Common use of Revocation and Effect of Consents Clause in Contracts

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his Note or portion of his Note by notice to the Trustee or the Issuer received before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, 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 16 contracts

Samples: Indenture (Omega Healthcare Investors Inc), Indenture (OHI Healthcare Properties Limited Partnership), Indenture (OHI Healthcare Properties Limited Partnership)

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Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his Note or portion of his Note by notice to the Trustee or the Issuer Issuers received before the date on which the Trustee receives an Officers’ Officer’s Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. The Issuer Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer Issuers shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) 9) of Section 9.02(b10.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, 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 15 contracts

Samples: Nineteenth Supplemental Indenture (MPT Operating Partnership, L.P.), Seventeenth Supplemental Indenture (MPT Operating Partnership, L.P.), Eighteenth Supplemental Indenture (MPT Operating Partnership, L.P.)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note or her Security or portion of his Note by notice to the Trustee or the Issuer received before the date on which a Security if the Trustee receives an Officers’ Certificate certifying that written notice of revocation before a date and time therefor identified by the Holders Company or any Subsidiary Guarantor 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 requisite principal amount of Notes have consented (and not theretofore revoked such consent) to date the amendment, supplement or waiverwaiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder. The Issuer Company or any Subsidiary Guarantor may, but shall not be obligated to, fix a record date (which need not comply with TIA § 316(c)) for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior waiver or to the first solicitation of such consenttake any other action under this Indenture. If a record date is fixed, then notwithstanding the last sentence provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing date unless consents from Holders of the fixed record date if applicableprincipal amount of Securities required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change is of the type described in any of clauses (1) through (8) 9) of Section 9.02(b), in which 9.02 hereof. In such case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such HolderSecurity.

Appears in 13 contracts

Samples: Indenture (LGI Homes, Inc.), Subordinated Indenture (Pardril Inc), Senior Indenture (Pardril Inc)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note or her Security or portion of his Note by notice to the Trustee or the Issuer received before the date on which a Security if the Trustee receives an Officers’ Certificate certifying that written notice of revocation before a date and time therefor identified by the Holders Issuers or any Subsidiary Guarantor 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 requisite principal amount of Notes have consented (and not theretofore revoked such consent) to date the amendment, supplement or waiverwaiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder. The Issuer Issuers or any Subsidiary Guarantor may, but shall not be obligated to, fix a record date (which need not comply with TIA § 316(c)) for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior waiver or to the first solicitation of such consenttake any other action under this Indenture. If a record date is fixed, then notwithstanding the last sentence provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing date unless consents from Holders of the fixed record date if applicableprincipal amount of Securities required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change is of the type described in any of clauses (1) through (8) 9) of Section 9.02(b), in which 9.02 hereof. In such case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such HolderSecurity.

Appears in 12 contracts

Samples: Senior Indenture (Linn Energy, LLC), Indenture (EQT MIDSTREAM FINANCE Corp), Indenture (EQT MIDSTREAM FINANCE Corp)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note or her Security or portion of his Note by notice to the Trustee or the Issuer received before the date on which a Security if the Trustee receives an Officers’ Certificate certifying that written notice of revocation before a date and time therefor identified by the Holders Company or the Guarantor 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 requisite principal amount of Notes have consented (and not theretofore revoked such consent) to date the amendment, supplement or waiverwaiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder. The Issuer Company or the Guarantor may, but shall not be obligated to, fix a record date (which need not comply with TIA Section 316(c)) for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior waiver or to the first solicitation of such consenttake any other action under this Indenture. If a record date is fixed, then notwithstanding the last sentence provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing date unless consents from Holders of the fixed record date if applicableprincipal amount of Securities required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change is of the type described in any of clauses (1) through (8) 9) of Section 9.02(b), in which 9.02 hereof. In such case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such HolderSecurity.

Appears in 11 contracts

Samples: Indenture (Shell PLC), Indenture (Phillips 66), Indenture (Phillips 66)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to his its Note or portion of his Note by notice to if the Trustee or the Issuer received receives written notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiverwaiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms (except as provided in the second succeeding paragraph) and thereafter binds every Holder. The Issuer Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the second to last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), ) and only those Persons, shall be entitled to consent to such amendment or waiver or revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of the clauses (1) through (8) 9) of Section 9.02(b)9.02, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt indebtedness as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, 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 11 contracts

Samples: Indenture (Holly Energy Partners Lp), Indenture (Holly Energy Partners Lp), Indenture (Holly Energy Partners Lp)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to his its Note or portion of his Note by notice to if the Trustee or the Issuer received receives written notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the waiver, supplement or amendment becomes effective. An amendment, supplement or waiverwaiver becomes effective in accordance with its terms and thereafter binds every Holder. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment or waiver or revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform date except to the Trustee extent that the requisite number of consents to the amendment, supplement or waiver have been obtained within such 90-day period or as set forth in writing the next paragraph of the fixed record date if applicablethis Section 9.04. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1a) through (8) i) of Section 9.02(b)9.02, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt indebtedness as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, 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 11 contracts

Samples: Indenture (Chesapeake Oilfield Operating LLC), Indenture (Mid-States Oilfield Supply LLC), Indenture (Chesapeake Midstream Partners Lp)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his Note or portion of his Note by notice to the Trustee or the Issuer Issuers received before the date on which the Trustee receives an Officers’ Officer’s Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. The Issuer Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer Issuers shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) 9) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, 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 10 contracts

Samples: Indenture (Ryman Hospitality Properties, Inc.), Indenture (Ryman Hospitality Properties, Inc.), Indenture (Ryman Hospitality Properties, Inc.)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his Note or portion of his Note by written notice to the Trustee or the Issuer Issuers received before the date on which the Trustee receives an Officers’ Officer’s Certificate of the Company certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. The Issuer Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer Issuers shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described referred to in any of clauses (1‎‎(i) through (8) ‎(viii) of Section 9.02(b‎Section 10.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, 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 10 contracts

Samples: Indenture (JBS S.A.), Indenture (JBS S.A.), Indenture (JBS Holding Luxembourg S.A R.L.)

Revocation and Effect of Consents. (a) Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his Note or portion of his Note by notice to the Trustee or the Issuer received before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. . (b) The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, waiver which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. . (c) After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1i) through (8) xi) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, 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 10 contracts

Samples: Indenture (Sensata Technologies Holding PLC), Indenture (Sensata Technologies Holding PLC), Indenture (Sensata Technologies Holding PLC)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. HoweverSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to his such Holder's Note or portion of his such Note by notice to the Trustee or the Issuer Company received before the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. An amendment, supplement or waiver becomes effective upon receipt by the Trustee of such Officers' Certificate and evidence of consent by the Holders of the requisite percentage in principal amount of outstanding Notes. The Issuer Company may, but shall not be obligated to, fix a record date Record Date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date Record Date is fixed, then notwithstanding the last second sentence of the immediately preceding paragraph, those Persons who were Holders at such record date Record Date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record dateRecord Date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing Record Date unless consents from Holders of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described requisite percentage in any principal amount of clauses (1) through (8) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit outstanding Notes required hereunder for the enforcement of any such payment on or after such respective dates without the consent effectiveness of such Holderconsents shall have also been given and not revoked within such 90 day period.

Appears in 9 contracts

Samples: Indenture (National Vision Inc), Indenture (Town Sports International Inc), Indenture (Universal Compression Inc)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. HoweverSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to his Note or portion of his Note by notice to the Trustee or the Issuer Company received before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiverwaiver (at which time such amendment, supplement or waiver shall become effective). The Issuer Company may, but shall not be obligated to, fix a such record date as it may select for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 120 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) of Section 9.02(b)9.02, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the a consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, of and interest on, on a Note, on or after the respective due dates thereforexpressed 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 8 contracts

Samples: Indenture (Huntsman CORP), Indenture (Huntsman CORP), Indenture (Huntsman Petrochemical Finance Co)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note Security or portion of his Note by notice to the Trustee or the Issuer received a Security before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes Securities have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 thirty (30) days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 ninety (90) days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) 9) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note Securities who has consented to it and every subsequent Holder of a Note Securities or portion of a Note Securities that evidences the same debt as the consenting Holder’s NoteSecurities; provided, however, that any no such amendment, supplement or waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a NoteSecurity, on or after the respective due dates therefor, 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 8 contracts

Samples: Indenture (Transwitch Corp /De), Indenture (Transwitch Corp /De), Indenture (Btu International Inc)

Revocation and Effect of Consents. (a) Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt Indebtedness as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his or her Note or portion of his a Note by notice to if the Trustee or receives the Issuer received notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement amendment or waiver. . (b) The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders of Notes entitled to consent to any amendment, supplement amendment or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence provisions of the immediately preceding paragraph, those Persons who were Holders of Notes at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, 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 90 days after such record date. The Issuer shall inform the Trustee in writing date unless consents from Holders of the fixed record date if applicable. principal amount of Notes required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period. (c) After an amendment, supplement amendment or waiver becomes effective, effective it shall bind every Holder, unless it makes a change is of the type described in any of clauses (1) through (8) of Section 9.02(b9.02(c), in which case, case the amendment, supplement amendment or waiver shall only bind only each Holder of a Note who has that consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, 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 8 contracts

Samples: Indenture (Gray Television Inc), Indenture (Gray Television Inc), Indenture (E.W. SCRIPPS Co)

Revocation and Effect of Consents. Until to an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by shall bind the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. HoweverSubject to the following paragraph, any such Holder or subsequent Holder Holder, however, may revoke the consent as to his Note Security or portion of his Note by notice to a Security. Such revocation shall be effective only if the Trustee or receives the Issuer received notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiverwaiver becomes effective. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders of Securities of any Series entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 10 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) 7) of Section 9.02(b)9.02, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note Security who has consented to it and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security; provided, however, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, of and interest on, on a NoteSecurity, on or after the respective due dates thereforexpressed in such Security, 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 8 contracts

Samples: Indenture (Standard Pacific Corp /De/), Indenture (Standard Pacific Corp /De/), Indenture (Standard Pacific Corp /De/)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder of a Note may revoke the consent as to his its Note or portion of his Note by notice to if the Trustee or the Issuer received receives written notice of revocation before the date on which the Trustee receives written notice from the Issuer (or an Officers’ Certificate agent employed by the Issuer to collate or tabulate consents from Holders of the Notes) certifying that the Holders of the requisite principal amount of the Notes have consented (and not theretofore revoked such consent) to the amendment or waiver. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder. The Issuer may fix a record date for determining which Holders must consent to such amendment, supplement or waiver. The If the Issuer may, but shall not be obligated to, fix fixes a record date for date, the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be fixed at least (i) the later of 30 days prior to the first solicitation of such consentconsent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.5 (List of Holders) or (ii) such other date as the Issuer shall designate. If a record date is fixed, then notwithstanding the last sentence Section 9.3 (Notation on or Exchange of the immediately preceding paragraphNotes), those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent (or the appointment of a proxy) previously givengiven 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 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, 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 8 contracts

Samples: Indenture (Central European Distribution Corp), Indenture (Central European Distribution Corp), Indenture (Latchey LTD)

Revocation and Effect of Consents. A consent to any amendment, supplement or waiver under the Indenture by any Holder given in connection with a purchase, tender or exchange of such Holder’s Notes shall not be rendered invalid by such purchase, tender or exchange. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to his its Note or portion of his Note by notice to if the Trustee or the Issuer received receives written notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the waiver, supplement or amendment becomes effective. An amendment, supplement or waiverwaiver becomes effective in accordance with its terms and thereafter binds every Holder. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment or waiver or revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform date except to the Trustee extent that the requisite number of consents to the amendment, supplement or waiver have been obtained within such 90-day period or as set forth in writing the next paragraph of the fixed record date if applicablethis Section 9.03. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1a) through (8) i) of Section 9.02(b)902 of the Indenture, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt indebtedness as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, 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 8 contracts

Samples: Fifth Supplemental Indenture (Whiting Petroleum Corp), Fourth Supplemental Indenture (Whiting Petroleum Corp), Second Supplemental Indenture (Whiting Petroleum Corp)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to his its Note or portion of his Note by notice to if the Trustee or the Issuer received receives written notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the waiver, supplement or amendment becomes effective. An amendment, supplement or waiverwaiver becomes effective in accordance with its terms and thereafter binds every Holder. The Issuer Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at the close of business on such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform date except to the Trustee extent that the requisite number of consents to the amendment, supplement or waiver have been obtained within such 90-day period or as set forth in writing the next paragraph of the fixed record date if applicablethis Section 9.04. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1a) through (8) j) of Section 9.02(b)9.02, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt indebtedness as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, 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 8 contracts

Samples: Indenture (Atlas Pipeline Partners Lp), Indenture (Atlas Pipeline Partners Lp), Indenture (Atlas Pipeline Partners Lp)

Revocation and Effect of Consents. Until A consent to an amendment, a supplement or a waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note its Security or portion of his Note by notice to a Security if the Trustee or the Issuer received before receives written notice of revocation at any time prior to (but not after) the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes Securities have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder, and a consent thereto given in connection with a tender of a Holder’s Securities shall not be rendered invalid by such tender. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior waiver or to take any other action with respect to the first solicitation of such consentSecurities under this Indenture. If a record date is fixed, then notwithstanding the last sentence provisions of the immediately preceding paragraph, those Persons who were Holders at the close of business on such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date, and for this purpose the Securities then outstanding shall be computed as of such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing date unless consents from Holders of the fixed record date if applicableprincipal amount of the Securities required hereunder for such amendment, supplement or waiver to be effective shall have also been given and not revoked within such 90-day period. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, Holder of the series of Securities unless it makes a change is of the type described in any of clauses (1Section 8.02(i) through (8) of Section 9.02(b8.02(viii), in which . In such case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such HolderSecurity.

Appears in 7 contracts

Samples: Indenture (Nabors Industries Inc), Indenture (Nabors Industries Inc), Indenture (Nabors Industries Inc)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. HoweverSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to his such Holder’s Note or portion of his such Note by notice to the Trustee or the Issuer received before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. An amendment, supplement or waiver becomes effective upon receipt by the Trustee of such Officers’ Certificate and evidence of consent by the Holders of the requisite percentage in principal amount of outstanding Notes. The Issuer may, but shall not be obligated to, fix a record date Record Date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date Record Date shall be at least 30 days prior to the first solicitation of such consent. If a record date Record Date is fixed, then notwithstanding the last second sentence of the immediately preceding paragraph, those Persons who were Holders at such record date Record Date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record dateRecord Date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing Record Date unless consents from Holders of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described requisite percentage in any principal amount of clauses (1) through (8) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit outstanding Notes required under this Indenture for the enforcement of any such payment on or after such respective dates without the consent effectiveness of such Holderconsents shall have also been given and not revoked within such 90 day period.

Appears in 7 contracts

Samples: Indenture (Chaparral Energy, Inc.), Indenture (Chaparral Energy, Inc.), Indenture (Chaparral Energy, Inc.)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note or her Security or portion of his Note by notice to the Trustee or the Issuer received before the date on which a Security if the Trustee receives an Officers’ Certificate certifying that written notice of revocation before a date and time therefor identified by the Holders Company 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 requisite principal amount of Notes have consented (and not theretofore revoked such consent) to date the amendment, supplement or waiverwaiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder. The Issuer Company may, but shall not be obligated to, fix a record date (which need not comply with TIA Section 316(c)) for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior waiver or to the first solicitation of such consenttake any other action under this Indenture. If a record date is fixed, then notwithstanding the last sentence provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing date unless consents from Holders of the fixed record date if applicable. After an amendment, supplement principal amount of Securities required hereunder for such amendment or waiver becomes effective, it to be effective shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it have also been given and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any not revoked within such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder90-day period.

Appears in 7 contracts

Samples: Indenture (Pioneer Companies Inc), Indenture (Pride International Inc), Indenture (Halliburton Co)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note Security or portion of his Note Security by notice to the Trustee or the Issuer received before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes Securities have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every HolderSecurityholder, unless it makes a change described in any of clauses (1i) through (8) vii) of Section 9.02(b)9.2, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note Security who has consented to it and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s NoteSecurity; provided, however, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, premium, if any, and interest on, on a NoteSecurity, on or after the respective due dates thereforexpressed in such Security, 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 7 contracts

Samples: Indenture (Clean Harbors Inc), Indenture (Clean Harbors Inc), Indenture (Clean Harbors Inc)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to his its Note or portion of his Note by notice to if the Trustee or the Issuer received receives written notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the waiver, supplement or amendment becomes effective. An amendment, supplement or waiverwaiver becomes effective in accordance with its terms and, except as provided in the second succeeding paragraph, thereafter binds every Holder. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the second to last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment or waiver or revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform date except to the Trustee extent that the requisite number of consents to the amendment, supplement or waiver have been obtained within such 90-day period or as set forth in writing the next paragraph of the fixed record date if applicablethis Section 9.04. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1a) through (8) i) of Section 9.02(b)9.02, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt indebtedness as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, 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 7 contracts

Samples: Indenture (Linn Energy, LLC), Indenture (Linn Energy, LLC), Indenture (Linn Energy, LLC)

Revocation and Effect of Consents. (a) Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder holder of a Note may revoke the consent as to his Note or portion of his Note by notice to the Trustee or the Issuer received before the date on which the Trustee receives an Officers’ Officer’s Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. . (b) The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders Noteholders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. . (c) After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1Section 9.02(b)(1) through (8) of Section 9.02(b7), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, of and interest on, on a Note, on or after the respective due dates thereforexpressed 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 6 contracts

Samples: Indenture (Warner Music Group Corp.), Indenture (Warner Music Group Corp.), Indenture (Warner Music Group Corp.)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to his its Note or portion of his Note by notice to if the Trustee or the Issuer received receives written notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiverwaiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms (except as provided in the second succeeding paragraph) and thereafter binds every Holder. The Issuer Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the second to last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), ) and only those Persons, shall be entitled to consent to such amendment or waiver or revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of the clauses (1) through (8) 9) of Section 9.02(b)9.02, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt indebtedness as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, 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 6 contracts

Samples: Indenture (Antero Midstream Corp), Indenture (Antero Midstream Corp), Indenture (Antero Midstream Corp)

Revocation and Effect of Consents. Until an amendment, amendment or waiver or supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note Security or portion of his Note by notice to a Security if the Trustee or receives the Issuer received notice of revocation before the date on which the Trustee receives an Officers’ Officer’s Certificate certifying that the Holders of the requisite principal amount of Notes Securities have consented (and not theretofore revoked such consent) to the amendmentamendment or waiver. After an amendment or waiver becomes effective, supplement it shall bind every Holder of each series of Securities affected by such amendment or waiver. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement amendment or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence provisions of the immediately preceding paragraph, those Persons persons who were Holders at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such Persons persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement amendment or waiver becomes effective, effective it shall bind every Holder, unless it makes a change is of the type described in any of clauses (1) through (8) 3) of Section 9.02(b902(c), in which . In such case, the amendment, supplement amendment or waiver shall bind only each Holder of a Note Security who has consented to it and every subsequent Holder of a Note or portion of a Note Security that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such HolderSecurity.

Appears in 6 contracts

Samples: Indenture (Core Molding Technologies Inc), Indenture (Core Molding Technologies Inc), Indenture (Fox Factory Holding Corp)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note Security or portion of his Note Security by written notice to the Trustee Company or the Issuer Person designated by the Company as the Person to whom consents should be sent if such revocation is received by the Company or such Person before the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Notes Securities have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation date so fixed by the Company notwithstanding the provisions of such consentthe TIA. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date date, and only those Persons (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every HolderSecurityholder, unless it makes a change described in any of clauses (1) through (8) of Section 9.02(b)9.02, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note Security who has consented to it and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security; provided, however, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and premium of and interest on, on a NoteSecurity, on or after the respective dates set for such amounts to become due dates thereforand payable expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holderdates.

Appears in 6 contracts

Samples: Indenture (Price Communications Wireless Inc), Indenture (Montgomery Cellular Telephone Co Inc), Indenture (Price Communications Corp)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. HoweverSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to his such Holder’s Note or portion of his such Note by notice to the Trustee or the Issuer Company received before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) of Section 9.02(b)8.02 hereof, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, of and interest on, on a Note, on or after the respective due dates thereforexpressed 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 6 contracts

Samples: Indenture (CNH Industrial Capital LLC), Indenture (CNH Industrial Capital LLC), Indenture (CNH Capital LLC)

Revocation and Effect of Consents. (a) Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his Note or portion of his Note by notice to the Trustee or the Issuer received before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of the Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. . (b) The Issuer may, but shall not be obligated to, fix a record date Record Date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, waiver which record date Record Date shall be at least 30 days prior to the first solicitation of such consent. If a record date Record Date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders Noteholders at such record date Record Date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record dateRecord Date. No such consent shall be valid or effective for more than 90 days after such record dateRecord Date. The Issuer shall inform the Trustee in writing of the fixed record date Record Date if applicable. . (c) After an amendment, supplement or waiver becomes effective, it shall bind every HolderNoteholder, unless it makes a any change described in any of clauses (1) through (8) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, of and interest onand premium, if any, on a Note, on or after the respective due dates thereforexpressed 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 6 contracts

Samples: Indenture (Headwaters Inc), Indenture (Nortek Inc), Indenture (Broan-NuTone LLC)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note or her Security or portion of his Note by notice to the Trustee or the Issuer received before the date on which a Security if the Trustee receives an Officers’ Certificate certifying that written notice of revocation before a date and time therefor identified by the Holders Company 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 requisite principal amount of Notes have consented (and not theretofore revoked such consent) to date the amendment, supplement or waiverwaiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder. The Issuer Company may, but shall not be obligated to, fix a record date (which need not comply with TIA § 316(c)) for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior waiver or to the first solicitation of such consenttake any other action under this Indenture. If a record date is fixed, then notwithstanding the last sentence provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing date unless consents from Holders of the fixed record date if applicableprincipal amount of Securities required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change is of the type described in any of clauses (1) through (8) 9) of Section 9.02(b), in which 9.02 hereof. In such case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such HolderSecurity.

Appears in 5 contracts

Samples: Indenture (Hilltop Holdings Inc.), Indenture (Westlake Chemical Corp), Indenture (PostRock Energy Corp)

Revocation and Effect of Consents. Until an amendment, amendment or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his Note or portion of his Note by notice to the Trustee or the Issuer Company received before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes Requisite Noteholders have consented (and not theretofore revoked such consent) to the amendment, supplement amendment or waiver. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement amendment or waiver, which record date shall be at least 30 days ten (10) Business Days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons persons who were Holders at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to revoke any consent previously given, whether or not such Persons persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement amendment or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1a) through (8) g) of Section 9.02(b)9.1, in which case, the amendment, supplement amendment or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note; provided, however, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, of and interest on, on a Note, on or after the respective due dates thereforexpressed 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 5 contracts

Samples: Convertible Subordinated Note Purchase Agreement (Regent Assisted Living Inc), Convertible Subordinated Note Purchase Agreement (Regent Assisted Living Inc), Convertible Subordinated Note Purchase Agreement (Regent Assisted Living Inc)

Revocation and Effect of Consents. Until an amendment, amendment or waiver or supplement becomes effective, a consent to it by a Holder holder of a Convertible Subordinated Note is a continuing consent by the Holder holder and every subsequent Holder holder of a Convertible Subordinated Note or portion of a Convertible Subordinated Note that evidences the same debt as the consenting Holder’s holder's Convertible Subordinated Note, even if notation of the consent is not made on any Convertible Subordinated Note. However, any such Holder holder or subsequent Holder holder may revoke the consent as to his or her Convertible Subordinated Note or portion of his a Convertible Subordinated Note by notice to if the Trustee or receives the Issuer received notice of revocation before the date on which the Trustee receives an Officers' Certificate certifying that the Holders holders of the requisite principal amount of Convertible Subordinated Notes have consented (and not theretofore revoked such consent) to the amendment, supplement amendment or waiver. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders holders of Convertible Subordinated Notes entitled to consent to any amendment, supplement amendment or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence provisions of the immediately preceding paragraph, those Persons persons who were Holders holders of Convertible Subordinated Notes at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such Persons persons continue to be Holders holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing date unless consents from holders of the fixed record date if applicable. After an amendment, supplement principal amount of Convertible Subordinated Notes required hereunder for such amendment or waiver becomes effective, it to be effective shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it have also been given and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any not revoked within such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder90-day period.

Appears in 5 contracts

Samples: Indenture (School Specialty Inc), Indenture (Amkor Technology Inc), Indenture (Amkor Technology Inc)

Revocation and Effect of Consents. Until an amendment, ---------------------------------- supplement or waiver or supplement becomes effective, a consent to it an amendment, supplement or waiver by a Holder of a Debenture is a continuing consent by the Holder and every subsequent Holder of a Note that Debenture or portion of a Note that Debenture that evidences the same debt as the consenting Holder’s Note's Debenture, even if notation of the consent is not made on any NoteDebenture. However, any Any such Holder or subsequent Holder Holder, however, may revoke the consent as to his Note Debenture or portion of his Note by notice to a Debenture. Such revocation shall be effective only if the Trustee or receives the Issuer received notice of revocation before the date the amendment, supplement or waiver becomes effective. An amendment, supplement or waiver shall become effective on which receipt by the Trustee receives an Officers’ Certificate certifying that of written consents from the Holders of the requisite percentage in principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiveroutstanding Debentures. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders persons entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consentindenture supplemental hereto. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at on such record date (date, or their duly designated proxies), and only those Personssuch persons, shall be entitled to revoke any consent previously givento such supplemental indenture, whether or not such Persons continue to be Holders remain Holders after such record date. No ; provided, that unless such consent shall be valid or have become effective for more than 90 days by virtue of the requisite percentage having been obtained prior to the date which is six months after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver consent previously given shall not impair or affect the right of automatically and without further action by any Holder to receive payment be canceled and of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holderno further effect.

Appears in 5 contracts

Samples: Indenture (Intervest Corporation of New York), Indenture (Intervest Corporation of New York), Indenture (Intervest Corporation of New York)

Revocation and Effect of Consents. Until an amendment, ------------------------------------- supplement or waiver or supplement becomes effective, a consent to it an amendment, supplement or waiver by a Holder of a Debenture is a continuing consent by the Holder and every subsequent Holder of a Note that Debenture or portion of a Note that Debenture that evidences the same debt as the consenting Holder’s Note's Debenture, even if notation of the consent is not made on any NoteDebenture. However, any Any such Holder or subsequent Holder Holder, however, may revoke the consent as to his Note Debenture or portion of his Note by notice to a Debenture. Such revocation shall be effective only if the Trustee or receives the Issuer received notice of revocation before the date the amendment, supplement or waiver becomes effective. An amendment, supplement or waiver shall become effective on which receipt by the Trustee receives an Officers’ Certificate certifying that of written consents from the Holders of the requisite percentage in principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiveroutstanding Debentures. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders persons entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consentindenture supplemental hereto. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at on such record date (date, or their duly designated proxies), and only those Personssuch persons, shall be entitled to revoke any consent previously givento such supplemental indenture, whether or not such Persons continue to be Holders remain Holders after such record date. No ; provided, that unless such consent shall be valid or have become effective for more than 90 days by virtue of the requisite percentage having been obtained prior to the date which is six months after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver consent previously given shall not impair or affect the right of automatically and without further action by any Holder to receive payment be canceled and of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holderno further effect.

Appears in 5 contracts

Samples: Indenture (Intervest Mortgage Corp), Indenture (Intervest Mortgage Corp), Indenture (Intervest Mortgage Corp)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. HoweverSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to his such Holder's Note or portion of his such Note by notice to the Trustee or the Issuer Company received before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiverwaiver becomes effective. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least (i) the later of 30 days prior to the first solicitation of such consentconsent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.05 above or (ii) such other date as the Company may designate. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 180 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) of Section 9.02(b)9.02, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note; providedprovided that, howeverwithout the consent of a Holder, that any such waiver shall not impair or affect the right of any such Holder to receive payment of principal of, of and interest on, on a Note, on or after the respective due dates thereforexpressed 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 Holderdates.

Appears in 5 contracts

Samples: Indenture (Amida Industries Inc), Indenture (Terex Corp), Indenture (Terex Corp)

Revocation and Effect of Consents. Until an amendment, supplement, waiver or supplement other action becomes effective, a consent to it by a Holder of a Note is a continuing consent by the conclusive and binding upon such Holder and every subsequent Holder of a the same Note or portion thereof, and of a any Note that evidences issued upon the same debt as the consenting Holder’s Notetransfer thereof or in exchange therefor or in place thereof, even if notation of the consent is not made on any such Note. However, any Any such Holder or subsequent Holder Holder, however, may revoke the consent as to his Note or portion of his Note by a Note, if the Trustee receives the written notice of revocation before the date the amendment, supplement, waiver or other action becomes effective. If no such record date is fixed, the record date shall be the later of 30 days prior to the solicitation of such consent or the date of the most recent list of Holders provided to the Trustee or the Issuer received before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked pursuant to Section 2.06 prior to such consent) to the amendment, supplement or waiversolicitation. The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement supplement, or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then then, notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those such Persons, shall be entitled to consent to such amendment, supplement, or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform date unless the Trustee in writing consent of the fixed record date if applicablerequisite number of Holders has been obtained. After an amendment, supplement supplement, waiver or waiver other action becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) 9) of Section 9.02(b8.02(b), in which case, . In that case the amendment, supplement supplement, waiver or waiver other action shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, 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 5 contracts

Samples: Indenture (M/I Homes, Inc.), Indenture (M/I Homes, Inc.), Indenture (M I Homes Inc)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any Notesuch Security. However, any such Holder or subsequent Holder may revoke the consent as to his Note Security or portion of his Note by notice to a Security if the Trustee or the Issuer received receives written notice of revocation before the date on which the Trustee receives an Officers’ Officer's Certificate certifying that the Holders of the requisite principal amount of Notes Securities have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. Such amendment, waiver or supplement, as the case may be, shall be effective upon receipt by the Trustee of such Officer's Certificate. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence two sentences of the immediately preceding paragraph, those Persons who were Holders at the close of business on such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer All Holders that consent to such modification, waiver or action in the manner and within the time period requested shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder be entitled to receive payment of principal ofthe consideration, and interest onif any, a Note, on or after the respective due dates therefor, or to bring suit offered for the enforcement of any such payment on or after such respective dates without the consent of such Holderconsent.

Appears in 5 contracts

Samples: Indenture (Toyota Auto Lease Trust 1998-B), Indenture (Toyota Lease Trust), Indenture (Toyota Auto Lease Trust 1998 C)

Revocation and Effect of Consents. Until to an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by shall bind the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. HoweverSubject to the following paragraph, any such Holder or subsequent Holder Holder, however, may revoke the consent as to his Note Security or portion of his Note by notice to a Security. Such revocation shall be effective only if the Trustee or receives the Issuer received notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiverwaiver becomes effective. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders of Securities of any Series entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 10 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) 7) of Section 9.02(b)9.02, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note Security who has consented to it and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, of and interest on, on a NoteSecurity, on or after the respective due dates thereforexpressed in such Security, 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 5 contracts

Samples: Indenture (MDC Holdings Inc), Indenture Agreement (MDC Holdings Inc), Indenture (Key Production Co Inc)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. HoweverSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to his such Holder's Note or portion of his such Note by notice to the Trustee or the Issuer Company received before the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. An amendment, supplement or waiver becomes effective upon receipt by the Trustee of such Officers' Certificate and evidence of consent by the Holders of the requisite percentage in principal amount of outstanding Notes. The Issuer Company may, but shall not be obligated to, fix a record date Record Date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date Record Date shall be at least 30 days prior to the first solicitation of such consent. If a record date Record Date is fixed, then notwithstanding the last second sentence of the immediately preceding paragraph, those Persons who were Holders at such record date Record Date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record dateRecord Date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing Record Date unless consents from Holders of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described requisite percentage in any principal amount of clauses (1) through (8) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit outstanding Notes required hereunder for the enforcement of any such payment on or after such respective dates without the consent effectiveness of such Holderconsents shall have also been given and not revoked within such 90 day period.

Appears in 5 contracts

Samples: Indenture (Sickinger Co), Indenture (Magnum Hunter Resources Inc), Indenture (XCL LTD)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his Note or portion of his Note by notice to the Trustee or the Issuer Co-Issuers received before the date on which the Trustee receives an Officers’ Officer’s Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. The Issuer Co-Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer Co-Issuers shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) 10) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided that the Co-Issuers and the Trustee are able to identify the particular Note which has so consented; provided, howeverfurther, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest (if any) and premium on, a Note, on or after the respective due dates therefor, 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 5 contracts

Samples: Eighth Supplemental Indenture (Navios Maritime Holdings Inc.), Supplemental Indenture (Navios Maritime Holdings Inc.), Indenture (Navios Maritime Holdings Inc.)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note or her Security or portion of his Note by notice to the Trustee or the Issuer received before the date on which a Security if the Trustee receives an Officers’ Certificate certifying that written notice of revocation before a date and time therefor identified by the Holders Company or any Guarantor 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 requisite principal amount of Notes have consented (and not theretofore revoked such consent) to date the amendment, supplement or waiverwaiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder. The Issuer Company or any Guarantor may, but shall not be obligated to, fix a record date (which need not comply with TIA § 316(c)) for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior waiver or to the first solicitation of such consenttake any other action under this Indenture. If a record date is fixed, then notwithstanding the last sentence provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing date unless consents from Holders of the fixed record date if applicableprincipal amount of Securities required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change is of the type described in any of clauses (1) through (8) 9) of Section 9.02(b), in which 9.02 hereof. In such case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such HolderSecurity.

Appears in 5 contracts

Samples: Subordinated Indenture (Jones Energy, Inc.), Senior Indenture (Jones Energy, Inc.), Subordinated Indenture (Jones Energy Holdings, LLC)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. HoweverSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to his such Holder’s Note or portion of his such Note by notice to the Trustee or the Issuer received before the date on which the Trustee receives an Officers’ Officer’s Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. An amendment, supplement or waiver becomes effective upon receipt by the Trustee of such Officer’s Certificate and evidence of consent by the Holders of the requisite percentage in principal amount of outstanding Notes. The Issuer may, but shall not be obligated to, fix a record date Record Date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date Record Date shall be at least 30 days prior to the first solicitation of such consent. If a record date Record Date is fixed, then notwithstanding the last second sentence of the immediately preceding paragraph, those Persons who were Holders at such record date Record Date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record dateRecord Date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing Record Date unless consents from Holders of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described requisite percentage in any principal amount of clauses (1) through (8) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit outstanding Notes required under this Indenture for the enforcement of any such payment on or after such respective dates without the consent effectiveness of such Holderconsents shall have also been given and not revoked within such 90 day period.

Appears in 5 contracts

Samples: Supplemental Indenture (GMX Resources Inc), Indenture (GMX Resources Inc), Indenture (GMX Resources Inc)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his Note or portion of his Note by notice to the Trustee or the Issuer received before the date on which the Trustee receives an Officers’ Officer’s Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) 10) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, 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 5 contracts

Samples: Third Supplemental Indenture (CoreCivic, Inc.), Second Supplemental Indenture (CoreCivic, Inc.), First Supplemental Indenture (Corrections Corp of America)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. HoweverSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to his such Holder's Note or portion of his such Note by notice to the Trustee or the Issuer Company received before the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) 9) of Section 9.02(b)8.02, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note; provided, however, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, of and interest on, on a Note, on or after the respective due dates thereforexpressed 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 5 contracts

Samples: Indenture (Affinity Group Inc), Indenture (Affinity Group Holding, Inc.), Indenture (Brickman Group LTD)

Revocation and Effect of Consents. (a) Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his Note or portion of his Note by notice to the Trustee or the Issuer Company received before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. . (b) The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, waiver which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer Company shall inform the Trustee in writing of the fixed record date if applicable. . (c) After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1i) through (8) xi) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, of and interest on, on a Note, on or after the respective due dates thereforexpressed 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 5 contracts

Samples: Indenture (Sensata Technologies Holding N.V.), Indenture (Sensata Technologies Holding N.V.), Indenture (Sensata Technologies Holding N.V.)

Revocation and Effect of Consents. (a) Until an amendment, amendment (which includes any supplement) or waiver or supplement becomes effective, a consent to it by a Holder of a Security of any series is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note such Holder's Security or portion of his Note by notice to a Security if the Trustee or the Issuer received receives written notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented amendment or waiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holder. (and not theretofore revoked such consentb) to the amendment, supplement or waiver. The Issuer Company may, but shall will not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement amendment or waiver, which . If the Company elects to fix a record date shall for such purpose, the record date will be fixed at least (i) the later of 30 days prior to the first solicitation of such consentconsent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 10.02 hereof or (ii) such other date as the Company will designate. If a record date is fixed, then notwithstanding the last sentence provisions of the immediately preceding paragraphSection 13.04(a) hereof, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall will be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall will be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing unless consents from Holders of the fixed record date if applicable. principal amount of Securities required hereunder for such amendment or waiver to be effective has also been given and not revoked within such 90-day period. (c) After an amendment, supplement amendment or waiver becomes effective, effective it shall will bind every HolderHolder of a Security of any series affected thereby, unless it makes a change is of the type described in any of clauses (1i) through (8) iv) of Section 9.02(b), in which case, the amendment, supplement 13.02(d) hereof. Any amendment or waiver shall will bind only each Holder of a Note Security who has consented to it and every subsequent Holder of a Note or portion of a Note Security that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder's Security.

Appears in 5 contracts

Samples: Senior Indenture (U S Home Corp /De/), Senior Indenture (U S Home Corp /De/), Subordinated Indenture (U S Home Corp /De/)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his Note or portion of his Note by notice to the Trustee or the Issuer Co-Issuers received before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. The Issuer Co-Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer Co-Issuers shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) 11) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided that the Co-Issuers and the Trustee are able to identify the particular Note which has so consented; provided, howeverfurther, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest interest, Additional Interest (if any) and premium on, a Note, on or after the respective due dates therefor, 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 4 contracts

Samples: Indenture (Petrolera San Antonio S.A.), Indenture (Navios Maritime Holdings Inc.), Indenture (Navios Maritime Holdings Inc.)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. HoweverSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to his such Holder’s Note or portion of his such Note by notice to the Trustee or the Issuer received before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) 10) of Section 9.02(b)8.02 hereof, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, of and interest on, on a Note, on or after the respective due dates thereforexpressed 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 4 contracts

Samples: Indenture (American Greetings Corp), Indenture (American Greetings Corp), Indenture (American Greetings Corp)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his its Note or portion of his its Note by notice to the Trustee or the Issuer received before the date on which the Trustee receives an Officers’ Officer’s Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, waiver which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who that were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) 11) of Section 9.02(b), in which case, case the amendment, supplement or waiver shall bind only each Holder of a Note who that has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, 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 4 contracts

Samples: Indenture (PGT Innovations, Inc.), Indenture (PGT Innovations, Inc.), Indenture (Advanced Disposal Services, Inc.)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. HoweverSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to his Note or portion of his Note by notice to the Trustee or the Issuer Company received before the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiverwaiver (at which time such amendment, supplement or waiver shall become effective). The Issuer Company may, but shall not be obligated to, fix a such record date as it may select for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 120 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) of Section 9.02(b)9.02, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the a consenting Holder’s 's Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, of and interest on, on a Note, on or after the respective due dates thereforexpressed 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 4 contracts

Samples: Indenture (Huntsman Advanced Materials (UK) LTD), Indenture (Huntsman Polymers Corp), Indenture (Huntsman LLC)

Revocation and Effect of Consents. Until an amendment, amendment is set forth in a supplemental indenture or a waiver or supplement becomes effective, a consent to it by a Holder of the Notes is a continuing consent by the Holder and every subsequent Holder of a Note the Notes or portion of a Note that evidences the same debt as the consenting Holder’s NoteNotes, even if notation of the consent is not made on any NoteNotes. However, any such Holder or subsequent Holder may revoke the consent as to his Note Notes or portion of his a Note by notice to if the Trustee or receives the Issuer received notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount supplemental indenture or the date the waiver becomes effective. Any amendment or waiver once effective shall bind every Holder of the Notes have affected by such amendment or waiver unless it is of the type set forth in any of clauses (a) through (h) of Section 9.02. In that case, the amendment or waiver shall bind each Holder of the Notes who has consented (to it and not theretofore revoked such consent) to every subsequent Holder of the amendment, supplement Notes or waiverportion of a Notes that evidences the same debt as the consenting Holder of the Notes. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to any amendment, supplement or waiver, which record date shall be at least 30 days prior taken pursuant to the first solicitation of such consentthis Indenture. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to give such consent or to revoke any consent previously givengiven or 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 90 120 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, 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 4 contracts

Samples: Indenture, Indenture (American Airlines, Inc.), Indenture (American Airlines, Inc.)

Revocation and Effect of Consents. (a) Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note Security or portion of his Note Security by notice to the Trustee or the Issuer received before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes Securities have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. . (b) The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, waiver which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders Securityholders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. . (c) After an amendment, supplement or waiver becomes effective, it shall bind every HolderSecurityholder, unless it makes a change described in any of clauses (1) through (8) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note Security who has consented to it and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s NoteSecurity; provided, however, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, of and interest on, on a NoteSecurity, on or after the respective due dates thereforexpressed in such Security, 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 4 contracts

Samples: Indenture (Global Crossing LTD), Indenture (Warner Music Group Corp.), Indenture (Warner Music Group Corp.)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to his its Note or portion of his Note by notice to if the Trustee or the Issuer received receives written notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the waiver, supplement or amendment becomes effective. An amendment, supplement or waiverwaiver becomes effective in accordance with its terms and thereafter binds every Holder. For purposes of this Indenture, the consent of the Holder of a Global Security shall be deemed to include any consent delivered by any member of, or participant in, any Depository or DTC, any nominees thereof and their respective successors and assigns, or such other depository institution hereinafter appointed by the Issuer ("Depository Entity") by electronic means in accordance with the Automated Tender Offer Procedures system or other customary procedures of, and pursuant to authorization by, such Depository Entity. The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action required or permitted to any amendment, supplement or waiver, which record date shall be at least 30 days prior taken pursuant to the first solicitation of such consentthis Indenture. If a record date is fixed, then notwithstanding the last sentence first paragraph of the immediately preceding paragraphthis Section 9.04, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously givengiven 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 90 120 days after such record date. The Issuer shall inform the Trustee in writing Any Holder entitled hereunder to give, make or take any action under this Indenture with regard to any particular Note may do so, or duly appoint any Person or Persons as its agent or agents to do so, with regard to all or any part of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent amount of such HolderNote.

Appears in 4 contracts

Samples: Indenture (Swift Transportation Co Inc), Indenture (Swift Transportation Co Inc), Indenture (Swift Transportation Co Inc)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it an amendment, supplement or waiver by a Holder of a Debenture is a continuing consent by the Holder and every subsequent Holder of a Note that Debenture or portion of a Note that Debenture that evidences the same debt as the consenting Holder’s Note's Debenture, even if notation of the consent is not made on any NoteDebenture. However, any Any such Holder or subsequent Holder Holder, however, may revoke the consent as to his Note Debenture or portion of his Note by notice to a Debenture. Such revocation shall be effective only if the Trustee or receives the Issuer received notice of revocation before the date the amendment, supplement or waiver becomes effective. An amendment, supplement or waiver shall become effective on which receipt by the Trustee receives an Officers’ Certificate certifying that of written consents from the Holders of the requisite percentage in principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiveroutstanding Debentures. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders persons entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consentindenture supplemental hereto. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at on such record date (date, or their duly designated proxies), and only those Personssuch persons, shall be entitled to revoke any consent previously givento such supplemental indenture, whether or not such Persons continue to be Holders remain Holders after such record date. No ; provided, that unless such consent shall be valid or have become effective for more than 90 days by virtue of the requisite percentage having been obtained prior to the date which is six months after such record date, any such consent previously given shall automatically and without further action by any Holder be canceled and of no further effect. 9.02. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) of Section 9.02(b), in which case, In that case the amendment, supplement or waiver shall bind only each Holder of a Note Debenture who has consented to it and every subsequent Holder of a Note Debenture or portion of a Note Debenture that evidences the same debt as the consenting Holder’s Note; provided's Debenture (except that an amendment, howeversupplement or wavier postponing any interest payment for a period not exceeding three years from its due date shall, that any such waiver shall not impair or affect the right as provided in clause (ii) of any Holder to receive payment of principal ofSection 9.02, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without bind all Debentureholders upon the consent of such HolderHolders of not less than 75% in principal amount of all outstanding Debentures).

Appears in 4 contracts

Samples: Indenture (Intervest Corporation of New York), Indenture (Intervest Corporation of New York), Indenture (Intervest Bancshares Corp)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. HoweverSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to his such Holder's Note or portion of his such Note by notice to the Trustee or the Issuer Company received before the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. An amendment, supplement or waiver becomes effective upon receipt by the Trustee of such Officers' Certificate and evidence of consent by the Holders of the requisite percentage in principal amount of outstanding Notes. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last second sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a any change described in any of clauses (1) through (8) of Section 9.02(b9.2(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, of and interest on, on a Note, on or after the respective due dates thereforexpressed 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 4 contracts

Samples: Indenture (Logan Metal Stampings Inc), Indenture (Hawk Corp), Indenture (Hawk Brake Inc)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note or her Security or portion of his Note by notice to the Trustee or the Issuer received before the date on which a Security if the Trustee receives an Officers’ Certificate certifying that written notice of revocation before a date and time therefor identified by the Holders Company or any Guarantor 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 requisite principal amount of Notes have consented (and not theretofore revoked such consent) to date the amendment, supplement or waiverwaiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder. The Issuer Company or any Guarantor may, but shall not be obligated to, fix a record date (which need not comply with TIA § 316(c)) for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior waiver or to the first solicitation of such consenttake any other action under this Indenture. If a record date is fixed, then notwithstanding the last sentence provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing date unless consents from Holders of the fixed record date if applicableprincipal amount of Securities required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change is of the type described in any of clauses (1) through (8) of Section 9.02(b), in which 9.02 hereof. In such case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note Security that evidences all or a portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such HolderSecurity.

Appears in 4 contracts

Samples: Indenture (Contango ORE, Inc.), Indenture (Riley Exploration Permian, Inc.), Indenture (KLX Energy Services Holdings, Inc.)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note Security or portion of his Note Security by notice to the Trustee or the Issuer Company received before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes Securities have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, waiver which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer Company shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every HolderSecurityholder, unless it makes a change described in any of clauses (1i) through (8) vi) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note Security who has consented to it and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s NoteSecurity; provided, however, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, of and interest on, on a NoteSecurity, on or after the respective due dates thereforexpressed in such Security, 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 4 contracts

Samples: Indenture (Asap Software Express Inc), Indenture (Moore Labels Inc), Indenture (Buhrmann Nederland B.V.)

Revocation and Effect of Consents. (a) Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his or her Note or portion of his or her Note by written notice to the Trustee or the Issuer Issuers received before the date on which the Trustee receives an Officers’ Officer’s Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. . (b) The Issuer Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, waiver which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraphSection 9.03(a), those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer Issuers shall inform the Trustee in writing of the fixed record date if applicable. . (c) After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1i) through (8) xi) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, of and interest on, on a Note, on or after the respective due dates thereforexpressed 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 4 contracts

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

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if INDENTURE (16% Junior Subordinated) notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note Security or portion of his Note Security by notice to the Trustee or the Issuer received before the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Notes Securities have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. The Notwithstanding the above, nothing in this paragraph shall impair the right of any holder under Section 316(b) of the TIA. Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If When a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons persons who were Holders at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to revoke any consent previously given, whether or not such Persons persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) of Section 9.02(b)7.2, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note Security who has consented to it and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security; provided, however, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, of and interest on, on a NoteSecurity, on or after the respective due dates thereforexpressed in such Security, 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 4 contracts

Samples: Indenture (Scott Cable Communications Inc), Indenture (Scott Cable Communications Inc), Indenture (Scott Cable Communications Inc)

Revocation and Effect of Consents. Until A consent to an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by shall bind the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. HoweverSubject to the following paragraph, any such Holder or subsequent Holder Holder, however, may revoke the consent as to his Note Security or portion of his Note by notice to a Security. Such revocation shall be effective only if the Trustee or receives the Issuer received notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiverwaiver becomes effective. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders of Securities of any Series entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 10 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) of Section 9.02(b)10.02, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note Security who has consented to it and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security; provided, however, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, of and interest on, on a NoteSecurity, on or after the respective due dates thereforexpressed in such Security, 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 4 contracts

Samples: Indenture (Collins & Aikman Products Co), Indenture (Horton D R Inc /De/), Indenture (Collins & Aikman Products Co)

Revocation and Effect of Consents. Until an amendment, amendment (which includes any supplement) or waiver or supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note or her Security or portion of his Note by notice to a Security if the Trustee or the Issuer received receives written notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders amendment or waiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holder of the requisite principal amount of Notes have consented (a Security whether theretofore or thereafter authenticated and not theretofore revoked such consent) to the amendment, supplement or waiverdelivered. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement amendment or waiver. If the Company elects to fix a record date for such purpose, which the record date shall be fixed at least (i) the later of 30 days prior to the first solicitation of such consentconsent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation, or (ii) such other date as the Company shall designate. If a record date is fixed, then notwithstanding the last sentence provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing date unless consents from Holders of the fixed record date if applicable. After an amendment, supplement principal amount of Securities required hereunder for such amendment or waiver becomes effective, it to be effective shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it have also been given and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any not revoked within such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder90-day period.

Appears in 4 contracts

Samples: Supplemental Indenture (Integrated Health Services Inc), Supplemental Indenture (Integrated Health Services Inc), Indenture (Integrated Health Services Inc)

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Revocation and Effect of Consents. A consent to any amendment, supplement or waiver under this Indenture by any Holder given in connection with a purchase, tender or exchange of such Holder’s Notes shall not be rendered invalid by such purchase, tender or exchange. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to his its Note or portion of his Note by notice to if the Trustee or the Issuer received receives written notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the waiver, supplement or amendment becomes effective. An amendment, supplement or waiverwaiver becomes effective in accordance with its terms and thereafter binds every Holder. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment or waiver or revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform date except to the Trustee extent that the requisite number of consents to the amendment, supplement or waiver have been obtained within such 90-day period or as set forth in writing the next paragraph of the fixed record date if applicablethis Section 9.03. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1a) through (8) i) of Section 9.02(b)902 of this Indenture, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt indebtedness as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, 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 4 contracts

Samples: Fifth Supplemental Indenture (Whiting Petroleum Corp), Sixth Supplemental Indenture (Whiting Petroleum Corp), Third Supplemental Indenture (Whiting Petroleum Corp)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his Note or portion of his Note by notice to the Trustee or the Issuer received before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 thirty (30) days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 ninety (90) days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) 10) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any no such amendment, supplement or waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, 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 4 contracts

Samples: Ninth Supplemental Indenture (Alere Inc.), Third Supplemental Indenture (Inverness Medical Innovations Inc), First Supplemental Indenture (Inverness Medical Innovations Inc)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his Note or portion of his Note by written notice to the Trustee Company or the Issuer Person designated by the Company as the Person to whom consents should be sent if such revocation is received by the Company or such Person before the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation date so fixed by the Company notwithstanding the provisions of such consentthe TIA. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date date, and only those Persons (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every HolderSecurityholder, unless it makes a change described in any of clauses (1) through (8) 3) of Section 9.02(b)9.2 hereof, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and premium of and interest on(and Liquidated Damages, if any) on a Note, on or after the respective dates set for such amounts to become due dates thereforand payable 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 Holderdates.

Appears in 4 contracts

Samples: Indenture (Radiologix Inc), Indenture (Radiologix Inc), Indenture (Penton Media Inc)

Revocation and Effect of Consents. (a) Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of such Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting HolderXxxxxx’s Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to his its Note or portion of his Note by notice to if the Trustee or the Issuer received receives written notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver. waiver becomes effective in accordance with its terms and, except as provided in clause (c) of this Section 9.04, thereafter binds every Holder. (b) The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the second to last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform date except to the Trustee extent that the requisite number of consents to the amendment, supplement or waiver have been obtained within such 90-day period or as set forth in writing clause (c) of the fixed record date if applicable. this Section 9.04. (c) After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) 5) of Section 9.02(b9.02(a), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt indebtedness as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, 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 4 contracts

Samples: Indenture (Comstock Oil & Gas, LP), Indenture (Comstock Oil & Gas, LP), Indenture (Comstock Oil & Gas, LP)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his its Note or portion of his Note by notice to if the Trustee or and the Issuer received Company receive written notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the waiver, supplement or amendment becomes effective. An amendment, supplement or waiverwaiver becomes effective in accordance with its terms and thereafter binds every Holder. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be be, at the Company’s election, either (a) at least 30 days prior to the first solicitation of such consentconsent or (b) the date of the most recent list furnished to the Trustee under Section 2.05. If a record date is fixed, then notwithstanding the second to last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No A consent to any amendment, supplement or waiver under any Indenture Document by any Holder given in connection with a purchase of, or tender offer or exchange offer for, such consent Holder’s Notes shall not be valid rendered invalid by such purchase, tender or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicableexchange. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, Holder unless it makes a change described in any Section 10.02 which cannot be made without the consent of clauses (1) through (8) of Section 9.02(b)each Holder affected, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, premium, if any, and interest on, on a Note, on or after the respective due dates thereforexpressed 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 4 contracts

Samples: Indenture (CURO Group Holdings Corp.), Indenture (CURO Group Holdings Corp.), Indenture (CURO Group Holdings Corp.)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note or her Security or portion of his Note by notice to the Trustee or the Issuer received before the date on which a Security if the Trustee receives an Officers’ Certificate certifying that written notice of revocation before a date and time therefor identified by the Holders Partnership or any Subsidiary Guarantor 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 requisite principal amount of Notes have consented (and not theretofore revoked such consent) to date the amendment, supplement or waiverwaiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder. The Issuer Partnership or any Subsidiary Guarantor may, but shall not be obligated to, fix a record date (which need not comply with TIA Section 316(c)) for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior waiver or to the first solicitation of such consenttake any other action under this Indenture. If a record date is fixed, then notwithstanding the last sentence provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing date unless consents from Holders of the fixed record date if applicableprincipal amount of Securities required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change is of the type described in any of clauses (1) through (8) 9) of Section 9.02(b), in which 9.02 hereof. In such case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such HolderSecurity.

Appears in 4 contracts

Samples: Indenture (Heritage Operating Lp), Indenture (Heritage Operating Lp), Indenture (ETC Texas Pipeline, LTD)

Revocation and Effect of Consents. Until A consent to an amendment, a supplement or a waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note its Security or portion of his Note by notice to a Security if the Trustee or the Issuer received before receives written notice of revocation at any time prior to (but not after) the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes Securities have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder, and a consent thereto given in connection with a tender of a Holder’s Securities shall not be rendered invalid by such tender. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior waiver or to take any other action with respect to the first solicitation of such consentSecurities under this Indenture. If a record date is fixed, then notwithstanding the last sentence provisions of the immediately preceding paragraph, those Persons who were Holders at the close of business on such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date, and for this purpose the Securities then outstanding shall be computed as of such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing date unless consents from Holders of the fixed record date if applicableprincipal amount of the Securities required hereunder for such amendment, supplement or waiver to be effective shall have also been given and not revoked within such 90-day period. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change is of the type described in any of clauses (1i) through (8) viii) of Section 9.02(b), in which 8.02. In such case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such HolderSecurity.

Appears in 4 contracts

Samples: Indenture (Nabors Industries LTD), Indenture (Nabors Industries LTD), Indenture (Nabors Industries LTD)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his Note or portion of his Note by notice to the Trustee or the Issuer Issuers received before the date on which the Trustee receives an Officers’ Officer’s Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. The Issuer Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer Issuers shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) 9) of Section 9.02(b9.2(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, 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 4 contracts

Samples: Ninth Supplemental Indenture (Sabra Health Care REIT, Inc.), Eighth Supplemental Indenture (Sabra Health Care REIT, Inc.), Third Supplemental Indenture (Sabra Health Care REIT, Inc.)

Revocation and Effect of Consents. (a) Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. However, prior to becoming effective, any such Holder or subsequent Holder may revoke the consent as to his Note or portion of his Note by notice to the Trustee or the Issuer Company if such notice is received by the Trustee or the Company before the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. Notwithstanding the above, nothing in this paragraph shall impair the right of any Holder under (S)316(b) of the TIA. (b) The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons persons who were Holders at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to revoke any consent previously given, whether or not such Persons persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 ninety (90) days after such record date. The Issuer shall inform the Trustee in writing date unless consents from Holders of the fixed record date if applicable. principal amount of Notes required hereunder for such amendment, supplement or waiver to be effective shall have been given and not revoked within such ninety (90) day period. (c) After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1i) through (8) viii) of Section 9.02(b8.02(a), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note; provided, however, that any such waiver -------- ------- shall not impair or affect the right of any Holder to receive payment of principal of, Principal of and interest on, on a Note, on or after the respective dates set for such amounts to become due dates thereforand payable 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 Holderdates.

Appears in 3 contracts

Samples: Indenture (Cellstar Corp), Indenture (Cellstar Corp), Indenture (Cellstar Corp)

Revocation and Effect of Consents. (a) Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of such Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to his its Note or portion of his Note by notice to if the Trustee or the Issuer received receives written notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver. waiver becomes effective in accordance with its terms and, except as provided in clause (c) of this Section 9.04, thereafter binds every Holder. (b) The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the second to last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform date except to the Trustee extent that the requisite number of consents to the amendment, supplement or waiver have been obtained within such 90-day period or as set forth in writing clause (c) of the fixed record date if applicable. this Section 9.04. (c) After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) 12) of Section 9.02(b9.02(a), in which case, case the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt Indebtedness as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, 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 3 contracts

Samples: Indenture (Comstock Resources Inc), Indenture (Comstock Resources Inc), Indenture (Comstock Resources Inc)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his Note or portion of his Note by notice to the Trustee or the Issuer received before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 120 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1i) through (8) x) of Section 9.02(b11.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, 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 3 contracts

Samples: Indenture (Us Concrete Inc), Indenture (Bode Concrete LLC), Indenture (Bode Concrete LLC)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. HoweverSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to his Note or portion of his Note by notice to the Trustee or the Issuer Company received before the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiverwaiver (at which time such amendment, supplement or waiver shall become effective). The Issuer Company may, but shall not be obligated to, fix a such record date as it may select for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 120 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) of Section 9.02(b)9.02, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the a consenting Holder’s 's Note; provided, however, that any such waiver shall not -------- ------- impair or affect the right of any Holder to receive payment of principal of, of and interest on, on a Note, on or after the respective due dates thereforexpressed 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 3 contracts

Samples: Indenture (Huntsman Texas Holdings LLC), Indenture (Tioxide Americas Inc), Indenture (Huntsman Texas Holdings LLC)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to his its Note or portion of his Note by notice to if the Trustee or the Issuer received receives written notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the waiver, supplement or amendment becomes effective. An amendment, supplement or waiverwaiver becomes effective in accordance with its terms and thereafter binds every Holder. The Issuer Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at the close of business on such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform date except to the Trustee extent that the requisite number of consents to the amendment, supplement or waiver have been obtained within such 90-day period or as set forth in writing the next paragraph of the fixed record date if applicablethis Section 9.04. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1a) through (8) i) of Section 9.02(b)9.02, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt indebtedness as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, 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 3 contracts

Samples: Indenture (Atlas Resource Partners, L.P.), Indenture (Atlas Resource Partners, L.P.), Indenture (Atlas Energy Resources, LLC)

Revocation and Effect of Consents. (a) Until an amendment, waiver or supplement in respect of Debt Securities of any series becomes effective, a consent to it by a Holder of Debt Securities of such series is a continuing consent by the such Holder and every subsequent Holder of a Note such Debt Security or portion of a Note such Debt Security that evidences the same debt as the such consenting Holder’s Note's Debt Security, even if notation of the consent is not made on any NoteDebt Security of such series. However, any such Holder or subsequent Holder may revoke the consent as to his Note such Holder's Debt Security or portion of his Note such Holder's Debt Security by written notice to the Trustee or and the Issuer Company received before the date on which the Trustee receives an Officers’ a Company Certificate certifying that the Holders of the requisite principal amount at maturity of Notes Debt Securities of such series have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. . (b) The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders of Debt Security of any series entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders of Debt Securities of such series at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders of Debt Securities of such series after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. . (c) After an amendment, supplement or waiver in respect of Debt Securities of any series becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder Debt Securities of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Notesuch series; provided, however, provided that any such waiver shall not impair or affect the right of any Holder of Debt Securities of such series to receive payment of principal of, of and interest on, on a NoteDebt Security of such series, on or after the respective due dates thereforexpressed in such Debt Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder. (d) The applicability of this clause is restricted only to such decisions in respect to which a meeting of Holders of Debt Securities of any series as provided in Section 9.06 of this Indenture is not required under Argentine law.

Appears in 3 contracts

Samples: Indenture (Autopistas Del Sol Sa), Indenture (Autopistas Del Sol Sa), Indenture (Autopistas Del Sol Sa)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note Security or portion of his Note Security by notice to the Trustee or the Issuer Issuers received before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes Securities have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. The Issuer Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every HolderSecurityholder, unless it makes a change described in any of clauses (1i) through (8) vii) of Section 9.02(b)9.02, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note Security who has consented to it and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s NoteSecurity; provided, however, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, premium, if any, and interest on, on a NoteSecurity, on or after the respective due dates thereforexpressed in such Security, 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 3 contracts

Samples: Indenture (Quality Distribution Inc), Indenture (Quality Distribution Inc), Indenture (Quality Distribution Inc)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his Note or portion of his Note by notice to the Trustee or the Issuer received before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to any date the first solicitation of Issuer shall select for such consentpurpose. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 ninety (90) days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) 10) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any no such amendment, supplement or waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, 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 3 contracts

Samples: Supplemental Indenture (Alere Inc.), Sixteenth Supplemental Indenture (Alere Inc.), Fifteenth Supplemental Indenture (Alere Inc.)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his Note or portion of his Note by written notice to the Trustee Company or the Issuer Person designated by the Company as the Person to whom consents should be sent if such revocation is received by the Company or such Person before the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation date so fixed by the Company notwithstanding the provisions of such consentthe TIA. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date date, and only those Persons (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, regardless of whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s NoteNoteholder; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and premium of and interest on, on a Note, on or after the respective dates set for such amounts to become due dates thereforand payable 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 Holderdates.

Appears in 3 contracts

Samples: Indenture (Transtexas Gas Corp), Indenture (Transtexas Gas Corp), Indenture (Transtexas Gas Corp)

Revocation and Effect of Consents. (a) Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of such Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to his its Note or portion of his Note by notice to if the Trustee or the Issuer received receives written notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver. waiver becomes effective in accordance with its terms and, except as provided in clause (c) of this Section 9.04, thereafter binds every Holder. (b) The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the second to last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 ninety (90) days after such record date. The Issuer shall inform date except to the Trustee extent that the requisite number of consents to the amendment, supplement or waiver have been obtained within such 90-day period or as set forth in writing clause (c) of the fixed record date if applicable. this Section 9.04. (c) After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1i) through (8) v) of Section 9.02(b)9.02(a) hereof, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt indebtedness as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, 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 3 contracts

Samples: Supplemental Indenture, Indenture, Indenture

Revocation and Effect of Consents. (a) Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt Indebtedness as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his or her Note or portion of his a Note by notice to if the Trustee or receives the Issuer received notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement amendment or waiver. . (b) The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders of Notes entitled to consent to any amendment, supplement amendment or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence provisions of the immediately preceding paragraphSection 9.04(a), those Persons who were Holders of Notes at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, 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 90 days after such record date. The Issuer shall inform the Trustee in writing date unless consents from Holders of the fixed record date if applicable. principal amount of Notes required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period. (c) After an amendment, supplement amendment or waiver becomes effective, effective it shall bind every Holder, unless it makes a change is of the type described in any of clauses (1) through (8) of Section 9.02(b9.02(c), in which case, case the amendment, supplement amendment or waiver shall only bind only each Holder of a Note who has that consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, 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 3 contracts

Samples: Indenture (Plantronics Inc /Ca/), Indenture (E.W. SCRIPPS Co), Indenture (E.W. SCRIPPS Co)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. HoweverSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to his such Holder's Note or portion of his such Note by notice to the Trustee or the Issuer Company received before the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. An amendment, supplement or waiver becomes effective upon receipt by the Trustee of such Officers' Certificate and evidence of consent by the Holders of the requisite percentage in principal amount of outstanding Notes. The Issuer Company may, but shall not be obligated to, fix a record date Record Date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date Record Date is fixed, then notwithstanding the last second sentence of the immediately preceding paragraph, those Persons who were Holders at such record date Record Date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record dateRecord Date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing Record Date unless consents from Holders of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described requisite percentage in any principal amount of clauses (1) through (8) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit outstanding Notes required hereunder for the enforcement of any such payment on or after such respective dates without the consent effectiveness of such Holderconsents shall have also been given and not revoked within such 90-day period.

Appears in 3 contracts

Samples: Indenture (Power Ten), Indenture (Penn National Gaming Inc), Indenture (Idt Corp)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. HoweverSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to his such Holder's Note or portion of his such Note by notice to the Trustee or the Issuer Company received before the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. An amendment, supplement or waiver becomes effective upon receipt by the Trustee of such Officers' Certificate and evidence of consent by the Holders of the requisite percentage in principal amount of outstanding Notes. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last second sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a any change described in any of clauses (1) through (8) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, of and interest on, on a Note, on or after the respective due dates thereforexpressed 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 3 contracts

Samples: Indenture (International Knife & Saw Inc), Indenture (Philipp Brothers Chemicals Inc), Indenture (Icn Pharmaceuticals Inc)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note Security or portion of his Note Security by written notice to the Trustee Issuers or the Issuer person designated by the Issuers as the person to whom consents should be sent if such revocation is received by the Issuers or such person before the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Notes Securities have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. The Issuer Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation date so fixed by the Issuers notwithstanding the provisions of such consentthe TIA. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons persons who were Holders at such record date date, and only those persons (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every HolderSecurityholder, unless it makes a change described in any of clauses (1) through (8) 9) of Section 9.02(b)9.2, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note Security who has consented to it and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and premium of and interest on(and Liquidated Damages, if any) on a NoteSecurity, on or after the respective dates set for such amounts to become due dates thereforand payable expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holderdates.

Appears in 3 contracts

Samples: Indenture (Sun International North America Inc), Indenture (Sun International Hotels LTD), Indenture (Sun International North America Inc)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the such Holder and every subsequent Holder of a Note that Security or portion of a Note that Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note Security or portion of his Note by notice a Security prior to such amendment, supplement or waiver becoming effective. Such revocation shall be effective only if the Trustee or receives the Issuer received notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiverwaiver becomes effective. Notwithstanding the above, nothing in this paragraph shall impair the right of any Holder under ' 316(b) of the TIA. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence second and third sentences of the immediately preceding paragraph, those Persons persons who were Holders at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons persons continue to be Holders after such record date. No such Such consent shall be valid or effective only for more than actions taken within 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, Holder unless it makes a change described in any of clauses (1a) through (8) h) of Section 9.02(b), in which case9.02; if it makes such a change, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder's Security.

Appears in 3 contracts

Samples: Indenture (Cai Wireless Systems Inc), Indenture (Cai Wireless Systems Inc), Indenture (Cai Wireless Systems Inc)

Revocation and Effect of Consents. Until an amendment, amendment (which includes any supplement) or waiver or supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note or her Security or portion of his Note by notice to a Security if the Trustee or the Issuer received receives written notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (amendment or waiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and not theretofore revoked such consent) to the amendment, supplement or waiverthereafter binds every Holder. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement amendment or waiver. If the Company elects to fix a record date for such purpose, which the record date shall be fixed at least (i) the later of 30 days prior to the first solicitation of such consentconsent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.13, or (ii) such other date as the Company shall designate. If a record date is fixed, then notwithstanding the last sentence provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing date unless consents from Holders of the fixed record date if applicable. After an amendment, supplement principal amount of Securities required hereunder for such amendment or waiver becomes effective, it to be effective shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it have also been given and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any not revoked within such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder90-day period.

Appears in 3 contracts

Samples: Indenture (Newfield Exploration Co /De/), Indenture (Barrett Resources Corp), Indenture (Barrett Resources Corp)

Revocation and Effect of Consents. Until A consent to an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by shall bind the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. HoweverSubject to the following paragraph, any such Holder or subsequent Holder Holder, however, may revoke the consent as to his Note Security or portion of his Note by notice to a Security. Such revocation shall be effective only if the Trustee or receives the Issuer received notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiverwaiver becomes effective. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders of Securities of any Series entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 10 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) 7) of Section 9.02(b)9.02, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note Security who has consented to it and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, of and interest on, on a NoteSecurity, on or after the respective due dates thereforexpressed in such Security, 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 3 contracts

Samples: Indenture (Key Production Co Inc), Indenture (MDC Holdings Inc), Indenture (MDC Holdings Inc)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note or her Security or portion of his Note by notice to the Trustee or the Issuer received before the date on which a Security if the Trustee receives an Officers’ Certificate certifying that written notice of revocation before a date and time therefor identified by the Holders Company 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 requisite principal amount of Notes have consented (and not theretofore revoked such consent) to date the amendment, supplement or waiverwaiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder. The Issuer Company may, but shall not be obligated to, fix a record date (which need not comply with TIA Section 316(c)) for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior waiver or to the first solicitation of such consenttake any other action under this Indenture. If a record date is fixed, then notwithstanding the last sentence provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing date unless consents from Holders of the fixed record date if applicableprincipal amount of Securities required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change is of the type described in any of clauses (1) through (8) 9) of Section 9.02(b), in which 9.02 hereof. In such case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such HolderSecurity.

Appears in 3 contracts

Samples: Indenture (Phillips 66 Co), Indenture (Shell International Finance B.V.), Indenture (Shell International Finance B.V.)

Revocation and Effect of Consents. (a) Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his Note or portion of his Note by notice to the Trustee or the Issuer Company received before the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. . (b) The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, waiver which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer Company shall inform the Trustee in writing of the fixed record date if applicable. . (c) After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1i) through (8) xi) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, of and interest on, on a Note, on or after the respective due dates thereforexpressed 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 3 contracts

Samples: Indenture (Sensata Technologies Holding PLC), Indenture (Sensata Technologies Holding PLC), Indenture (Sensata Technologies Holding PLC)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. HoweverSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to his such Holder's Note or portion of his such Note by notice to the Trustee or the Issuer Issuers received before the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. An amendment, supplement or waiver becomes effective upon receipt by the Trustee of such Officers' Certificate and evidence of consent by the Holders of the requisite percentage in principal amount of outstanding Notes. The Issuer Issuers may, but shall not be obligated to, fix a record date Record Date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date Record Date shall be at least 30 days prior to the first solicitation of such consent. If a record date Record Date is fixed, then notwithstanding the last second sentence of the immediately preceding paragraph, those Persons who were Holders at such record date Record Date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record dateRecord Date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing Record Date unless consents from Holders of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described requisite percentage in any principal amount of clauses (1) through (8) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit outstanding Notes required hereunder for the enforcement of any such payment on or after such respective dates without the consent effectiveness of such Holderconsents shall have also been given and not revoked within such 90 day period.

Appears in 3 contracts

Samples: Indenture (Abraxas Petroleum Corp), Indenture (Canadian Abraxas Petroleum LTD), Indenture (Canadian Abraxas Petroleum LTD)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note Debt Security or portion of a Note Debt Security that evidences the same debt as the consenting Holder’s NoteDebt Security, even if notation of the consent is not made on any NoteDebt Security. However, any such Holder or subsequent Holder may revoke the consent as to his Note or her Debt Security or portion of his Note by notice to the Trustee or the Issuer received before the date on which a Debt Security if the Trustee receives an Officers’ Certificate certifying that written notice of revocation before a date and time therefor identified by the Holders Partnership or any Subsidiary Guarantor 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 requisite principal amount of Notes have consented (and not theretofore revoked such consent) to date the amendment, supplement or waiverwaiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder. The Issuer Partnership or any Subsidiary Guarantor may, but shall not be obligated to, fix a record date (which need not comply with TIA Section 316(c)) for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior waiver or to the first solicitation of such consenttake any other action under this Indenture. If a record date is fixed, then notwithstanding the last sentence provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing date unless consents from Holders of the fixed record date if applicableprincipal amount of Debt Securities required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change is of the type described in any of clauses (1) through (8) 10) of Section 9.02(b), in which 9.02 hereof. In such case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such HolderDebt Security.

Appears in 3 contracts

Samples: Indenture (Energy Transfer LP), Indenture (Energy Transfer Partners, L.P.), Indenture (Energy Transfer Partners, L.P.)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his or her Note or portion of his a Note by notice to the Trustee or the Issuer received before the date on which if the Trustee receives an Officers’ Certificate certifying that written notice of revocation before a date and time therefor identified by the Holders Company or any Guarantor in a notice furnished to such Holder in accordance with the terms of the requisite principal amount of Notes have consented (Indenture or, if no such date and not theretofore revoked such consent) to time shall be identified, the date the amendment, supplement or waiverwaiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder. The Issuer Company or any Guarantor may, but shall not be obligated to, fix a record date (which need not comply with TIA § 316(c)) for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior waiver or to take any other action under the first solicitation of such consentIndenture. If a record date is fixed, then notwithstanding the last sentence provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing date unless consents from Holders of the fixed record date if applicableprincipal amount of Securities required hereunder for such amendment, supplement or waiver to be effective shall have also been given and not revoked within such 90-day period. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change is of the type described in any of clauses (1) through (8) 10) of Section 9.02(b), in which 9.02 hereof. In such case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, 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 3 contracts

Samples: Indenture (Era Group Inc.), Indenture (Era Group Inc.), Indenture (Seacor Holdings Inc /New/)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his Note or portion of his Note by notice to the Trustee or the Issuer received before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 120 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) 11) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, 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 3 contracts

Samples: Indenture (Ply Gem Holdings Inc), Indenture (Ply Gem Holdings Inc), Indenture (Seitel Inc)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note or her Security or portion of his Note by notice to the Trustee or the Issuer received before the date on which a Security if the Trustee receives an Officers’ Certificate certifying that written notice of revocation before a date and time therefor identified by the Holders Company or the Guarantor 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 requisite principal amount of Notes have consented (and not theretofore revoked such consent) to date the amendment, supplement or waiverwaiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder. The Issuer Company or the Guarantor may, but shall not be obligated to, fix a record date (which need not comply with TIA Section 316(c)) for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior waiver or to the first solicitation of such consenttake any other action under this Indenture. If a record date is fixed, then notwithstanding the last sentence provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing date unless consents from Holders of the fixed record date if applicableprincipal amount of Securities required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change is of the type described in any of clauses (1) through (8) of Section 9.02(b), in which 9.02 hereof. In such case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such HolderSecurity.

Appears in 3 contracts

Samples: Indenture (Shell Finance US Inc.), Indenture (Shell International Finance B.V.), Indenture (Shell International Finance B.V.)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. HoweverSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to his such Holder's Note or portion of his such Note by written notice to the Trustee or the Issuer Company received before the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) of Section 9.02(b)9.2, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note; provided, however, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, of and interest on, on a Note, on or after the respective due dates thereforexpressed 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 3 contracts

Samples: Indenture (Hanger Orthopedic Group Inc), Indenture (Everest One Ipa Inc), Indenture (PSS Holding Inc)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note Security or portion of his Note Security by written notice to the Trustee Issuers or the Issuer Person designated by the Issuers as the Person to whom consents should be sent if such revocation is received by the Issuers or such Person before the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Notes Securities have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. The Issuer Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation date so fixed by the Company notwithstanding the provisions of such consentthe TIA. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date date, and only those Persons (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every HolderSecurityholder, unless it makes a change described in any of clauses (1a) through (8) h) of Section 9.02(b)8.2, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note Security who has consented to it and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security; provided, however, that any such waiver shall not impair or affect the right of any other Holder to receive payment of principal of, and premium of and interest on, on a NoteSecurity, on or after the respective dates set for such amounts to become due dates thereforand payable expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holderdates.

Appears in 3 contracts

Samples: Indenture (Waterford Gaming Finance Corp), Indenture (Waterford Gaming LLC), Indenture (Waterford Gaming LLC)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his Note or portion of his Note by notice to the Trustee or the Issuer Casella received before the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. The Issuer Casella may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, waiver which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer Casella shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every HolderNoteholder, unless it makes a change described in any of clauses (1) through (8) 11) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note; provided, however, PROVIDED that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, of and interest on, on a Note, on or after the respective due dates therefor, 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 3 contracts

Samples: Indenture (Northern Sanitation Inc), Indenture (Casella Waste Systems Inc), Indenture (Kti Inc)

Revocation and Effect of Consents. Until an amendment, amendment (which includes any supplement) or waiver or supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note or her Security or portion of his Note by notice to a Security if the Trustee or the Issuer received receives written notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (amendment or waiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and not theretofore revoked such consent) to the amendment, supplement or waiverthereafter binds every Holder. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement amendment or waiver. If the Company elects to fix a record date for such purpose, which the record date shall be fixed at least (i) the later of 30 days prior to the first solicitation of such consentconsent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.05 hereof, or (ii) such other date as the Company shall designate. If a record date is fixed, then notwithstanding the last sentence provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing date unless consents from Holders of the fixed record date if applicable. After an amendment, supplement principal amount of Securities required hereunder for such amendment or waiver becomes effective, it to be effective shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it have also been given and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any not revoked within such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder90-day period.

Appears in 3 contracts

Samples: Indenture (Vegeterian Times Inc), Indenture (Vegeterian Times Inc), Indenture (Primedia Inc)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to his its Note or portion of his Note by notice to if the Trustee or and the Issuer received Issuers receive written notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the waiver, supplement or amendment becomes effective. An amendment, supplement or waiverwaiver becomes effective in accordance with its terms and thereafter binds every Holder. The Issuer Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform date except to the Trustee extent that the requisite number of consents to the amendment, supplement or waiver have been obtained within such 90-day period or as set forth in writing the next paragraph of the fixed record date if applicablethis Section 9.03. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) 11) of Section 9.02(b)9.02 hereof, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt indebtedness as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, 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 3 contracts

Samples: First Supplemental Indenture (Peabody Energy Corp), Indenture (Peabody Energy Corp), Transaction Support Agreement (Peabody Energy Corp)

Revocation and Effect of Consents. Until After an amendment, supplement, waiver or supplement other action becomes effective, a consent to it by a Holder of a Note is a continuing consent by the conclusive and binding upon such Holder and every subsequent Holder of a the same Note or portion thereof, and of a any Note that evidences issued upon the same debt as the consenting Holder’s Notetransfer thereof or in exchange therefor or in place thereof, even if notation of the consent is not made on any such Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to his its Note or portion of his Note by notice to if the Trustee or the Issuer received receives written notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiverwaiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder, whether or not they have consented to such action or were present at the meeting at which such action was taken and every subsequent Holder of the same Note or portion thereof, and of any Note issued upon the transfer thereof or in exchange therefor or in place thereof, even if notation of the consent is not made on any such Note. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement supplement, or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then then, notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those such Persons, shall be entitled to consent to such amendment, supplement, or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holderthe requisite number of Holders has been obtained.

Appears in 3 contracts

Samples: Indenture (British American Tobacco p.l.c.), Indenture (Reynolds American Inc), Indenture (British American Tobacco p.l.c.)

Revocation and Effect of Consents. Until to an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by shall bind the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. HoweverSubject to the following paragraph, any such Holder or subsequent Holder Holder, however, may revoke the consent as to his Note or portion of his Note by notice to a Note. Such revocation shall be effective only if the Trustee or receives the Issuer received notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiverwaiver becomes effective. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders of Notes entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 10 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1a) through (8) g) of Section 9.02(b)9.02, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, of and interest on, on a Note, on or after the respective due dates thereforexpressed 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 2 contracts

Samples: Indenture (MDC Holdings Inc), Indenture (MDC Holdings Inc)

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