequent Securityholder that evidences the same debt as the consenting Holder’s SecuritiesNoteholder. An amendment, supplement amendment or waiver shall become becomes effective upon receipt the execution of such amendment or waiver by the Trustee of the requisite number of written consents under Section 9.02Trustee. 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 in Section 9.02 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. If No such consent shall be valid or effective for more than 120 days after such record date. After an amendment becomes effective, the Trustee sets Issuers are required to deliver to each Holder of the Notes at the Holder’s address appearing in the Note register a record date for a vote or other action notice briefly describing the amendment. However, the failure to be taken by give this notice to all Holders of the SecuritiesNotes, or any defect therein, will not impair or affect the validity of the amendment. In connection with any modification, amendment or supplement, the Issuers will deliver to the trustee an Opinion of Counsel and an Officers’ Certificate upon which the trustee may conclusively rely, each stating that vote such modification, amendment or action may be taken only by persons who are holders supplement complies with the applicable provisions of Outstanding Securities on the record date and the action voted upon must be effective within 90 days following the record date. ARTICLE TEN COVENANTSIndenture.

Appears in 1 contract

Samples: Junior Lien Intercreditor Agreement (Diamond Offshore Drilling, Inc.)

Revocation and Effect of Consents and Waivers. A consent to Until an amendment, supplement or waiver becomes effective, a waiver consent to it by a Holder of a Security shall bind Note is a continuing consent by the Holder of a Note and every subsequent Holder of that Security a Note or portion of the Security a 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 Securityany Note. Any However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent or waiver as to such Holder’s Security Note or portion of the Security its Note if the Trustee receives a written notice of revocation before the date the amendment, supplement or waiver becomes effective or otherwise in accordance with any related solicitation documents. After an amendment, supplement or waiver becomes effective, it shall bind every Securityholder unless it makes a change described in any of clauses (1) through (8) of Section 9.02, in which case the amendment, supplement, waiver or other action shall bind each Securityholder who has consented to it and every subsequent Securityholder that evidences the same debt as the consenting Holder’s Securities. An amendment, supplement or waiver shall become becomes effective upon receipt by the Trustee of the requisite number of written consents under Section 9.02in accordance with its terms and thereafter binds every Holder. The Company 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 in Section 9.02 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. If the Trustee sets a record date No such consent shall be valid or effective for a vote or other action to be taken by Holders of the Securities, that vote or action may be taken only by persons who are holders of Outstanding Securities on the record date and the action voted upon must be effective within 90 more than 120 days following the after such record date. ARTICLE TEN COVENANTSNotation on or Exchange of Notes. The Trustee may place an appropriate notation about an amendment, supplement or waiver on any Note thereafter authenticated. The Company in exchange for all Notes may issue and the Trustee shall, upon receipt of an Issuer Order, authenticate new Notes that reflect the amendment, supplement or waiver. Failure to make the appropriate notation or issue a new Note will not affect the validity and effect of such amendment, supplement or waiver.

Appears in 1 contract

Samples: CHURCHILL DOWNS Inc

Revocation and Effect of Consents and Waivers. A consent to an amendment, supplement 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. Any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Security 's Note or portion of the Security Note if the Trustee receives a written the notice of revocation before the date the amendment, supplement or waiver becomes effective or otherwise in accordance with any related solicitation documents. After an amendment, supplement or waiver becomes effective, it shall bind every Securityholder Holder unless it makes a change described in any of clauses (1) through (8) of Section 9.029.2, in which case the amendment, supplement, waiver or other action shall bind each Securityholder Holder who has consented to it and every subsequent Securityholder Holder that evidences the same debt as the consenting Holder’s Securities's Notes. An amendment, supplement or waiver shall become effective upon receipt by the Trustee of the requisite number of written consents under Section 9.029.1 or 9.2 as applicable. The Company 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 in Section 9.02 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. If the Trustee sets a record date for a vote No such consent shall become valid or other action to be taken by Holders of the Securities, that vote or action may be taken only by persons who are holders of Outstanding Securities on the record date and the action voted upon must be effective within 90 more than 120 days following the after such record date. ARTICLE TEN COVENANTS.

Appears in 1 contract

Samples: Tango of Arundel, Inc.

Revocation and Effect of Consents and Waivers. A consent to an amendment, supplement 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. Any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Security Note or portion of the Security Note if the Trustee receives a written the notice of revocation before the date the amendment, supplement or waiver becomes effective or otherwise in accordance with any related solicitation documents. After an amendment, supplement or waiver becomes effective, it shall bind every Securityholder Noteholder unless it makes a change described in any of clauses (1) through (8) of Section 9.029.2, and in which that case the amendment, supplement, waiver or other action shall bind each Securityholder Noteholder who has consented to it and every subsequent Securityholder Noteholder that evidences the same debt as the consenting Holder’s SecuritiesNotes. An amendment, supplement or waiver under Section 9.2 shall become effective upon receipt by the Trustee of the requisite number amount of consents, and in relation to any Notes evidenced by Global Notes, such consents need not be in written consents under Section 9.02form and may be evidenced by any electronic transmissions that comport with the applicable procedures of DTC. The Company 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 in Section 9.02 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. If the Trustee sets a record date for a vote No such consent shall become valid or other action to be taken by Holders of the Securities, that vote or action may be taken only by persons who are holders of Outstanding Securities on the record date and the action voted upon must be effective within 90 more than 120 days following the after such record date. ARTICLE TEN COVENANTS.

Appears in 1 contract

Samples: Indenture (Basic Energy Services Inc)

Revocation and Effect of Consents and Waivers. A consent to an amendment, supplement 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. Any However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Security or portion of the Security if the Trustee receives a written the notice of revocation before the date the amendment, supplement or waiver becomes effective or otherwise in accordance with any related solicitation documentseffective. After an amendment, supplement or waiver becomes effective, it shall bind every Securityholder Holder unless it makes a change described in any of clauses (1i) through (8) x) of Section 9.029.2, in which case the amendment, supplement, supplement or waiver or other action shall bind each Securityholder Holder who has consented to it and every subsequent Securityholder 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 Trustee of the requisite number of written consents under Section 9.02consents. The Company 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 in Section 9.02 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 76 such Persons continue to be Holders after such record date. If the Trustee sets a record date for a vote No such consent shall become valid or other action to be taken by Holders of the Securities, that vote or action may be taken only by persons who are holders of Outstanding Securities on the record date and the action voted upon must be effective within 90 more than 120 days following the after such record date. ARTICLE TEN COVENANTS.

Appears in 1 contract

Samples: Indenture (Brunswick Corp)

Revocation and Effect of Consents and Waivers. A consent to an amendment, supplement 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. Any However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Security or portion of the Security if the Trustee receives a written the notice of revocation before the date the amendment, supplement or waiver becomes effective or otherwise in accordance with any related solicitation documentseffective. After an amendment, supplement or waiver becomes effective, it shall bind every Securityholder Holder unless it makes a change described in any of clauses (1i) through (8) x) of Section 9.029.2, in which case the amendment, supplement, supplement or waiver or other action shall bind each Securityholder Holder who has consented to it and every subsequent Securityholder 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 Trustee of the requisite number of written consents under Section 9.02consents. The Company 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 in Section 9.02 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 76 such Persons continue to be Holders after such record date. If the Trustee sets a record date for a vote No such consent shall become valid or other action to be taken by Holders of the Securities, that vote or action may be taken only by persons who are holders of Outstanding Securities on the record date and the action voted upon must be effective within 90 more than 120 days following the after such record date. ARTICLE TEN COVENANTSSECTION 9.4.

Appears in 1 contract

Samples: www.sec.gov

Revocation and Effect of Consents and Waivers. A consent to an amendment, supplement 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. Any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Security or portion of the Security if the Trustee receives a written notice of revocation before the date the amendment, supplement An amendment or waiver becomes effective once the requisite number of consents are received by the Issuers or otherwise in accordance with any related solicitation documentsthe Trustee. After an amendment, supplement amendment or waiver becomes effective, it shall bind every Securityholder unless it makes a change described in any of clauses (1) through (8) of Section 9.02, in which case the amendment, supplement, waiver or other action shall bind each Securityholder who has consented to it and every subsequent Securityholder that evidences the same debt as the consenting Holder’s Securities. An amendment, supplement or waiver shall become effective upon receipt by the Trustee of the requisite number of written consents under Section 9.02. The Company Issuers 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 in Section 9.02 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. If the Trustee sets a record date No such consent shall be valid or effective for a vote or other action to be taken by Holders of the Securities, that vote or action may be taken only by persons who are holders of Outstanding Securities on the record date and the action voted upon must be effective within 90 more than 120 days following the after such record date. ARTICLE TEN COVENANTSAfter 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: MSX International Inc

Revocation and Effect of Consents and Waivers. A consent to an amendment, supplement 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. Any However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Security or portion of the Security if the Trustee receives a written the notice of revocation before the date the amendment, supplement or waiver becomes effective or otherwise in accordance with any related solicitation documentseffective. After an amendment, supplement or waiver becomes effective, it shall bind every Securityholder Holder unless it makes a change described in any of clauses Exhibit 4.1 (1i) through (8) x) of Section 9.029.2, in which case the amendment, supplement, supplement or waiver or other action shall bind each Securityholder Holder who has consented to it and every subsequent Securityholder 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 Trustee of the requisite number of written consents under Section 9.02consents. The Company 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 in Section 9.02 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. If the Trustee sets a record date for a vote No such consent shall become valid or other action to be taken by Holders of the Securities, that vote or action may be taken only by persons who are holders of Outstanding Securities on the record date and the action voted upon must be effective within 90 more than 120 days following the after such record date. ARTICLE TEN COVENANTS.

Appears in 1 contract

Samples: Pico Holdings Inc /New

Revocation and Effect of Consents and Waivers. A consent to an amendment, supplement 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 's Security, even if notation of the consent or waiver is not made on the Security. Any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s 's Security or portion of the Security if the Trustee receives a written the notice of revocation before the date the amendment, supplement or waiver becomes effective or otherwise in accordance with any related solicitation documents. After an amendment, supplement or waiver becomes effective, it shall bind every Securityholder unless it makes a change described in any of clauses (1) through (8) 9) of Section 9.029.2, and in which that case the amendment, supplement, waiver or other action shall bind each Securityholder who has consented to it and every subsequent Securityholder that evidences the same debt as the consenting Holder’s 's Securities. An amendment, supplement or waiver under Section 9.2 shall become effective upon receipt by the Trustee of the requisite number of consents, and in relation to any Securities evidenced by Global Securities, such consents need not be in written consents under Section 9.02form and may be evidenced by any electronic transmissions that comport with the applicable procedures of DTC. The Company Issuer 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 in Section 9.02 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. If the Trustee sets a record date for a vote No such consent shall become valid or other action to be taken by Holders of the Securities, that vote or action may be taken only by persons who are holders of Outstanding Securities on the record date and the action voted upon must be effective within 90 more than 120 days following the after such record date. ARTICLE TEN COVENANTS.

Appears in 1 contract

Samples: Indenture (Antero Resources Finance Corp)

Revocation and Effect of Consents and Waivers. A consent to an amendment, supplement 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. Any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Security or portion of the Security if the Trustee receives a written the notice of revocation before the date the amendment, supplement or waiver becomes effective or otherwise in accordance with any related solicitation documents. After an amendment, supplement or waiver becomes effective, it shall bind every Securityholder Holder unless it makes a change described in any of clauses (1) through (8) 9) of Section 9.029.2, in which case the amendment, supplement, waiver or other action shall bind each Securityholder Holder who has consented to it and every subsequent Securityholder Holder that evidences the same debt as the consenting Holder’s Securities. An amendment, supplement or waiver shall become effective upon receipt by the Trustee of the requisite number of written consents under Section 9.029.1 or 9.2 as applicable. The Company 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 in Section 9.02 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 100 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. If the Trustee sets a record date for a vote No such consent shall become valid or other action to be taken by Holders of the Securities, that vote or action may be taken only by persons who are holders of Outstanding Securities on the record date and the action voted upon must be effective within 90 more than 120 days following the after such record date. ARTICLE TEN COVENANTS.

Appears in 1 contract

Samples: Indenture (Libbey Inc)

Revocation and Effect of Consents and Waivers. A consent to an amendment, supplement 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. Any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Security or portion of the Security if the Trustee receives a written notice of revocation before the date the amendment, supplement or waiver becomes effective or otherwise in accordance with any related solicitation documents. After an amendment, supplement or waiver becomes effective, it shall bind every Securityholder unless it makes a change described in any of clauses (1) through (8) 6) of Section 9.02, in which case the amendment, supplement, waiver or other action shall bind each Securityholder who has consented to it and every subsequent Securityholder that evidences the same debt as the consenting Holder’s Securities. An amendment, supplement or waiver shall become effective upon receipt by the Trustee of the requisite number of written consents under Section 9.02. 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 in Section 9.02 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. If the Trustee sets a record date for a vote or other action to be taken by Holders of the Securities, that vote or action may be taken only by persons who are holders of Outstanding Securities on the record date and the action voted upon must be effective within 90 days following the record date. ARTICLE TEN COVENANTS

Appears in 1 contract

Samples: Owens & Minor Distribution, Inc.

Revocation and Effect of Consents and Waivers. A --------------------------------------------- consent to an amendment, amendment or supplement to or a waiver of this Indenture by a Holder of a Security Note shall bind the such 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. Any However, any such Holder or subsequent Holder may revoke the any consent or waiver as to such Holder’s Security 's Note or portion of the Security Note if the Trustee receives a written the notice of revocation before the date the applicable amendment, supplement or waiver becomes effective or otherwise in accordance with any related solicitation documentseffective. After an amendment, supplement or waiver becomes effective, it shall bind every Securityholder unless it makes a change described in any of clauses (1) through (8) of Section 9.02, in which case the amendment, supplement, waiver or other action shall bind each Securityholder who has consented to it and every subsequent Securityholder that evidences the same debt as the consenting Holder’s SecuritiesNoteholder. An amendment, supplement or waiver shall become becomes effective upon receipt the execution of such amendment, supplement or waiver by the Trustee of Company and the requisite number of written consents under Section 9.02Trustee. The Company 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 in Section 9.02 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. If the Trustee sets a record date No such consent shall be valid or effective for a vote or other action to be taken by Holders of the Securities, that vote or action may be taken only by persons who are holders of Outstanding Securities on the record date and the action voted upon must be effective within 90 more than 120 days following the after such record date. ARTICLE TEN COVENANTSAfter an amendment, supplement or waiver becomes effective, it shall bind every Holder of Notes, unless it makes a change described in the second sentence of the first paragraph of Section 9.02 or the second paragraph of Section 9.02, in which case the amendment, supplement or waiver shall bind only those Noteholders which consented to it and every subsequent Holder of a Note or portion thereof which evidences the same debt as a consenting Holder's Note.

Appears in 1 contract

Samples: Iron Age Corp

Revocation and Effect of Consents and Waivers. A consent to an amendment, supplement amendment or a waiver by a Holder of a Security shall be a continuing consent and 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 Security0000-0000-0000 SAME DEBT AS THE CONSENTING HOLDER’S SECURITY, even if notation of the consent or waiver is not made on the SecurityEVEN IF NOTATION OF THE CONSENT OR WAIVER IS NOT MADE ON THE SECURITY. Any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Security or portion of the Security if the Trustee receives a written notice of revocation HOWEVER, ANY SUCH HOLDER OR SUBSEQUENT HOLDER MAY REVOKE THE CONSENT OR WAIVER AS TO SUCH HOLDER’S SECURITY OR PORTION OF THE SECURITY IF THE TRUSTEE RECEIVES THE NOTICE OF REVOCATION in writing before the date the amendment, supplement amendment or waiver becomes effective or otherwise in accordance with any related solicitation documentseffective. After an amendment, supplement amendment or waiver becomes effective, it shall bind every Securityholder unless it makes a change described in any of clauses (1) through (8) of Section 9.02, in which case the amendment, supplement, waiver or other action shall bind each Securityholder who has consented to it and every subsequent Securityholder that evidences the same debt as the consenting Holder’s SecuritiesSecurityholder. An amendment, supplement amendment or waiver shall become becomes effective upon receipt the execution of such amendment or waiver by the Trustee of the requisite number of written consents under Section 9.02Trustee. 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 in Section 9.02 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. If the Trustee sets a No such consent shall be valid or effective for more than 120 days after such record date for a vote or other action to be taken by unless consent from the Holders of the Securities, that vote principal amount of Securities required hereunder for such amendment or action may be taken only by persons who are holders of Outstanding Securities on the record date and the action voted upon must waiver to be effective also shall have been given and not revoked within 90 days following such 120-day period. After an amendment or waiver becomes effective, it will bind every Holder, unless it makes a change described in any of clauses (1) through (12) of Section 9.02, in which case, the record date. ARTICLE TEN COVENANTSamendment or waiver will bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same Indebtedness as the consenting Holder's Security.

Appears in 1 contract

Samples: Indenture (CBL & Associates Limited Partnership)

Revocation and Effect of Consents and Waivers. A consent to an amendment, supplement 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. Any However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Security Note or portion of the Security Note if the Trustee receives a written the notice of revocation before a date and time therefor identified by the Issuers in a notice furnished to such Holder in accordance with the terms of this Indenture or, if no such date and time shall be identified, the date the amendment, supplement amendment or waiver becomes effective or otherwise in accordance with any related solicitation documentseffective. After an amendment, supplement amendment or waiver becomes effective, it shall bind every Securityholder unless it makes a change described in any of clauses (1) through (8) of Section 9.02, in which case the amendment, supplement, waiver or other action shall bind each Securityholder who has consented to it and every subsequent Securityholder that evidences the same debt as the consenting Holder’s SecuritiesNoteholder. An amendment, supplement amendment or waiver shall become becomes effective upon receipt the execution of such amendment or waiver by the Trustee of the requisite number of written consents under Section 9.02relevant parties. 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 in Section 9.02 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. If 126 After an amendment becomes effective, the Company is required to deliver to each Holder of Notes at the Holder’s address appearing in the Note register a notice briefly describing the amendment. However, the failure to give this notice to all Holders, or any defect therein, will not impair or affect the validity of the amendment. In connection with any modification, amendment or supplement, the Company will deliver to the Trustee sets a record date for a vote or other action to be taken by Holders of the Securities, that vote or action may be taken only by persons who are holders of Outstanding Securities on the record date and the action voted Security Agent an Opinion of Counsel and an Officer’s Certificate upon must be effective within 90 days following which the record dateTrustee and the Security Agent may conclusively rely, each stating that such modification, amendment or supplement complies with the applicable provisions of this Indenture. ARTICLE TEN COVENANTSSection 9.05.

Appears in 1 contract

Samples: Borr Drilling LTD

Revocation and Effect of Consents and Waivers. A consent to an amendment, supplement 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. Any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Security or portion of the Security if the Trustee receives a written the notice of revocation before the date the amendment, supplement or waiver becomes effective or otherwise in accordance with any related solicitation documents. After an amendment, supplement or waiver becomes effective, it shall bind every Securityholder Holder unless it makes a change described in any of clauses (1) through (8) 9) of Section 9.029.2, and in which that case the amendment, supplement, waiver or other action shall bind each Securityholder Holder who has consented to it and every subsequent Securityholder Holder that evidences the same debt as the consenting HolderXxxxxx’s Securities. An amendment, supplement or waiver under Section 9.2 shall become effective upon receipt by the Trustee of the requisite number amount of consents, and in relation to any Securities evidenced by Global Securities, such consents need not be in written consents under Section 9.02form and may be evidenced by any electronic transmissions that comport with the applicable procedures of DTC. The Company 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 in Section 9.02 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. If the Trustee sets a record date for a vote No such consent shall become valid or other action to be taken by Holders of the Securities, that vote or action may be taken only by persons who are holders of Outstanding Securities on the record date and the action voted upon must be effective within 90 more than 120 days following the after such record date. ARTICLE TEN COVENANTS.

Appears in 1 contract

Samples: Indenture (CNX Resources Corp)

Revocation and Effect of Consents and Waivers. A consent to an amendment, supplement 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. Any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder’s Security or portion of the Security if the Trustee receives a written notice of revocation before the date the amendment, supplement or waiver becomes effective or otherwise in accordance with any related solicitation documents. After an amendment, supplement or waiver becomes effective, it shall bind every Securityholder unless it makes a change described in any of clauses (1) through (8) of Section 9.02, in which case the amendment, supplement, waiver or other action shall bind each Securityholder who has consented to it and every subsequent Securityholder that evidences the same debt as the consenting Holder’s Securities. An amendment, supplement or waiver shall become effective upon receipt by the Trustee of the requisite number of written consents under Section 9.02. 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 in Section 9.02 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. If the Trustee sets a record date for a vote or other action to be taken by Holders of the Securities, that vote or action may be taken only by persons who are holders of Outstanding Securities on the record date and the action voted upon must be effective within 90 days following the record date. ARTICLE TEN COVENANTSTEN

Appears in 1 contract

Samples: O&M Halyard, Inc.

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