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

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 or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder's Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder's Note or portion of the Note if the Trustee receives the notice of revocation prior to the time that the Company receives the requisite number of consents to such pro- posed amendment or waiver. After an amendment or waiver becomes effective, it shall bind every Noteholder. A consent to any amendment or waiver hereunder by any Holder given in connection with a tender of such Holder's Notes shall not be rendered invalid by such tender. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Noteholders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Noteholders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.

Revocation and Effect of Consents and Waivers. Any --------------------------------------------- amendment to this Indenture or the Notes shall become effective in accordance with its terms when executed and delivered by the Company and the Trustee provided that the Company has received the requisite consents prior -------- thereto. The Company shall not be obligated to execute any such amendment regardless of whether such consents have been received. Any waiver shall become effective when the requisite consents have been received or such later time as the Company may elect by notice to the Trustee. A consent to an amendment or a waiver by a Holder of a Note Security shall be a continuing consent and shall bind the Holder and every subsequent Holder of that Note Security or portion of the Note Security that evidences the same debt as 0000-0000-0000 SAME DEBT AS THE CONSENTING HOLDER’S SECURITY, EVEN IF NOTATION OF THE CONSENT OR WAIVER IS NOT MADE ON THE SECURITY. 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 consenting Holder's Note, even if notation of date the consent amendment or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder's Note or portion of the Note if the Trustee receives the notice of revocation prior to the time that the Company receives the requisite number of consents to such pro- posed amendment or waiverbecomes effective. After an amendment or waiver becomes effective, it shall bind every NoteholderSecurityholder. A consent to any An amendment or waiver hereunder by any Holder given in connection with a tender becomes effective upon the execution of such Holder's Notes shall not be rendered invalid amendment or waiver by such tenderthe Trustee. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Noteholders Securityholders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Noteholders Securityholders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record datedate unless consent from the Holders of the principal amount of Securities required hereunder for such amendment or waiver to be effective also shall have been given and not revoked within 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 amendment 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.

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 or a waiver by a Holder Senior Discount Noteholder of a Senior Discount Note shall bind the Holder Senior Discount Noteholder and every subsequent Holder Senior Discount Noteholder of that Senior Discount Note or portion of the Senior Discount Note that evidences the same debt as the consenting HolderSenior Discount Noteholder's Senior Discount Note, even if notation of the consent or waiver is not made on the Senior Discount Note. However, any such Holder Senior Discount Noteholder or subsequent Holder Senior Discount Noteholder may revoke the consent or waiver as to such HolderSenior Discount Noteholder's Senior Discount Note or portion of the Senior Discount Note if the Senior Discount Notes Trustee receives the notice of revocation prior to before the time that date the Company receives the requisite number of consents to such pro- posed amendment or waiverwaiver becomes effective. After an amendment or waiver becomes effective, it shall bind every Senior Discount Noteholder. A consent to any An amendment or waiver hereunder becomes effective once both (i) the requisite number of consents have been received by any Holder given in connection with a tender of Holdings or the Senior Discount Notes Trustee and (ii) such Holder's amendment or waiver has been executed by Holdings and the Senior Discount Notes shall not be rendered invalid by such tenderTrustee. The Company Holdings may, but shall not be obligated to, fix a record date for the purpose of determining the Senior Discount Noteholders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were 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. No such consent shall be valid or effective for more than 120 days after such record date.

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 amendment, supplement or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder's ’s Note, even if notation of the consent or waiver is not made on the Note. However, any Any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder's ’s Note or portion of the Note if the Trustee receives the notice of revocation prior to before the time that date the Company receives the requisite number of consents to such pro- posed amendment amendment, supplement or waiverwaiver becomes effective or otherwise in accordance with any related solicitation documents. After an amendment amendment, supplement or waiver becomes effective, it shall bind every NoteholderNoteholder unless it makes a change described in any of clauses (1) through (8) of Section 9.2, in which case the amendment, supplement, waiver or other action shall bind each Noteholder who has consented to it and every subsequent Noteholder that evidences the same debt as the consenting Holder’s Notes. A consent to any amendment An amendment, supplement or waiver hereunder shall become effective upon receipt by any Holder given in connection with a tender the Trustee of such Holder's Notes shall not be rendered invalid by such tenderthe requisite number of written consents under Section 9.1 or 9.2 as applicable. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Noteholders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Noteholders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be become valid or effective for more than 120 days after such record date.

Revocation and Effect of Consents and Waivers. Any --------------------------------------------- amendment to this any Indenture or Documents, including the Notes Notes, shall become effective in accordance with its terms when executed and delivered by the Company and the Trustee provided that the Company has received the requisite consents prior -------- thereto. The Company shall not be obligated to execute any such amendment regardless of whether such consents have been received. Any waiver shall become effective when the requisite consents have been received or such later time as the Company may elect by notice to the Trustee. A consent to an amendment or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder's Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder's Note or portion of the Note if the Trustee receives the notice of revocation prior to the time that the Company receives the requisite number of consents to such pro- posed proposed amendment or waiver. After an amendment or waiver becomes effective, it shall bind every Noteholder. A consent to any amendment or waiver hereunder by any Holder given in connection with a tender of such Holder's Notes shall not be rendered invalid by such tender. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Noteholders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Noteholders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.

Revocation and Effect of Consents and Waivers. 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 amendment, supplement or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder's ’s Note, even if notation of the consent or waiver is not made on the Note. However, any Any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder's ’s Note or portion of the Note if the Trustee receives the notice of revocation prior to before the time that date the Company receives the requisite number of consents to such pro- posed amendment amendment, supplement or waiverwaiver becomes effective or otherwise in accordance with any related solicitation documents. After an amendment amendment, supplement or waiver becomes effective, it shall bind every NoteholderNoteholder unless it makes a change described in any of clauses (1) through (8) of Section 9.2, and in that case the amendment, supplement, waiver or other action shall bind each Noteholder who has consented to it and every subsequent Noteholder that evidences the same debt as the consenting Holder’s Notes. A consent 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 amendment or waiver hereunder Notes evidenced by Global Notes, such consents need not be in written form and may be evidenced by any Holder given in connection electronic transmissions that comport with a tender the applicable procedures of such Holder's Notes shall not be rendered invalid by such tenderDTC. 109 The Company Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Noteholders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Noteholders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be become valid or effective for more than 120 days after such record date.

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) A consent to an amendment or a waiver by a Holder holder of a Note shall bind the Holder holder and every subsequent Holder holder of that Note or portion of the Note that evidences the same debt as the consenting Holder's holder’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder holder or subsequent Holder holder may revoke the consent or waiver as to such Holder's holder’s Note or portion of the Note if the Trustee receives the notice of revocation prior to before the time date on which the Trustee receives an Officer’s Certificate from the Issuer certifying that the Company receives the requisite number principal amount of consents to such pro- posed amendment or waiverNotes have consented. After an amendment or waiver becomes effective, it shall bind every Noteholderholder. A consent to any An amendment or waiver hereunder becomes effective upon the (i) receipt by the Issuer or the Trustee of consents by the holders of the requisite principal amount of securities, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any Holder given in connection with a tender indenture supplemental hereto containing such amendment or waiver and (iii) execution of such Holder's Notes shall not be rendered invalid amendment or waiver (or supplemental indenture) by such tenderthe Issuer, the Subsidiary Guarantors and the Trustee. (b) The Company Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Noteholders holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Noteholders holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.. SECTION 9.04

Revocation and Effect of Consents and Waivers. Any --------------------------------------------- amendment to this Indenture Until an amendment, supplement 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 becomes effective, a consent to an amendment or a waiver it by a Holder of a Note shall bind is a continuing consent by the Holder of a Note and every subsequent Holder of that a Note or portion of the a Note that evidences the same debt as the consenting Holder's ’s Note, even if notation of the consent or waiver is not made on the any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent or waiver as to such Holder's ’s Note or portion of the its Note if the Trustee receives the written notice of revocation prior to before the time that date the Company receives the requisite number of consents to such pro- posed amendment or waiver. After an amendment amendment, supplement or waiver becomes effective. An amendment, it shall bind every Noteholder. A consent to any amendment supplement or waiver hereunder by any Holder given becomes effective in connection accordance with a tender of such its terms and thereafter binds every Holder's Notes shall not be rendered invalid by such tender. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Noteholders Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Noteholders Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date. Notation 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.

Revocation and Effect of Consents and Waivers. Any A --------------------------------------------- amendment to this Indenture or the Notes shall become effective in accordance with its terms when executed and delivered by the Company and the Trustee provided that the Company has received the requisite consents prior -------- thereto. The Company shall not be obligated to execute any such amendment regardless of whether such consents have been received. Any waiver shall become effective when the requisite consents have been received or such later time as the Company may elect by notice to the Trustee. A consent to an amendment or a supplement to or waiver of this Indenture by a Holder of a Discount Note shall bind the such Holder and every subsequent Holder of that Discount Note or portion of the Discount Note that evidences the same debt as the consenting Holder's Discount Note, even if notation of the consent or waiver is not made on the Discount Note. However, any such Holder or subsequent Holder may revoke the any consent or waiver as to such Holder's Discount Note or portion of the Discount Note if the Trustee receives the notice of revocation prior to before the time that date the Company receives the requisite number of consents to such pro- posed amendment applicable amendment, supplement or waiverwaiver becomes effective. After an amendment amendment, supplement or waiver becomes effective, it shall bind every Noteholder. A consent to any amendment An amendment, supplement or waiver hereunder by any Holder given in connection with a tender becomes effective upon the execution of such Holder's Notes shall not be rendered invalid amendment, supplement or waiver by such tenderHoldings and the Trustee. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Noteholders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Noteholders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date. After 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.

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 amendment, supplement or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder's ’s Note, even if notation of the consent or waiver is not made on the Note. However, any Any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder's ’s Note or portion of the Note if the Trustee receives the notice of revocation prior to before the time that date the Company receives the requisite number of consents to such pro- posed amendment amendment, supplement or waiverwaiver becomes effective or otherwise in accordance with any related solicitation documents. After an amendment amendment, supplement or waiver becomes effective, it shall bind every NoteholderNoteholder unless it makes a change described in any of clauses (1) through (8) of Section 9.2, and in that case the amendment, supplement, waiver or other action shall bind each Noteholder who has consented to it and every subsequent Noteholder that evidences the same debt as the consenting Holder’s Notes. A consent An amendment, supplement or waiver under Section 9.2 shall become effective upon receipt by the Trustee of the requisite amount of consents, and in relation to any amendment or waiver hereunder Notes evidenced by Global Notes, such consents need not be in written form and may be evidenced by any Holder given in connection electronic transmissions that comport with a tender the applicable procedures of such Holder's Notes shall not be rendered invalid by such tenderDTC. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Noteholders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Noteholders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be become valid or effective for more than 120 days after such record date.

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 amendment, supplement or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder's ’s Note, even if notation of the consent or waiver is not made on the Note. However, any Any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder's ’s Note or portion of the Note if the Trustee receives the notice of revocation prior to before the time that date the Company receives the requisite number of consents to such pro- posed amendment amendment, supplement or waiverwaiver becomes effective or otherwise in accordance with any related solicitation documents. After an amendment amendment, supplement or waiver becomes effective, it shall bind every NoteholderNoteholder unless it makes a change described in any of clauses (1) through (8) of Section 9.2, and in that case the amendment, supplement, waiver or other action shall bind each Noteholder who has consented to it and every subsequent Noteholder that evidences the same debt as the consenting Holder’s Notes. A consent 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 amendment or waiver hereunder Notes evidenced by Global Notes, such consents need not be in written form and may be evidenced by any Holder given in connection electronic transmissions that comport with a tender the applicable procedures of such Holder's Notes shall not be rendered invalid by such tenderDTC. The Company Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Noteholders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Noteholders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be become valid or effective for more than 120 days after such record date.. 108

Revocation and Effect of Consents and Waivers. Any --------------------------------------------- amendment to this Indenture Until an amendment, supplement 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 becomes effective, a consent to an amendment such amendment, supplement or a waiver by a Holder of a Note shall bind is a continuing and binding consent by the Holder of a Note and every subsequent Holder of that a Note or portion of the a Note that evidences the same debt as the consenting Holder's Note, even if a notation of the consent or waiver is not made on the any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent or waiver as to such Holder's Note or portion of the its Note if the Trustee receives the written notice of revocation prior to before the time that date the Company receives the requisite number of consents to such pro- posed waiver, supplement or amendment or waiverbecomes effective. After an amendment An amendment, supplement or waiver becomes effective, it shall become effective in accordance with its terms and thereafter shall bind every NoteholderHolder of a Note. A consent to any amendment or waiver hereunder by any Holder given in connection with a tender of such Holder's Notes shall not be rendered invalid by such tender. The Company CVS may, but shall not be obligated to, fix a record date for the purpose of determining the Noteholders Holders of Notes entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those such Persons who which were Noteholders Holders of Notes at such record date (or their duly designated proxies), and only those such Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders of Notes after such record date. No such consent shall be valid or effective for more than 120 days after such record date.

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 or a waiver by a Holder Senior Subordinated Noteholder of a Senior Subordinated Note shall bind the Holder Senior Subordinated Noteholder and every subsequent Holder Senior Subordinated Noteholder of that Senior Subordinated Note or portion of the Senior Subordinated Note that evidences the same debt as the consenting HolderSenior Subordinated Noteholder's Senior Subordinated Note, even if notation of the consent or waiver is not made on the Senior Subordinated Note. However, any such Holder Senior Subordinated Noteholder or subsequent Holder Senior Subordinated Noteholder may revoke the consent or waiver as to such HolderSenior Subordinated Noteholder's Senior Subordinated Note or portion of the Senior Subordinated Note if the Senior Subordinated Notes Trustee receives the notice of revocation prior to before the time that date the Company receives the requisite number of consents to such pro- posed amendment or waiverwaiver becomes effective. After an amendment or waiver becomes effective, it shall bind every Senior Subordinated Noteholder. A consent to any An amendment or waiver hereunder becomes effective once both (i) the requisite number of consents have been received by any Holder given in connection with a tender of the Company or the Senior Subordinated Notes Trustee and (ii) such Holder's amendment or waiver has been executed by the Company and the Senior Subordinated Notes shall not be rendered invalid by such tenderTrustee. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Senior Subordinated Noteholders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were 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. No such consent shall be valid or effective for more than 120 days after such record date.

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 amendment, supplement or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the | consenting Holder's ’s Note, even if notation of the consent or waiver is not made on the Note. However, any Any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder's ’s Note or portion of the Note if the Trustee receives the notice of revocation prior to before the time that date the Company receives the requisite number of consents to such pro- posed amendment amendment, supplement or waiverwaiver becomes effective or as otherwise provided in any related solicitation documents. After an amendment amendment, supplement or waiver becomes effective, it shall bind every NoteholderHolder unless it makes a change described in any of clauses (1) through (10) of Section 9.2, and in that case the amendment, supplement, waiver or other action shall bind each Holder who has consented to it and every subsequent Holder that evidences the same debt as the consenting Holder’s Notes. A Any consent to any amendment an amendment, supplement or waiver hereunder under Section 9.2 shall become effective upon receipt by the Trustee of the requisite amount of consents, and in relation to any Notes evidenced by Global Notes, such consents need not be in written form and may be evidenced by any Holder given in connection electronic transmissions that comport with a tender the applicable procedures of such Holder's Notes shall not be rendered invalid by such tenderDTC. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Noteholders Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Noteholders Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be become valid or effective for more than 120 days after such record date.

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 or a waiver by a Holder of a Note Security shall be a continuing consent and shall bind the Holder and every subsequent Holder of that Note Security or portion of the Note Security that evidences the same debt as the consenting Holder's Note’s Security, even if notation of the consent or waiver is not made on the NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder's Note ’s Security or portion of the Note Security if the Trustee receives the notice of revocation prior to in writing before the time that date the Company receives the requisite number of consents to such pro- posed amendment or waiverwaiver becomes effective. After an amendment or waiver becomes effective, it shall bind every NoteholderSecurityholder. A consent to any An amendment or waiver hereunder by any Holder given in connection with a tender becomes effective upon the execution of such Holder's Notes shall not be rendered invalid amendment or waiver by such tenderthe Trustee. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Noteholders Securityholders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Noteholders Securityholders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record datedate unless consent from the Holders of the principal amount of Securities required hereunder for such amendment or waiver to be effective also shall have been given and not revoked within 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 amendment 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.

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 amendment, supplement or a waiver by a Holder of a Note Security shall bind the Holder and every subsequent Holder of that Note Security or portion of the Note Security that evidences the same debt as the consenting Holder's Note’s Security, even if notation of the consent or waiver is not made on the NoteSecurity. However, any Any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder's Note ’s Security or portion of the Note Security if the Trustee receives the a written notice of revocation prior to before the time that date the Company receives the requisite number of consents to such pro- posed amendment amendment, supplement or waiverwaiver becomes effective or otherwise in accordance with any related solicitation documents. After an amendment amendment, supplement or waiver becomes effective, it shall bind every NoteholderSecurityholder 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. A consent to any amendment An amendment, supplement or waiver hereunder shall become effective upon receipt by any Holder given in connection with a tender the Trustee of such Holder's Notes shall not be rendered invalid by such tenderthe 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 Noteholders 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 Noteholders Securityholders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall If the Trustee sets a record date for a vote or other action to be valid 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 for more than 120 within 90 days after such following the record date.. ARTICLE TEN COVENANTS

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 or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder's ’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder's ’s Note or portion of the Note if the Trustee receives the notice of revocation prior to before a date and time therefor identified by the time that the Company receives the requisite number of consents Issuer in a notice furnished to such pro- posed Holder in accordance with the terms of this Indenture or, if no such date and time shall be identified, the date the amendment or waiverwaiver becomes effective. After an amendment or waiver becomes effective, it shall bind every Noteholder. A consent to any An amendment or waiver hereunder by any Holder given in connection with a tender becomes effective upon the execution of such Holder's Notes shall not be rendered invalid amendment or waiver by such tenderthe Trustee. The Company Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Noteholders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Noteholders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date. After an amendment becomes effective, the Company is required to deliver to each Holder of the 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 of the Notes, or any defect therein, will not impair or affect the validity of the amendment.

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 or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder's ’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder's ’s Note or portion of the Note if the Trustee receives the written notice of revocation prior to before the time that date the Company receives the requisite number of consents to such pro- posed amendment or waiverwaiver becomes effective. After an amendment or waiver becomes effective, it shall bind every Noteholder. A consent to any An amendment or waiver hereunder becomes effective upon (i) receipt by the Company or the Trustee of consents by the Holders of the requisite principal amount of securities, (ii) satisfaction of conditions to effectiveness as set forth in this Indenture and any Holder given in connection with a tender indenture supplemental hereto containing such amendment or waiver and (iii) the execution of such Holder's Notes shall not be rendered invalid amendment or waiver by such tenderthe Trustee. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Noteholders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Noteholders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.

Revocation and Effect of Consents and Waivers. 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 amendment, supplement or a waiver by a Holder of a Note Security shall bind the Holder and every subsequent Holder of that Note Security or portion of the Note Security that evidences the same debt as the consenting Holder's Note’s Security, even if notation of the consent or waiver is not made on the NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder's Note ’s Security or portion of the Note Security if the Trustee receives the notice of revocation prior to before the time that date the Company receives the requisite number of consents to such pro- posed amendment amendment, supplement or waiverwaiver becomes effective. After an amendment or waiver becomes effective, it shall bind every NoteholderHolder unless it makes a change described in clauses (i) through (x) of Section 9.2, in which case the amendment, supplement or waiver or other action shall bind each Holder who has consented to it and every subsequent Holder that evidences the same debt as the consenting Holder’s Securities. A consent to any An amendment or waiver hereunder made pursuant to Section 9.2 shall become effective upon receipt by any Holder given in connection with a tender the Trustee of such Holder's Notes shall not be rendered invalid by such tenderthe requisite number of written consents. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Noteholders Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Noteholders Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be become valid or effective for more than 120 days after such record date.

Revocation and Effect of Consents and Waivers. Any --------------------------------------------- amendment to this Indenture Agreement 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 Trusteeelect. A consent to an amendment or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt Debt as the consenting Holder's Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder's Note or portion of the Note if the Trustee Company receives the notice of revocation prior to before the time that date the Company receives the requisite number of consents to such pro- posed amendment or waiverwaiver becomes effective. After an amendment or waiver becomes effective, it shall bind every Noteholder. A consent to any amendment or waiver hereunder by any Holder given in connection with of a tender of such Holder's Notes shall not be rendered invalid by such tenderNote. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Noteholders Holders of Notes entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this IndentureAgreement. If a record date is fixed, then then, notwithstanding the immediately preceding paragraph, those Persons persons who were Noteholders Holders of Notes at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.

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 or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder's ’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder's ’s Note or portion of the Note if the Trustee receives the notice of revocation prior to before a date and time therefor identified by the time that the Company receives the requisite number of consents Issuers in a notice furnished to such pro- posed Holder in accordance with the terms of this Indenture or, if no such date and time shall be identified, the date the amendment or waiverwaiver becomes effective. After an amendment or waiver becomes effective, it shall bind every Noteholder. A consent to any An amendment or waiver hereunder by any Holder given in connection with a tender becomes effective upon the execution of such Holder's Notes shall not be rendered invalid amendment or waiver by such tenderthe Trustee. The Company Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Noteholders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Noteholders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date. After an amendment becomes effective, the Issuers are required to deliver to each Holder of the 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 of the Notes, 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 such modification, amendment or supplement complies with the applicable provisions of the Indenture.

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 or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder's ’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder's ’s Note or portion of the Note if the Trustee receives the notice of revocation prior to before a date and time therefor identified by the time that the Company receives the requisite number of consents Issuers in a notice furnished to such pro- posed Holder in accordance with the terms of this Indenture or, if no such date and time shall be identified, the date the amendment or waiverwaiver becomes effective. After an amendment or waiver becomes effective, it shall bind every Noteholder. A consent to any An amendment or waiver hereunder by any Holder given in connection with a tender becomes effective upon the execution of such Holder's Notes shall not be rendered invalid amendment or waiver by such tenderthe Trustee. The Company Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Noteholders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Noteholders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date. After an amendment becomes effective, the Issuers are required to deliver to each Holder of the 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 of the Notes, or any defect therein, will not impair or affect the validity of the amendment.

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 amendment, supplement or a waiver by a Holder of a Note Security shall bind the Holder and every subsequent Holder of that Note Security or portion of the Note Security that evidences the same debt as the consenting Holder's Note’s Security, even if notation of the consent or waiver is not made on the NoteSecurity. However, any Any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder's Note ’s Security or portion of the Note Security if the Trustee receives the notice of revocation prior to before the time that date the Company receives the requisite number of consents to such pro- posed amendment amendment, supplement or waiverwaiver becomes effective or otherwise in accordance with any related solicitation documents. After an amendment amendment, supplement or waiver becomes effective, it shall bind every NoteholderHolder unless it makes a change described in any of clauses (1) through (9) of Section 9.2, and in that case the amendment, supplement, waiver or other action shall bind each Holder who has consented to it and every subsequent Holder that evidences the same debt as the consenting Xxxxxx’s Securities. A consent An amendment, supplement or waiver under Section 9.2 shall become effective upon receipt by the Trustee of the requisite amount of consents, and in relation to any amendment or waiver hereunder Securities evidenced by Global Securities, such consents need not be in written form and may be evidenced by any Holder given in connection electronic transmissions that comport with a tender the applicable procedures of such Holder's Notes shall not be rendered invalid by such tenderDTC. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Noteholders Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Noteholders Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be become valid or effective for more than 120 days after such record date.

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 amendment, supplement or a waiver by a Holder of a Note Security shall bind the Holder and every subsequent Holder of that Note Security or portion of the Note Security that evidences the same debt as the consenting Holder's Note’s Security, even if notation of the consent or waiver is not made on the NoteSecurity. However, any Any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder's Note ’s Security or portion of the Note Security if the Trustee receives the a written notice of revocation prior to before the time that date the Company receives the requisite number of consents to such pro- posed amendment amendment, supplement or waiverwaiver becomes effective or otherwise in accordance with any related solicitation documents. After an amendment amendment, supplement or waiver becomes effective, it shall bind every NoteholderSecurityholder unless it makes a change described in any of clauses (1) through (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. A consent to any amendment An amendment, supplement or waiver hereunder shall become effective upon receipt by any Holder given in connection with a tender the Trustee of such Holder's Notes shall not be rendered invalid by such tenderthe 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 Noteholders 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 Noteholders Securityholders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall If the Trustee sets a record date for a vote or other action to be valid 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 for more than 120 within 90 days after such following the record date.. ARTICLE TEN COVENANTS

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 amendment, supplement or a waiver by a Holder of a Note Security shall bind the Holder and every subsequent Holder of that Note Security or portion of the Note Security that evidences the same debt as the consenting Holder's Note’s Security, even if notation of the consent or waiver is not made on the NoteSecurity. However, any Any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder's Note ’s Security or portion of the Note Security if the Trustee receives and the Issuer receive the notice of revocation prior to before the time that date the Company receives the requisite number of consents to such pro- posed amendment amendment, supplement or waiverwaiver becomes effective or otherwise in accordance with any related solicitation documents. After an amendment amendment, supplement or waiver becomes effective, it shall bind every NoteholderSecurityholder unless it makes a change described in any of clauses (1) through (10) of Section 9.2, and in that case the amendment, supplement, waiver or other action shall bind each Securityholder who has consented to it and every subsequent Securityholder that evidences the same debt as the consenting Holder’s Securities. A consent An amendment, supplement or waiver under Section 9.2 shall become effective upon receipt by the Issuer of the requisite number of consents, and in relation to any amendment or waiver hereunder Securities evidenced by Global Securities, such consents need not be in written form and may be evidenced by any Holder given in connection electronic transmissions that comport with a tender the applicable procedures of such Holder's Notes shall not be rendered invalid by such tenderDTC. The Company Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Noteholders Securityholders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Noteholders Securityholders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be become valid or effective for more than 120 days after such record date.

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 amendment, supplement or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder's ’s Note, even if notation of the consent or waiver is not made on the Note. However, any Any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder's ’s Note or portion of the Note if the Trustee receives the notice of revocation prior to before the time that date the Company receives the requisite number of consents to such pro- posed amendment amendment, supplement or waiverwaiver becomes effective or otherwise in accordance with any related solicitation documents. After an amendment amendment, supplement or waiver becomes effective, it shall bind every NoteholderNoteholder unless it makes a change described in any of clauses (1) through (8) of Section 9.2, and in that case the amendment, supplement, waiver or other action shall bind each Noteholder who has consented to it and every subsequent Noteholder that evidences the same debt as the consenting Holder’s Notes. A consent 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 amendment or waiver hereunder Notes evidenced by Global Notes, such consents need not be in written form and may be evidenced by any Holder given in connection electronic transmissions that comport with a tender the applicable procedures of such Holder's Notes shall not be rendered invalid by such tenderDTC. The Company Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Noteholders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Noteholders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be become valid or effective for more than 120 days after such record date.

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 or a waiver by a Holder of a Note shall bind the Holder and every subsequent Holder of that Note or portion of the Note that evidences the same debt as the consenting Holder's ’s Note, even if notation of the consent or waiver is not made on the Note. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder's ’s Note or portion of the Note if the Trustee receives the notice of revocation prior to before a date and time therefor identified by the time that the Company receives the requisite number of consents Issuers in a notice furnished to such pro- posed Holder in accordance with the terms of this Indenture or, if no such date and time shall be identified, the date the amendment or waiverwaiver becomes effective. After an amendment or waiver becomes effective, it shall bind every Noteholder. A consent to any An amendment or waiver hereunder by any Holder given in connection with a tender becomes effective upon the execution of such Holder's Notes shall not be rendered invalid amendment or waiver by such tenderthe relevant parties. The Company Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Noteholders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Noteholders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No 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 and the Security Agent an Opinion of Counsel and an Officer’s Certificate upon which the Trustee and the Security Agent may conclusively rely, each stating that such consent shall be valid modification, amendment or effective for more than 120 days after such record datesupplement complies with the applicable provisions of this Indenture. Section 9.05.