Common use of Revocation and Effect of Consents Clause in Contracts

Revocation and Effect of Consents. Until an amendment, supplement or waiver 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 its Note if the Trustee receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. 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. If a record date is fixed, then, notwithstanding the preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only 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 120 days after such record date unless the consent of the requisite number of Holders has been obtained.

Appears in 37 contracts

Samples: Supplemental Indenture (HCA Healthcare, Inc.), Supplemental Indenture (HCA Healthcare, Inc.), Supplemental Indenture (HCA Healthcare, Inc.)

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Revocation and Effect of Consents. Until an amendment, supplement or waiver 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 its Note if the Trustee receives written notice of revocation before the date the waiveramendment, supplement or amendment waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. 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. If a record date is fixed, then, notwithstanding the preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only 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 120 days after such record date unless the consent of the requisite number of Holders has been obtained.

Appears in 20 contracts

Samples: Indenture (Hilton Worldwide Holdings Inc.), Indenture (Organon & Co.), Indenture (Hilton Worldwide Holdings Inc.)

Revocation and Effect of Consents. Until an amendment, supplement or waiver 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 its Note if the Trustee receives written notice of revocation before the earlier of the date the waiver, supplement or amendment becomes effectiveeffective and the date on which the Trustee receives an Officer’s Certificate from the Issuers certifying that the requisite principal amount of Notes have consented. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting 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. If a record date is fixed, then, notwithstanding the preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only 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 120 days after such record date unless the consent of the requisite number principal amount of Holders Notes has been obtained.

Appears in 16 contracts

Samples: Indenture (Uniti Group Inc.), Indenture (Uniti Group Inc.), Indenture (Uniti Group Inc.)

Revocation and Effect of Consents. Until an amendment, supplement or waiver 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 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 of a Note or subsequent Holder of a Note may revoke the consent as to its Note his or her Security or portion of a Security if the Trustee receives written notice of revocation before the date the waiveramendment, supplement or amendment waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. The Issuer Company may, but shall not be obligated to, fix a record date (which need not comply with Section 316(c) of the TIA) for the purpose of determining the Holders entitled to consent to any amendment, supplement, supplement or waiverwaiver or to take any other action under this Indenture. If a record date is fixed, then, then notwithstanding the provisions of the immediately preceding paragraph, those Persons who were Holders at such that record date (or their duly designated proxies), and only such those Persons, shall be entitled to consent to such that amendment, supplement, supplement or waiver or to revoke any consent previously given, whether or not such those Persons continue to be Holders after such that record date. No such consent shall be valid or effective for more than 120 90 days after such that record date unless the consent consents from Holders of the requisite number principal amount of Holders has Securities required hereunder for that amendment or waiver to be effective shall have also been obtainedgiven and not revoked within that 90-day period.

Appears in 14 contracts

Samples: Indenture (Oceaneering International Inc), Indenture (Acs Trust I), Subordinated Indenture (Petroquest Energy Inc)

Revocation and Effect of Consents. Until an amendment, supplement amendment or waiver 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 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. HoweverSubject to the following paragraph, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note if such Holder's Security or portion of such Security by notice to the Trustee or the Company received before the date on which the Trustee receives written notice an Officers' Certificate certifying that the Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holderwaiver. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders of Securities entitled to consent to any amendment, supplement, supplement or waiver. If a record date is fixed, then, notwithstanding the last sentence of the immediately preceding paragraph, those Persons persons who were Holders of Securities at such record date (or their duly designated proxies), and only such Personsthose persons, shall be entitled to consent to such amendment, supplement, supplement or waiver or to revoke any consent previously given, whether or not such Persons persons continue to be Holders of such Securities after such record date. No such consent shall be valid or effective for more than 120 90 days after such record date unless the consent of the requisite number of Holders has been obtaineddate.

Appears in 14 contracts

Samples: Indenture (Airxcel Inc), Indenture (Global Telesystems Europe B V), Indenture (Trans Resources Inc)

Revocation and Effect of Consents. Until A consent to an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by Security shall bind the Holder of a Note 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, until an amendment, supplement or waiver becomes effective, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note if Security or portion of a Security. For such revocation to be effective, the Trustee receives written must receive the notice of revocation before the date the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holdereffective. 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 amendmentamendment or waiver. If the Company elects to fix a record date for such purpose, supplementthe record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.05, or waiver(ii) such other date as the Company shall designate. If a record date is fixed, then, then notwithstanding the provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such those Persons, shall be entitled to consent to such amendment, supplement, 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 120 90 days after such record date unless consent from the consent Holders of the requisite number principal amount of Holders has Securities required hereunder for such amendment or waiver to be effective also shall have been obtainedgiven and not revoked within such 90-day period.

Appears in 13 contracts

Samples: Indenture (Chesapeake Energy Corp), Indenture (Chesapeake Orc LLC), Indenture (Chesapeake Energy Corp)

Revocation and Effect of Consents. Until an amendment, supplement or waiver 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 its Note if the Trustee receives written notice of revocation before the earlier of the date the waiver, supplement or amendment becomes effectiveeffective and the date on which the Trustee receives an Officer’s Certificate from the Issuer certifying that the requisite principal amount of Notes have consented. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. 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. If a record date is fixed, then, notwithstanding the preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only 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 120 days after such record date unless the consent of the requisite number principal amount of Holders Notes has been obtained.

Appears in 11 contracts

Samples: Indenture (Beasley Broadcast Group Inc), Indenture (Beasley Broadcast Group Inc), Indenture (Cumulus Media Inc)

Revocation and Effect of Consents. Until an amendment, supplement or waiver 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 its Note if the Trustee receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. 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. If a record date is fixed, then, notwithstanding the preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only 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 120 days after such record date unless the consent of the requisite number of Holders has been obtained.

Appears in 10 contracts

Samples: Indenture (Amentum Holdings, Inc.), Indenture (Covanta Holding Corp), Indenture (Avantor, Inc.)

Revocation and Effect of Consents. Until (a) After an amendment, supplement supplement, waiver or waiver 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 of a Note 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 its Note if the Trustee receives written notice of revocation before the date the waiveramendment, supplement or amendment waiver becomes effective. An amendment, supplement or waiver becomes effective with respect to the Notes in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent Holder of each affected Holder shall not become effective with respect to any non-consenting Holder. Notes. (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. If a record date is fixed, then, notwithstanding the preceding paragraphclause (a) of this Section 8.03, those Persons who were Holders at such record date (or their duly designated proxies), and only 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 120 180 days after such record date unless the consent of the requisite number of Holders has been obtained.

Appears in 9 contracts

Samples: Indenture (Bread Financial Holdings, Inc.), Indenture (Alliance Data Systems Corp), Indenture (Alliance Data Systems Corp)

Revocation and Effect of Consents. Until an amendment, supplement or waiver 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 its Note if the Trustee receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any Holder of a Note. An amendment or waiver that requires becomes effective once the consent requisite number of each affected Holder shall not become effective with respect to any non-consenting Holderconsents is received by the Issuer or the Trustee. The Issuer may, but shall not be obligated to, fix a record date for determining which Holders of the purpose of determining the Holders entitled to consent to any amendment, supplement, or waiver. If a record date is fixed, then, notwithstanding the preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such Persons, shall be entitled to Notes must consent to such amendment, supplement, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such waiver. If the Issuer fixes a record date. No , the record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent shall be valid or effective for more than 120 days after such record the date unless the consent of the requisite number most recent list of Holders has been obtainedof Notes furnished to the Trustee prior to such solicitation pursuant to Section 2.5 or (ii) such other date as the Issuer shall designate.

Appears in 9 contracts

Samples: Indenture (Fresenius Medical Care AG & Co. KGaA), Indenture (Fresenius Medical Care AG & Co. KGaA), Indenture (Fresenius Medical Care AG & Co. KGaA)

Revocation and Effect of Consents. Until A consent to an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by Security shall bind the Holder of a Note 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, until an amendment, supplement or waiver becomes effective, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note if Security or portion of a Security. For such revocation to be effective, the Trustee receives written must receive the notice of revocation before the date the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holdereffective. 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 amendmentamendment or waiver. If the Company elects to fix a record date for such purpose, supplementthe record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.05, or waiver(ii) such other date as the Company shall designate. If a record date is fixed, then, then notwithstanding the provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such those Persons, shall be entitled to consent to such amendment, supplement, 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 120 90 days after such record date unless consent from the consent Holders of the requisite number principal amount of Holders has Securities required hereunder for such amendment or waiver to be effective also shall have been obtainedgiven and not revoked within such 90-day period.

Appears in 9 contracts

Samples: Indenture (Chesapeake Operating Inc), Indenture (Sap Acquisition LLC), Indenture (Gothic Energy Corp)

Revocation and Effect of Consents. Until an amendment, supplement or waiver 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 its Note if the Trustee receives written notice of revocation before the earlier of the date the waiver, supplement or amendment becomes effectiveeffective and the date on which the Trustee receives an Officer’s Certificate from the Issuer certifying that the requisite principal amount of Notes have consented. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. 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. If a record date is fixed, then, notwithstanding the preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only 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 120 days after such record date unless the consent of the requisite number of Holders has been obtained.

Appears in 8 contracts

Samples: Indenture (FTAI Infrastructure LLC), Indenture (Fortress Transportation & Infrastructure Investors LLC), Indenture (Meredith Corp)

Revocation and Effect of Consents. Until an amendment, supplement or waiver 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 its Note if the Trustee receives written notice of revocation before the date the waiveramendment, supplement or amendment waiver becomes effective. An amendment, supplement or waiver becomes effective on receipt by the Trustee of written consents from the Holders of the requisite percentage in principal amount of the outstanding Notes in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. The Issuer 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, supplement or waiver. If a record date is fixed, then, notwithstanding the last two sentences of the immediately preceding paragraph, those Persons who were Holders of Notes at such record date (or their duly designated proxies), ) and only such Persons, those Persons shall be entitled to consent to such amendment, supplement, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders of such Notes after such record date. No such consent shall be valid or effective for more than 120 90 days after such record date unless the consent of the requisite number of Holders has been obtaineddate.

Appears in 8 contracts

Samples: Indenture (Pg&e National Energy Group Inc), Indenture (Pg&e National Energy Group Inc), Indenture (Pg&e National Energy Group Inc)

Revocation and Effect of Consents. Until an amendment, supplement or waiver 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 its Note if the Trustee receives written notice of revocation before the date the waiveramendment, supplement or amendment waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent Holder of each affected Holder shall not become effective with respect to any non-consenting HolderNotes. The Issuer 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. If a record date is fixed, then, notwithstanding the preceding paragraph, those Persons who were Holders of Notes at such record date (or their duly designated proxies), and only 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 of Notes after such record date. No such consent shall be valid or effective for more than 120 days after such record date unless the consent of the requisite number of Holders of Notes has been obtained.

Appears in 7 contracts

Samples: Indenture (Clear Channel Outdoor Holdings, Inc.), Indenture (Clear Channel Outdoor Holdings, Inc.), Indenture (Clear Channel Outdoor Holdings, Inc.)

Revocation and Effect of Consents. Until an amendment, supplement or waiver 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 its Note if the Trustee receives written notice of revocation before the earlier of the date the waiver, supplement or amendment becomes effectiveeffective and the date on which the Trustee receives an Officers’ Certificate from the Issuer certifying that the requisite principal amount of Notes have consented. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. 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. If a record date is fixed, then, notwithstanding the preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only 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 120 days after such record date unless the consent of the requisite number of Holders has been obtained.

Appears in 7 contracts

Samples: Indenture (FTAI Aviation Ltd.), Indenture (FTAI Aviation Ltd.), Indenture (FTAI Aviation Ltd.)

Revocation and Effect of Consents. Until an amendment, supplement amendment or waiver becomes effective, a consent to it by a Holder of a Note Security is a continuing consent by the Holder of a Note 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 of a Note or subsequent Holder of a Note may revoke the consent as to its Note his Security or portion of a Security if the Trustee receives written the notice of revocation before the date on which the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided Trustee receives an Officer's Certificate certifying that any the Holders of the requisite principal amount of Securities have consented to the amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holderwaiver. 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 a record date is fixed, then, then notwithstanding the provisions of the immediately preceding paragraph, those Persons persons who were Holders at such record date (or their duly designated proxies), and only such Personsthose persons, shall be entitled to consent to such amendment, supplement, 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 120 90 days after such record date unless the consent consents from Holders of the requisite number principal amount of Holders has Securities required hereunder for such amendment or waiver to be effective shall have also been obtainedgiven and not revoked within such 90-day period.

Appears in 6 contracts

Samples: Indenture (Excel Legacy Corp), Indenture (Excel Legacy Corp), Indenture (Excel Legacy Corp)

Revocation and Effect of Consents. Until an amendment, supplement or waiver becomes effective, a consent to it such amendment, supplement or waiver by a Holder of a Note is a continuing consent by Security shall bind the Holder of a Note 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 of a Note or subsequent Holder of a Note may revoke the consent as to its Note his Security or portion of a Security if the Trustee receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holdereffective. The Issuer Company may, but shall not be obligated to, fix set a record date for the purpose of determining the identity of Holders entitled to consent to any amendment, supplement, supplement or waiverwaiver permitted by this Indenture. If a record date is fixed, then, notwithstanding the preceding paragraph, those Persons who were Holders at of Securities of that series outstanding on such record date (or their duly designated proxies)date, and only such Personsno other Holders, shall be entitled to consent to such amendment, supplement, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders remain Holders after such record date. No such consent shall be valid or effective for more than 120 90 days after such record date unless the consent consents from Holders of the requisite number principal amount of Holders has Securities of that series required hereunder for such amendment, supplement or waiver to be effective shall have also been obtainedgiven and not revoked within such 90-day period.

Appears in 6 contracts

Samples: Indenture (Circus Circus Enterprises Inc), Indenture (Circus Circus Enterprises Inc), Indenture (Circus Finance Ii)

Revocation and Effect of Consents. Until an amendment, supplement or waiver 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 its Note if the Trustee receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. An From and after the date an amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds terms, it shall bind every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. 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 waiverbe taken pursuant to this Indenture. If a record date is fixed, then, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such those Persons, shall be entitled to give such consent to such amendment, supplement, or waiver 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 valid or effective for more than 120 days after such record date unless the consent of the requisite number of Holders has been obtaineddate.

Appears in 6 contracts

Samples: Indenture (Everi Holdings Inc.), Indenture (Treasure Chest Casino LLC), Indenture (Boyd Gaming Corp)

Revocation and Effect of Consents. Until an amendment, supplement amendment or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the such 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 its his or her Note or portion of a Note if the Trustee receives written the notice of revocation before the date on which the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided Trustee receives an Officer’s Certificate certifying that any the Holders of the requisite principal amount of Notes have consented to the amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holderwaiver. 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, amendment or waiver. If a record date is fixed, then, then notwithstanding the provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such those Persons, shall be entitled to consent to such amendment, supplement, 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 120 90 days after such record date unless the consent consents from Holders of the requisite number principal amount of Holders has Notes required hereunder for such amendment or waiver to be effective shall have also been obtainedgiven and not revoked within such 90-day period.

Appears in 5 contracts

Samples: Indenture (Cemex Sab De Cv), Indenture (Cemex Sab De Cv), Indenture (Cemex Sab De Cv)

Revocation and Effect of Consents. Until an a modification, amendment, supplement supplement, waiver or waiver other action becomes effective, a consent to it by a Holder of a Senior Note is a continuing consent by the conclusive and binding upon such Holder of a Note and every subsequent Holder of a the same Senior Note or portion thereof, and of a any Senior 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 Senior Note. However, any Any such Holder of a Note or subsequent Holder of a Note Holder, however, may revoke the consent as to its his Senior Note or portion of a Senior Note, if the Trustee receives written the notice of revocation before the date the waivermodification, supplement amendment, supplement, waiver or amendment other action becomes effective. An amendmentNotwithstanding the foregoing, supplement or waiver becomes effective nothing in accordance with its terms and thereafter binds every Holder; provided that this paragraph shall impair the right of any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holderunder TIA Section 316(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 modification, amendment, supplement, or waiver. If a record date is fixed, then, notwithstanding the preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such Persons, shall be entitled to consent to such modification, 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 120 90 days after such record date unless the consent of the requisite number of Holders has been obtained. After a modification, amendment, supplement, waiver or other action becomes effective, it shall bind every Holder and every subsequent Holder.

Appears in 5 contracts

Samples: Indenture (Genesis Health Ventures Inc /Pa), Indenture (Unison Healthcare Corp), Indenture (Genesis Health Ventures Inc /Pa)

Revocation and Effect of Consents. Until an amendment, supplement or waiver 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 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 of a Note or subsequent Holder of a Note may revoke the consent as to its Note his or her Security or portion of a Security if the Trustee receives written notice of revocation before the date the waiveramendment, supplement or amendment waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. The Issuer Company may, but shall not be obligated to, fix a record date (which need not comply with Section 316(c) of the TIA) for the purpose of determining the Holders entitled to consent to any amendment, supplement, supplement or waiverwaiver or to take any other action under this Indenture. If a record date is fixed, then, then notwithstanding the provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such those Persons, shall be entitled to consent to such amendment, supplement, 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 120 90 days after such record date unless the consent consents from Holders of the requisite number principal amount of Holders has Securities required hereunder for such amendment or waiver to be effective shall have also been obtainedgiven and not revoked within such 90-day period.

Appears in 5 contracts

Samples: Indenture (Conoco Inc /De), Indenture (Cabot Oil & Gas Corp), Senior Debt Indenture (Lyondell Trust Iii)

Revocation and Effect of Consents. Subject to this Indenture, each amendment, waiver or instrument evidencing other action shall become effective in accordance with its terms. Until an amendment, supplement waiver or waiver other action becomes effective, a consent to it by a Holder of a Note Security 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 NoteSecurity. However, any Any such Holder of a Note or subsequent Holder of a Note Holder, however, may revoke the consent as to its Note his Security or portion of a Security, if the Trustee receives written the notice of revocation before the date the waiveramendment, supplement waiver or amendment other action becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. The Issuer Trustee 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 a record date is fixed, then, then notwithstanding the provisions of the immediately preceding paragraph, those Persons persons who were Holders at such record date (or their duly designated proxies), ) and only such Personsthose persons, shall be entitled to consent to such amendment, supplement, 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 120 90 days after such record date unless the consent from Holders of the requisite number principal amount of Holders has Securities required hereunder for such amendment or waiver to be effective shall have also been obtainedgiven and not revoked within such 90-day period. After an amendment, waiver or other action becomes effective, pursuant to Section 9.01 or Section 9.02, as the case may be, it shall bind every Securityholder.

Appears in 5 contracts

Samples: Indenture (Sizeler Property Investors Inc), Indenture (Sizeler Property Investors Inc), Indenture (Sizeler Property Investors Inc)

Revocation and Effect of Consents. (a) A consent to an amendment, supplement or waiver by a Holder a Note shall bind the Holder and every subsequent Holder of the Note or portion of the Notes that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on the Note. Until an amendment, supplement or waiver 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 its Note if the Trustee receives written notice of revocation before the date the waiveramendment, supplement or amendment waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting 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 give their consent or take any other action described above or required or permitted to any amendment, supplement, or waiverbe taken pursuant to this Indenture. If a record date is fixed, then, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such those Persons, shall be entitled to give such consent to such amendment, supplement, or waiver 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 valid or effective for more than 120 days after such record date unless the consent of the requisite number of Holders has been obtaineddate.

Appears in 5 contracts

Samples: Indenture (Maxcom Telecommunications Inc), Indenture (Maxcom Telecommunications Inc), Indenture (Maxcom Telecommunications Inc)

Revocation and Effect of Consents. Until A consent to an amendment, a supplement or a waiver 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 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 of a Note or subsequent Holder of a Note may revoke the consent as to its Note Security or portion of a Security if the Trustee receives written notice of revocation before at any time prior to (but not after) the date the waiver, supplement or amendment becomes effective. An Trustee receives an Officer’s Certificate certifying that the Holders of the requisite aggregate principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holderwaiver. 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 waiverwaiver or to take any other action with respect to the Securities under this Indenture. If a record date is fixed, then, then notwithstanding the 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 such those Persons, shall be entitled to consent to such amendment, supplement, 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 120 90 days after such record date unless the consent consents from Holders of the requisite number aggregate principal amount of Holders has the Securities required hereunder for such amendment, supplement or waiver to be effective shall have also been obtainedgiven and not revoked within such 90-day period.

Appears in 5 contracts

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

Revocation and Effect of Consents. Until an amendment, supplement or waiver becomes effective, a consent to it such amendment, supplement or waiver by a Holder of a Note is a continuing consent by Security shall bind the Holder of a Note 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 of a Note or subsequent Holder of a Note may revoke the consent as to its Note his Security or portion of a Security if the Trustee receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holdereffective. The Issuer Company may, but shall not be obligated to, fix set a record date for the purpose of determining the identity of Holders entitled to consent to any amendment, supplement, supplement or waiverwaiver permitted by this Indenture. If a record date is fixed, then, notwithstanding the preceding paragraph, those Persons who were Holders at of Securities of that series outstanding on such record date (or their duly designated proxies)date, and only such Personsno other Holders, shall be entitled to consent to such amendment, supplement, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders remain Holders after such record date. No such consent shall be valid or effective for more than 120 90 days after such record date unless the consent consents from Holders of the requisite number principal amount of Holders has Securities of that series required hereunder for such amendment, supplement or waiver to be effective shall have also been obtainedgiven and not revoked within such 90 day period.

Appears in 5 contracts

Samples: Indenture (Circus Circus Enterprises Inc), Indenture (Circus Circus Enterprises Inc), Indenture (Circus Finance Ii)

Revocation and Effect of Consents. Until an amendment, supplement supplement, waiver or waiver 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 of a Note 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 of a Note or subsequent Holder of a Note Holder, however, may revoke the consent as to its his Note or portion of a Note, if the Trustee receives the written notice of revocation before the date the waiveramendment, supplement supplement, waiver or amendment other action becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. 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. If a record date is fixed, then, notwithstanding the preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only 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 120 days after such record date unless the consent of the requisite number of Holders has been obtained. After an amendment, supplement, waiver or other action becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (9) of Section 8.02. In that case the amendment, supplement, waiver or other action shall bind each Holder who has consented to it and every subsequent Holder or portion of a Note that evidences the same debt as the consenting Holder’s Note.

Appears in 4 contracts

Samples: Indenture (EDGEWELL PERSONAL CARE Co), Indenture (Match Group, Inc.), Indenture (Iac/Interactivecorp)

Revocation and Effect of Consents. Until (a) After an amendment, supplement supplement, waiver or waiver 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 of a Note 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 its Note if the Trustee receives written notice of revocation before the date the waiveramendment, supplement or amendment waiver becomes effective. An amendment, supplement or waiver becomes effective with respect to the Notes in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent Holder of each affected Holder shall not become effective with respect to any non-consenting Holder. Notes. (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. If a record date is fixed, then, notwithstanding the preceding paragraphclause (a) of this Section 8.03, those Persons who were Holders at such record date (or their duly designated proxies), and only 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 120 90 days after such record date unless the consent of the requisite number of Holders has been obtained.

Appears in 4 contracts

Samples: Indenture (CEB Inc.), Indenture (Fti Consulting Inc), Indenture (Valassis Communications Inc)

Revocation and Effect of Consents. Until an amendment, supplement or waiver 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 its Note if the Trustee or an Agent receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder of a Note shall not become effective with respect to any non-consenting HolderHolder pursuant to the penultimate paragraph in Section 9.02 hereof. 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. If a record date is fixed, then, notwithstanding the preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only 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 120 days after such record date unless the consent of the requisite number of Holders has been obtained.

Appears in 4 contracts

Samples: Indenture (PBF Holding Co LLC), Indenture (PBF Energy Co LLC), Indenture (PBF Holding Co LLC)

Revocation and Effect of Consents. Until an amendment, supplement or waiver 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 thereof 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 its Note if the Trustee receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. 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. If a record date is fixed, then, notwithstanding the preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only 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 120 days after such record date unless the consent of the requisite number of Holders has been obtained.

Appears in 3 contracts

Samples: Indenture (New Fortress Energy Inc.), Indenture (New Fortress Energy Inc.), Indenture (New Fortress Energy Inc.)

Revocation and Effect of Consents. Until an amendment, supplement or waiver 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 its Note if the Trustee receives written notice of revocation before the date the waiveramendment, supplement or amendment waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting 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, supplement or waiver. If a record date is fixed, then, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at the close of business on such record date (or their duly designated proxies), and only such those Persons, shall be entitled to consent to such amendment, supplement, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be the Holders after such record date. No such consent After an amendment, supplement or waiver becomes effective, it shall be valid bind every Holder, unless it makes a change described in any of clauses (1) through (10) of Section 9.02 hereof, in which case, the amendment, supplement or effective for more than 120 days after such record date unless 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 consent of same indebtedness as the requisite number of Holders has been obtainedconsenting Holder’s Note.

Appears in 3 contracts

Samples: Indenture, Indenture (Arazi S.a r.l.), Indenture (QGOG Constellation S.A.)

Revocation and Effect of Consents. Until an amendment, supplement or waiver 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 its Note if the Trustee receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. 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. If a record date is fixed, then, notwithstanding the preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only 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 120 days after such record date unless the consent of the requisite number of Holders has been obtained.

Appears in 3 contracts

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

Revocation and Effect of Consents. Until an a modification, amendment, supplement supplement, waiver or waiver other action becomes effective, a consent to it by a Holder of a Senior Note is a continuing consent by the conclusive and binding upon such Holder of a Note and every subsequent Holder of a the same Senior Note or portion thereof, and of a any Senior 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 Senior Note. However, any Any such Holder of a Note or subsequent Holder of a Note Holder, however, may revoke the consent as to its his Senior Note or portion of a Senior Note, if the Trustee receives written the notice of revocation before the date the waivermodification, supplement amendment, supplement, waiver or amendment other action becomes effective. An amendmentNotwithstanding the foregoing, supplement or waiver becomes effective nothing in accordance with its terms and thereafter binds every Holder; provided that this paragraph shall impair the right of any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holderunder TIA Section 316(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 modification, amendment, supplement, or waiver. If a record date is fixed, then, notwithstanding the preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such Persons, shall be entitled to consent to such modification, 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 120 90 days after such record date unless the consent of the requisite number of Holders has been obtained.

Appears in 3 contracts

Samples: Indenture (Mariner Post Acute Network Inc), Indenture (Mariner Post Acute Network Inc), Indenture (Superior Telecommunications Inc)

Revocation and Effect of Consents. Until an amendment, supplement or waiver 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 its Note if the Trustee receives written notice of revocation before the date the waiveramendment, supplement or amendment waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting 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. If a record date is fixed, then, notwithstanding the preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only 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 120 days after such record date unless the consent of the requisite number of Holders has been obtained.

Appears in 3 contracts

Samples: Indenture (Hilton Grand Vacations Inc.), Indenture (Hilton Worldwide Holdings Inc.), Indenture (Hilton Grand Vacations Inc.)

Revocation and Effect of Consents. Until an amendment, supplement supplemental indenture or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the such Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the such 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 of a Note or subsequent Holder of a Note may revoke the consent as to its Note Notes or a portion thereof if the Trustee receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall Holders of the requisite aggregate principal amount of Notes then outstanding has been obtained and not become effective with respect to any non-consenting Holderrevoked. 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 a record date is fixed, then, then notwithstanding the provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such those Persons, shall be entitled to consent to such amendment, supplement, 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 120 90 days after such record date unless the consent consents from Holders of the requisite number principal amount of Holders Notes 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 or waiver becomes effective it shall bind every Holder; provided, however, that in the case of any amendment referred to in clauses (1) through (5) of Section 902 such amendment shall bind each Holder of a Note who has been obtainedconsented to it and every subsequent Holder of a Note that evidences the same debt as the consenting Holder's Note.

Appears in 3 contracts

Samples: Indenture (Iat Multimedia Inc), Indenture (Westbridge Capital Corp), Indenture (Iat Multimedia Inc)

Revocation and Effect of Consents. Until an amendment, supplement or waiver 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 its Note if the Trustee receives written notice of revocation before the date the waiveramendment, supplement or amendment waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. 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 waiverbe taken pursuant to this Indenture. If a record date is fixed, then, then notwithstanding the immediately preceding paragraph, those Persons Persons, who were Holders at such record date (or their duly designated proxies), and only such those Persons, shall be entitled to give such consent to such amendment, supplement, or waiver 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 valid or effective for more than 120 days after such record date unless the consent of the requisite number of Holders has been obtaineddate.

Appears in 3 contracts

Samples: Indenture (Amscan Holdings Inc), Indenture (American Achievement Corp), Indenture (Stanadyne Corp)

Revocation and Effect of Consents. Until an a modification, amendment, supplement supplement, waiver or waiver other action becomes effective, a consent to it by a Holder of a Senior Note is a continuing consent by the conclusive and binding upon such Holder of a Note and every subsequent Holder of a the same Senior Note or portion thereof, and of a any Senior 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 Senior Note. However, any Any such Holder of a Note or subsequent Holder of a Note Holder, however, may revoke the consent as to its his Senior Note or portion of a Senior Note, if the Trustee receives written the notice of revocation before the date the waivermodification, supplement amendment, supplement, waiver or amendment other action becomes effective. An amendmentNotwithstanding the foregoing, supplement or waiver becomes effective nothing in accordance with its terms and thereafter binds every Holder; provided that this paragraph shall impair the right of any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holderunder TIA Section 316(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 modification, amendment, supplement, or waiver. If a record date is fixed, then, notwithstanding the preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such Persons, shall be entitled to consent to such modification, 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 120 90 days after such record date unless the consent of the requisite number of Holders has been obtained. After a modification, amendment, supplement, waiver or other action becomes effective, it shall bind every Holder and every subsequent Holder.

Appears in 2 contracts

Samples: Indenture (Essex Group Inc), Indenture (Superior Telecommunications Inc)

Revocation and Effect of Consents. (a) Until an amendment, supplement or waiver 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 such Note or portion of a such Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any such Note. HoweverSubject to Section 9.04(b), any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note if the Trustee receives written notice of revocation before the date the waiveramendment, supplement or amendment waiver becomes effective. An Once an amendment, supplement or waiver becomes effective in accordance with its terms and terms, it shall thereafter binds bind every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting 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 give their consent or take any other action required or permitted to any amendmentbe taken pursuant to this Indenture, supplement, other than the delivery of instructions by Holders to the Trustee or waiverCollateral Agent. If a record date is fixed, then, then notwithstanding the preceding paragraphSection 9.04(a), those Persons who were Holders at such record date (or their duly designated proxies), and only such those Persons, shall be entitled to give such consent to such amendment, supplement, or waiver 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 120 days after such record date unless the consent of the requisite number of Holders has been obtaineddate.

Appears in 2 contracts

Samples: Indenture (Alon Refining Krotz Springs, Inc.), Indenture (Alon USA Energy, Inc.)

Revocation and Effect of Consents. Until an amendment, supplement or waiver 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 its Note if the Trustee receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting 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. If a record date is fixed, then, notwithstanding the preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only 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 120 days after such record date unless the consent of the requisite number of Holders has been obtained.

Appears in 2 contracts

Samples: Indenture (Toys R Us Inc), Indenture (Toys R Us Inc)

Revocation and Effect of Consents. Until an amendment, supplement amendment or waiver 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 its his or her Note or portion of a Note if the Trustee receives written the notice of revocation before the date on which the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided Trustee receives an Officers’ Certificate certifying that any the Holders of the requisite principal amount of Notes have consented to the amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holderwaiver. 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 a record date is fixed, then, then notwithstanding the provisions of the immediately preceding paragraph, those Persons persons who were Holders at such record date (or their duly designated proxies), and only such Personsthose persons, shall be entitled to consent to such amendment, supplement, 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 120 90 days after such record date unless the consent consents from Holders of the requisite number principal amount of Holders has Notes required hereunder for such amendment or waiver to be effective shall have also been obtainedgiven and not revoked within such 90-day period.

Appears in 2 contracts

Samples: Indenture (Delta Air Lines Inc /De/), Indenture (Delta Air Lines Inc /De/)

Revocation and Effect of Consents. Until an amendment, supplement supplement, waiver or waiver 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 of a Note 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 of a Note or subsequent Holder of a Note Holder, however, may revoke the consent as to its his Note or portion of a Note, if the Trustee receives the written notice of revocation before the date the waiveramendment, supplement supplement, waiver or amendment other action becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting 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. If a record date is fixed, then, notwithstanding the preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only 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 120 days after such record date unless the consent of the requisite number of Holders has been obtainedobtained prior to the expiration of such consent. After an amendment, supplement, waiver or other action becomes effective, it shall bind every Holder, unless it makes a change described in Section 8.02(a)(1) through (10) without the consent of the requisite number of Holders. In that case the amendment, supplement, waiver or other action shall bind each Holder who has consented to it and every subsequent Holder or portion of a Note that evidences the same debt as the consenting Holder’s Note.

Appears in 2 contracts

Samples: Indenture (Trilogy International Partners Inc.), Indenture (Alignvest Acquisition Corp)

Revocation and Effect of Consents. Until an amendment, waiver or supplement or waiver 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. HoweverSubject to the following paragraph, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its his Note if or portion of his Note by notice to the Trustee or the Company received before the date on which the Trustee receives written notice an Officers' Certificate certifying that the Holders of revocation before the date 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 becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment (at which time such amendment, supplement or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holdereffective). 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, supplement or waiver. 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 such 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 120 90 days after such record date unless the consent of the requisite number of Holders has been obtaineddate.

Appears in 2 contracts

Samples: Indenture (Perry-Judds Inc), Indenture (Cambridge Industries Inc /De)

Revocation and Effect of Consents. Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Series B Note is a continuing consent by the Holder of a Series B Note and every subsequent Holder of a Series B Note or portion of a Series B Note that evidences the same debt as the consenting Holder’s Series B Note, even if notation of the consent is not made on any Series B Note. However, any such Holder of a Series B Note or subsequent Holder of a Series B Note may revoke the consent as to its Series B Note if the Trustee receives written notice of revocation before the date the waiveramendment, supplement or amendment waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent Holder of each affected Holder shall not become effective with respect to any non-consenting HolderSeries B Notes. The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders of Series B Notes entitled to consent to any amendment, supplement, or waiver. If a record date is fixed, then, notwithstanding the preceding paragraph, those Persons who were Holders of Series B Notes at such record date (or their duly designated proxies), and only 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 of Series B Notes after such record date. No such consent shall be valid or effective for more than 120 days after such record date unless the consent of the requisite number of Holders of Series B Notes has been obtained.

Appears in 2 contracts

Samples: Indenture (Clear Channel Outdoor Holdings, Inc.), Indenture (Clear Channel Outdoor Holdings, Inc.)

Revocation and Effect of Consents. Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a 2017 A Note is a continuing consent by the Holder of a 2017 A Note and every subsequent Holder of a 2017 A Note or portion of a 2017 A Note that evidences the same debt as the consenting Holder’s 2017 A Note, even if notation of the consent is not made on any 2017 A Note. However, any such Holder of a 2017 A Note or subsequent Holder of a 2017 A Note may revoke the consent as to its 2017 A Note if the Trustee receives written notice of revocation before the date the waiveramendment, supplement or amendment waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. 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. If a record date is fixed, then, notwithstanding the preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only 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 120 days after such record date unless the consent of the requisite number of Holders has been obtained.

Appears in 2 contracts

Samples: Indenture (Clear Channel Communications Inc), Indenture (Clear Channel Outdoor Holdings, Inc.)

Revocation and Effect of Consents. Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Series A Note is a continuing consent by the Holder of a Series A Note and every subsequent Holder of a Series A Note or portion of a Series A Note that evidences the same debt as the consenting Holder’s Series A Note, even if notation of the consent is not made on any Series A Note. However, any such Holder of a Series A Note or subsequent Holder of a Series A Note may revoke the consent as to its Series A Note if the Trustee receives written notice of revocation before the date the waiveramendment, supplement or amendment waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent Holder of each affected Holder shall not become effective with respect to any non-consenting HolderSeries A Notes. The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders of Series A Notes entitled to consent to any amendment, supplement, or waiver. If a record date is fixed, then, notwithstanding the preceding paragraph, those Persons who were Holders of Series A Notes at such record date (or their duly designated proxies), and only 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 of Series A Notes after such record date. No such consent shall be valid or effective for more than 120 days after such record date unless the consent of the requisite number of Holders of Series A Notes has been obtained.

Appears in 2 contracts

Samples: Indenture (Clear Channel Outdoor Holdings, Inc.), Indenture (Clear Channel Outdoor Holdings, Inc.)

Revocation and Effect of Consents. Until an amendment, supplement supplemental indenture or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the such Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the such 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 of a Note or subsequent Holder of a Note may revoke the consent as to its Note Notes or a portion thereof if the Trustee receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall Holders of the requisite aggregate principal amount of Notes then outstanding has been obtained and not become effective with respect to any non-consenting Holderrevoked. The Issuer Company may, but shall not be obligated to, fix a record date pursuant to Section 12.1 for the purpose of determining the Holders entitled to consent to any amendment, supplement, amendment or waiver. If a record date is fixed, then, then notwithstanding the provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such those Persons, shall be entitled to consent to such amendment, supplement, 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 120 90 days after such record date unless the consent consents from Holders of the requisite number principal amount of Holders has Notes required hereunder for such amendment or waiver to be effective shall have also been obtainedgiven and not revoked within such 90-day period.

Appears in 2 contracts

Samples: Purchase Agreement (Kapson Senior Quarters Corp), Indenture (Hybridon Inc)

Revocation and Effect of Consents. Until an amendment, supplement or waiver 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 its Note if the Trustee receives written notice of revocation before the date the waiveramendment, supplement or amendment waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. 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 waiverbe taken pursuant to this Indenture. If a record date is fixed, then, then notwithstanding the immediately preceding paragraph, those Persons Persons, who were Holders at such record date (or their duly designated proxies), and only such those Persons, shall be entitled to give such consent to such amendment, supplement, or waiver 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 valid or effective for more than 120 days after such record date unless the consent of the requisite number of Holders has been obtaineddate.

Appears in 2 contracts

Samples: Indenture (AGY Holding Corp.), Indenture (Bell Powersports, Inc.)

Revocation and Effect of Consents. (a) Until an amendment, supplement or waiver 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 HolderXxxxxx’s Note, even if notation of the consent is not made on any Note. HoweverSubject to Section 9.04(b) hereof, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note if the Trustee receives written notice of revocation before the date the waiveramendment, supplement or amendment waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting 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 give their consent or take any other action required or permitted to any amendmentbe taken pursuant to this Indenture, supplement, other than the delivery of instructions by Holders to the Trustee or waiverCollateral Agent. If a record date is fixed, then, then notwithstanding the preceding paragraphfirst paragraph of this Section 9.04, those Persons who were Holders at such record date (or their duly designated proxies), and only such those Persons, shall be entitled to give such consent to such amendment, supplement, or waiver 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 120 days after such record date unless the consent of the requisite number of Holders has been obtaineddate.

Appears in 2 contracts

Samples: Indenture (CPM Holdings, Inc.), Indenture (CPM Holdings, Inc.)

Revocation and Effect of Consents. Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a 2017 B Note is a continuing consent by the Holder of a 2017 B Note and every subsequent Holder of a 2017 B Note or portion of a 2017 B Note that evidences the same debt as the consenting Holder’s 2017 B Note, even if notation of the consent is not made on any 2017 B Note. However, any such Holder of a 2017 B Note or subsequent Holder of a 2017 B Note may revoke the consent as to its 2017 B Note if the Trustee receives written notice of revocation before the date the waiveramendment, supplement or amendment waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. 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. If a record date is fixed, then, notwithstanding the preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only 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 120 days after such record date unless the consent of the requisite number of Holders has been obtained.

Appears in 2 contracts

Samples: Indenture (CC Media Holdings Inc), Indenture (Clear Channel Outdoor Holdings, Inc.)

Revocation and Effect of Consents. Until an amendment, supplement or waiver 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 its Note if the Trustee receives written notice of revocation before the date the waiveramendment, supplement or amendment waiver becomes effective, subject to the Applicable Procedures of DTC. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting 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. If a record date is fixed, then, notwithstanding the preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only 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 120 days after such record date unless the consent of the requisite number of Holders has been obtained.

Appears in 2 contracts

Samples: Indenture (Summit Materials, Inc.), Indenture (Summit Materials, LLC)

Revocation and Effect of Consents. Until an amendment, supplement or waiver 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 its Note if the Trustee receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting 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, supplement or waiver. If a record date is fixed, then, notwithstanding the preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only 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 120 days after such record date unless the consent of the requisite number of Holders has been obtained.

Appears in 2 contracts

Samples: Indenture (Alta Equipment Group Inc.), Indenture (Alta Equipment Group Inc.)

Revocation and Effect of Consents. Until an amendment, supplement or waiver 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 that Note or portion of a that 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 of a Note or subsequent Holder of a Note may revoke the consent as to its such Holder's Note if or portion of such Note by notice to the Trustee or the Company received before the date on which the Trustee receives written notice an Officers' Certificate certifying that the Holders of revocation before the date 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 becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holderwaiver. 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, supplement or waiver. If a record date is fixed, then, notwithstanding the last sentence of the immediately preceding paragraph, those Persons persons who were Holders of Notes at such record date (or their duly designated proxies), and only such Personsthose persons, shall be entitled to consent to such amendment, supplement, supplement or waiver or to revoke any consent previously given, whether or not such Persons persons continue to be Holders of such Notes after such record date. No such consent shall be valid or effective for more than 120 90 days after such record date unless the consent of the requisite number of Holders has been obtaineddate.

Appears in 1 contract

Samples: Senior Subordinated Indenture (Pasta Group L L C)

Revocation and Effect of Consents. Until an amendment, supplement amendment or waiver 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 its his Note or portion of a Note. Such revocation shall be effective only if the Trustee receives written the notice of revocation before the date the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holdereffective. 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, supplementsupplement or waiver, which record date shall be at least thirty (30) days prior to the first date of solicitation of such consent, or waiverif later, the date of the most recent list of the Holders of the Notes furnished to the Trustee. If a record date is fixed, then, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such Personsthose Persons (or their duly designated proxies), shall be entitled to consent to such amendment, supplement, 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 120 ninety (90) days after such record date unless the consent of the requisite number of Holders has been obtaineddate.

Appears in 1 contract

Samples: Indenture (Krug International Corp)

Revocation and Effect of Consents. Until an amendment, supplement or waiver 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 its Note if the Trustee receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; , provided that any amendment amendment, supplement or waiver that requires the consent of each affected Holder of a Note shall not become effective with respect to any non-consenting Holder. 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. If a record date Record Date is fixed, then, notwithstanding the preceding paragraph, those Persons who were Holders at such record date Record Date (or their duly designated proxies), and only 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 dateRecord Date. No such consent shall be valid or effective for more than 120 days after such record date Record Date unless the consent of the requisite number of Holders has been obtained.

Appears in 1 contract

Samples: Indenture (First Data Corp)

Revocation and Effect of Consents. (a) Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Senior Note is a continuing consent by the Holder of a Senior Note and every subsequent Holder of a Senior Note or portion of a Senior Note that evidences the same debt as the consenting Holder’s 's Senior Note, even if notation of the consent is not made on any Senior Note. However, any such Holder of a Senior Note or subsequent Holder of a Senior Note may revoke the consent as to its Senior Note if the Trustee receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting 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 give their consent or take any other action described above or required or permitted to any amendment, supplement, or waiverbe taken pursuant to this Indenture. If a record date is fixed, then, then notwithstanding the immediately preceding paragraphsubsection, those Persons who were Holders at such record date (or their duly designated proxies), and only such those Persons, shall be entitled to give such consent to such amendment, supplement, or waiver 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 valid or effective for more than 120 days after such record date unless the consent of the requisite number of Holders has been obtaineddate.

Appears in 1 contract

Samples: Indenture (Hvide Marine Inc)

Revocation and Effect of Consents. ‌ (a) Until an amendment, supplement or waiver 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 its Note if the Indenture Trustee receives written notice of revocation before the date the waiveramendment, supplement or amendment waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. . (b) The Issuer may, but shall not be obligated obliged to, fix a record date for the purpose of determining the Holders entitled to give their written consent or take any other action described in this Article 11 or required or permitted to any amendment, supplement, or waiverbe taken pursuant to this Indenture. If a record date is fixed, then, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such those Persons, shall be entitled to give such consent to such amendment, supplement, or waiver 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 valid or effective for more than 120 days after such record date unless the consent of the requisite number of Holders has been obtaineddate.

Appears in 1 contract

Samples: Indenture

Revocation and Effect of Consents. Until an amendment, supplement supplement, waiver or waiver 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 of a Note 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 therefore or in place thereof, even if notation of the consent is not made on any such Note. However, any Any such Holder of a Note or subsequent Holder of a Note Holder, however, may revoke the consent as to its his Note or portion of a Note, if the Trustee receives the written notice of revocation before the date the waiveramendment; supplement, supplement waiver or amendment other action becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. 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. If a record date is fixed, then, notwithstanding the preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only 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 120 days after such record date unless the consent of the requisite number of Holders has been obtained. An amendment, supplement, waiver or other action becomes effective in accordance with its terms and thereafter shall bind every Holder, unless it makes a change described in any of clauses (1) through (9) of Section 8.02(b). In that case the amendment, supplement, waiver or other action shall bind each Holder who has consented to it and every subsequent Holder or portion of a Note that evidences the same debt as the consenting Holder’s Note.

Appears in 1 contract

Samples: Indenture (Ipsco Inc)

Revocation and Effect of Consents. Until an amendment, ---------------------------------- supplement or waiver becomes effective, a consent to it by a Holder of a Note Security is a continuing consent by the Holder of a Note 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 of a Note or subsequent Holder of a Note Security may revoke the consent as to its Note Security if the Trustee receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. An When an amendment, supplement or waiver becomes effective in accordance with its terms and terms, it thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. 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 waiverbe taken pursuant to this Indenture. If a record date is fixed, then, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such those Persons, shall be entitled to give such consent to such amendment, supplement, or waiver 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 valid or effective for more than 120 days after such record date unless the consent of the requisite number of Holders has been obtained.

Appears in 1 contract

Samples: Indenture (Advance Auto Parts Inc)

Revocation and Effect of Consents. (a) Until an amendment, supplement or waiver 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 its Note if the Trustee receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting 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 give their consent or take any other action described above or required or permitted to any amendment, supplement, or waiverbe taken pursuant to this Indenture. If a record date is fixed, then, then notwithstanding the immediately preceding paragraphsubsection, those Persons who were Holders at such record date (or their duly designated proxies), and only such those Persons, shall be entitled to give such consent to such amendment, supplement, or waiver 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 valid or effective for more than 120 days after such record date unless the consent of the requisite number of Holders has been obtaineddate.

Appears in 1 contract

Samples: Indenture (R&b Falcon Corp)

Revocation and Effect of Consents. Until an amendment, supplement or waiver 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 its Note if the Trustee receives written notice of revocation before the date the waiveramendment, supplement or amendment waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. The Issuer Co-Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to any amendment, supplement, or waiverbe taken pursuant to this Indenture. If a record date is fixed, then, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such those Persons, shall be entitled to give such consent to such amendment, supplement, or waiver 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 valid or effective for more than 120 days after such record date unless the consent of the requisite number of Holders has been obtaineddate.

Appears in 1 contract

Samples: Indenture (Six Flags Entertainment Corp)

Revocation and Effect of Consents. (a) Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Secured Note is a continuing consent by the Holder of a Secured Note and every subsequent Holder of a Secured Note or portion of a Secured Note that evidences the same debt as the consenting Holder’s 's Secured Note, even if notation of the consent is not made on any Secured Note. However, any such Holder of a Secured Note or subsequent Holder of a Secured Note may revoke the consent as to its Secured Note if the Trustee receives written notice of revocation before the date the 125 waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. . (b) 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 described above or required or permitted to any amendment, supplement, or waiverbe taken pursuant to this Indenture. If a record date is fixed, then, then notwithstanding the immediately preceding paragraphsubsection, those Persons who were Holders at such record date (or their duly designated proxies), and only such those Persons, shall be entitled to give such consent to such amendment, supplement, or waiver 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 valid or effective for more than 120 days after such record date unless the consent of the requisite number of Holders has been obtaineddate.

Appears in 1 contract

Samples: Indenture (Pride International Inc)

Revocation and Effect of Consents. (a) Until an amendment, supplement or waiver 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. HoweverSubject to Section 9.04(b), any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note if the Trustee receives written notice of revocation before the date the waiveramendment, supplement or amendment waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. . (b) 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 amendmentbe taken pursuant to this Indenture, supplement, other than the delivery of instructions by Holders to the Trustee or waiverCollateral Agent. If a record date is fixed, then, then notwithstanding the preceding paragraphclause (a) of this Section 9.04, those Persons who were Holders at such record date (or their duly designated proxies), and only such those Persons, shall be entitled to give such consent to such amendment, supplement, or waiver 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 valid or effective for more than 120 days after such record date unless the consent of the requisite number of Holders has been obtaineddate.

Appears in 1 contract

Samples: Indenture (Lmi Aerospace Inc)

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Revocation and Effect of Consents. Until an amendment, supplement or waiver 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 its Note if the Trustee receives written notice of revocation before the date the waiveramendment, supplement or amendment waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting 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, supplement or waiver; provided that such record date shall not be more than 15 days prior to the date of determination of such record date. During the continuance of an Event of Default, the Trustee 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; provided that such record date shall not be more than 15 days prior to the date of determination of such record date. If a record date is fixed, then, notwithstanding the preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only 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 120 days after such record date unless the consent of the requisite number of Holders has been obtained.

Appears in 1 contract

Samples: Indenture (American Airlines Inc)

Revocation and Effect of Consents. Until an amendment, supplement or waiver 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 its Note if the Trustee receives written notice of revocation before the earlier of the date the waiver, supplement or amendment becomes effectiveeffective and the date on which the Trustee receives an Officer’s Certificate from the Issuers certifying that the requisite principal amount of Notes have consented. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting 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. If a record date is fixed, then, notwithstanding the preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only 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 120 days after such record date unless the consent of the requisite number of Holders has been obtained.

Appears in 1 contract

Samples: Indenture (CONDUENT Inc)

Revocation and Effect of Consents. Until an amendment, waiver or supplement or waiver 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. HoweverSubject to the following paragraph, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its such Holder's Note if or portion of such Note by notice to the Trustee or the Company received before the date on which the Trustee receives written notice an Officers' Certificate certifying that the Holders of revocation before the date 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 becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment (at which time such amendment, supplement or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holdereffective). 105 -97- The Issuer Company may, but shall not be obligated to, fix a such record date for the purpose of determining the Holders entitled to consent to any amendment, supplement, supplement or waiver. 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 such 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 120 days after such record date unless the consent of the requisite number of Holders has been obtaineddate.

Appears in 1 contract

Samples: Indenture (Railworks Corp)

Revocation and Effect of Consents. (a) A consent to an amendment, supplement or waiver by a Holder a Note shall bind the Holder and every subsequent Holder of the Note or portion of the Notes that evidences the same debt as the consenting Holder's Note, even if notion of the consent or waiver is not made on the Note. Until an amendment, supplement or waiver 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 its Note if the Trustee receives written notice of revocation before the date the waiveramendment, supplement or amendment waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting 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 give their consent or take any other action described above or required or permitted to any amendment, supplement, or waiverbe taken pursuant to this Indenture. If a record date is fixed, then, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such those Persons, shall be entitled to give such consent to such amendment, supplement, or waiver 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 valid or effective for more than 120 days after such record date unless the consent of the requisite number of Holders has been obtaineddate.

Appears in 1 contract

Samples: Indenture (Maxcom Telecommunications Inc)

Revocation and Effect of Consents. (a) Until an amendment, supplement or waiver 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 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 of a Note or subsequent Holder of a Note may revoke the consent as to its Note his Security or portion of a Security. Such revocation shall be effective only if the Trustee receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. effective. (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, supplement or waiver. If a record date is fixed, then, then notwithstanding the preceding paragraphlast two sentences of the subsection (a) above, those Persons who were Holders at on such record date (or their duly designated proxies), and only such those Persons, shall be entitled to consent to such amendment, supplement, 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 120 90 days after such record date date. (c) After an amendment, supplement or waiver becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (i) through (vi) of subsection 11.02 (a) In that case, the consent amendment, supplement or waiver shall bind each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the requisite number of Holders has been obtainedsame debt as the consenting Holder's Security.

Appears in 1 contract

Samples: Indenture (Specialty Chemical Resources Inc)

Revocation and Effect of Consents. (a) Until an amendment, supplement or waiver a supplemental indenture becomes effective, a consent to it by a Holder of a Note Security is a continuing consent by the Holder of a Note 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 of a Note or subsequent Holder of a Note may revoke the consent as to its Note such Holder's Security or portion of a Security if the Trustee receives written notice of revocation before the date the waiver, supplement or amendment supplemental indenture becomes effective. An amendment, supplement or waiver A supplemental indenture becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. . (b) 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, or waiversupplemental indenture. If a record date is fixed, then, then notwithstanding the preceding paragraphprovisions of clause (a) of this Section, those Persons who were Holders at such record date (or their duly designated proxies), and only such those Persons, shall will be entitled to consent to such amendment, supplement, or waiver supplemental indenture 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 120 90 days after such record date unless the consent consents from Holders of the requisite number principal amount of Holders has Securities required hereunder for such supplemental indenture to be effective have also been obtained.given and not revoked within such 90-day period. ARTICLE NINE Covenants

Appears in 1 contract

Samples: Indenture (Tultex Corp)

Revocation and Effect of Consents. Until an amendment, supplement amendment or waiver 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 its his or her Note or portion of a Note if the Trustee receives written the notice of revocation before the date on which the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided Trustee receives an Officer's Certificate certifying that any the Holders of the requisite principal amount of Notes have consented to the amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holderwaiver. 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 a record date is fixed, then, then notwithstanding the provisions of the immediately preceding paragraph, those Persons persons who were Holders at such record date (or their duly designated proxies), and only such Personsthose persons, shall be entitled to consent to such amendment, supplement, 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 120 90 days after such record date unless the consent consents from Holders of the requisite number principal amount of Holders has Notes required hereunder for such amendment or waiver to be effective shall have also been obtainedgiven and not revoked within such 90-day period.

Appears in 1 contract

Samples: Indenture (Vishay Intertechnology Inc)

Revocation and Effect of Consents. Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the such Holder of a Note 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 its Note if the Trustee receives written notice of revocation before the date on which the waiveramendment, supplement or amendment waiver becomes effective. An amendment, supplement or waiver becomes effective upon execution by the Trustee and the other parties thereto in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. 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 described above or required or permitted to any amendment, supplement, or waiverbe taken pursuant to this Indenture. If a record date is fixed, then, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such those Persons, shall be entitled to give such consent to such amendment, supplement, or waiver 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 valid or effective for more than 120 one hundred-twenty (120) days after such record date unless the consent of the requisite number of Holders has been obtaineddate.

Appears in 1 contract

Samples: Indenture (Intl Fcstone Inc.)

Revocation and Effect of Consents. Until A consent to an amendment, supplement amendment or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by shall bind the Holder of a Note and every subsequent Holder of a that Note or portion of a the Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent or waiver is not made on any the Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent or waiver as to its Note or portion thereof if the Trustee receives written the notice of revocation before the date the waiver, supplement amendment or amendment waiver becomes effective. An amendment, supplement After an amendment or waiver becomes effective in accordance with its terms and thereafter binds it shall bind every Holder; provided that any . An amendment or waiver that requires becomes effective upon the consent execution of each affected Holder shall not become effective with respect to any non-consenting Holdersuch amendment or waiver by the Trustee. 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 waiverbe taken pursuant to this Indenture. If a record date is fixed, then, then notwithstanding the immediately preceding paragraph, those Persons persons who were Holders at such record date (or their duly designated proxies), and only such Personsthose persons, shall be entitled to give such consent to such amendment, supplement, or waiver or to revoke any consent previously givengiven or to take any such action, whether or not such Persons persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date unless the consent of the requisite number of Holders has been obtaineddate.

Appears in 1 contract

Samples: Indenture (Superior Energy Services Inc)

Revocation and Effect of Consents. Until an amendment, supplement or waiver 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 its Note if the Trustee receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting 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. If a record date is fixed, then, notwithstanding the preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only 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 120 days after such record date unless the consent of the requisite number of Holders has been obtained.

Appears in 1 contract

Samples: Indenture (Istar Financial Inc)

Revocation and Effect of Consents. Until an amendment, supplement or waiver 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 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 of a Note or subsequent Holder of a Note may revoke the consent as to its Note his or her Security or portion of a Security if the Trustee receives written notice of revocation before the date the waiveramendment, supplement or amendment waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. The Issuer Company may, but shall not be obligated to, fix a record date (which need not comply with TIA (S) 316(c)) for the purpose of determining the Holders entitled to consent to any amendment, supplement, supplement or waiverwaiver or to take any other action under this Indenture. If a record date is fixed, then, then notwithstanding the provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such those Persons, shall be entitled to consent to such amendment, supplement, 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 120 90 days after such record date unless the consent consents from Holders of the requisite number principal amount of Holders has Securities required hereunder for such amendment or waiver to be effective shall have also been obtainedgiven and not revoked within such 90-day period.

Appears in 1 contract

Samples: Indenture (Schlumberger LTD /Nv/)

Revocation and Effect of Consents. (a) Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note Debenture is a continuing consent by the Holder of a Note Debenture 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's Debenture, even if notation of the consent is not made on any NoteDebenture. However, any such Holder of a Note Debenture or subsequent Holder of a Note Debenture may revoke the consent as to its Note Debenture if the Trustee receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting 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 give their consent or take any other action described above or required or permitted to any amendment, supplement, or waiverbe taken pursuant to this Indenture. If a record date is fixed, then, then notwithstanding the immediately preceding paragraphsubsection, those Persons who were Holders at such record date (or their duly designated proxies), and only such those Persons, shall be entitled to give such consent to such amendment, supplement, or waiver 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 valid or effective for more than 120 days after such record date unless the consent of the requisite number of Holders has been obtaineddate.

Appears in 1 contract

Samples: Indenture (R&b Falcon Corp)

Revocation and Effect of Consents. Until an amendment, supplement amendment or waiver 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 its his or her Note or portion of a Note if the Trustee receives written the notice of revocation before the date on which the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided Trustee receives an Officers' Certificate certifying that any the Holders of the requisite principal amount of Notes have consented to the amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holderwaiver. 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 a record date is fixed, then, then notwithstanding the provisions of the immediately preceding paragraph, those Persons persons who were Holders at such record date (or their duly designated proxies), and only such Personsthose persons, shall be entitled to consent to such amendment, supplement, 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 120 90 days after such record date unless the consent consents from Holders of the requisite number principal amount of Holders has Notes required hereunder for such amendment or waiver to be effective shall have also been obtainedgiven and not revoked within such 90-day period.

Appears in 1 contract

Samples: Indenture (Delta Air Lines Inc /De/)

Revocation and Effect of Consents. (a) Until an amendment, supplement or waiver 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. HoweverSubject to Section 9.03(b), any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note if the Trustee receives written notice of revocation before the date the waiveramendment, supplement or amendment waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting 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 give their consent or take any other action required or permitted to any amendmentbe taken pursuant to this Indenture, supplement, other than the delivery of instructions by Holders to the Trustee or waiverCollateral Agent. If a record date is fixed, then, then notwithstanding the preceding paragraphclause (a) of this Section 9.03, those Persons who were Holders at such record date (or their duly designated proxies), and only such those Persons, shall be entitled to give such consent to such amendment, supplement, or waiver 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 valid or effective for more than 120 days after such record date unless the consent of the requisite number of Holders has been obtaineddate.

Appears in 1 contract

Samples: Indenture (GOOD TECHNOLOGY Corp)

Revocation and Effect of Consents. Until an amendment, supplement or waiver 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 its Note if the Trustee receives written notice of revocation before the date the waiveramendment, supplement or amendment waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. 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 described above or required or permitted to any amendment, supplement, or waiverbe taken pursuant to this Indenture. If a record date is fixed, then, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such those Persons, shall be entitled to give such consent to such amendment, supplement, or waiver 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 valid or effective for more than 120 days after such record date unless the consent of the requisite number of Holders has been obtaineddate.

Appears in 1 contract

Samples: Indenture (Six Flags Entertainment Corp)

Revocation and Effect of Consents. Until an amendment, supplement or waiver 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, However any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note if the Trustee receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. 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 to any amendment, supplement, supplement or waiverwaiver or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such those Persons, shall be entitled to give such consent to such amendment, supplement, supplement or waiver 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 valid or effective for more than 120 90 days after such record date unless the consent of the requisite number of Holders has been obtaineddate.

Appears in 1 contract

Samples: Indenture (National Equipment Services Inc)

Revocation and Effect of Consents. Until an amendment, supplement or waiver 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 its Note if the Trustee receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. 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. If a record date is fixed, then, notwithstanding the preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only 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 120 days after such record date unless the consent of the requisite number of Holders has been obtained.

Appears in 1 contract

Samples: Indenture (Norbord Inc.)

Revocation and Effect of Consents. Until an amendment, supplement amendment (which includes any supplement) or waiver 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 Xxxxxx'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 its his or her Note or portion of a Note if the Trustee receives written notice of revocation before the date the waiver, supplement amendment or amendment waiver becomes effective. An amendment, supplement amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting 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 amendmentamendment or waiver. If the Company elects to fix a record date for such purpose, supplementthe record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation, or waiver(ii) such other date as the Company shall designate. If a record date is fixed, then, then notwithstanding the provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such those Persons, shall be entitled to consent to such amendment, supplement, 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 120 90 days after such record date unless the consent consents from Holders of the requisite number principal amount of Holders has Notes required hereunder for such amendment or waiver to be effective shall have also been obtainedgiven and not revoked within such 90-day period.

Appears in 1 contract

Samples: Indenture (Icf Kaiser International Inc)

Revocation and Effect of Consents. Until an amendment, supplement or waiver 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 its Note if the Trustee receives written notice of revocation before the date the waiveramendment, supplement or amendment waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires . As long as the consent of each affected Holder shall Initial Purchasers do not become effective with respect to any non-consenting Holder. The Issuer constitute the Required Holders, the 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. If a record date is fixed, then, notwithstanding the preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such Persons, shall be entitled to consent to such amendment, supplement, 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 120 days after such record date unless the consent of the requisite number of Holders has been obtained.

Appears in 1 contract

Samples: Note Purchase Agreement (Moneygram International Inc)

Revocation and Effect of Consents. Until an amendment, supplement or waiver 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 its Note if the Trustee receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective on receipt by the Trustee of written consents from the Holders of the requisite percentage in principal amount of the outstanding Notes in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. 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, supplement or waiver. If a record date is fixed, then, notwithstanding the last two sentences of the immediately preceding paragraph, those Persons who were Holders of Notes at such record date (or their duly designated proxies), ) and only such Persons, those Persons shall be entitled to consent to such amendment, supplement, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders of such Notes after such record date. No such consent shall be valid or effective for more than 120 90 days after such record date unless the consent of the requisite number of Holders has been obtaineddate.

Appears in 1 contract

Samples: Indenture (Amf Bowling Worldwide Inc)

Revocation and Effect of Consents. (a) Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the such Holder of a Note and every subsequent Holder of a Note that Bond or portion of a Note that Bond that evidences the same debt as the consenting Holder’s Note's Bond (and such consenting Holder shall procure that such consent is a continuing consent by such subsequent Holder), even if notation of the consent is not made on any NoteBond. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note his Bond or portion of a Bond prior to such amendment, supplement or waiver becoming effective. Such revocation shall be effective only if the Trustee receives written the notice of revocation before the date the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. effective. (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, supplement or waiver. If a record date is fixed, then, then notwithstanding the 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 such Personsthose persons, shall be entitled to consent to such amendment, supplement, 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 120 actions taken within 90 days after such record date date. (c) After an amendment, supplement or waiver becomes effective, it shall bind every Holder; unless it makes a change described in any of clauses (i) through (ix) of Section 9.02(a); if it makes such a change, the consent amendment, supplement or waiver shall bind every subsequent Holder of a Bond or portion of a Bond that evidences the requisite number of Holders has been obtainedsame debt as the consenting Holder's Bond (and such consenting Holder shall procure that such subsequent Holder is so bound).

Appears in 1 contract

Samples: Indenture (Global Telesystems Group Inc)

Revocation and Effect of Consents. Until an amendment, supplement supplement, waiver or waiver 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 of a Note 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 of a Note or subsequent Holder of a Note Holder, however, may revoke the consent as to its his Note or portion of a Note, if the Trustee receives written the notice of revocation before the date the waiveramendment, supplement supplement, waiver or amendment other action becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting 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. If a record date is fixed, then, notwithstanding the preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only 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 120 90 days after such record date unless the consent of the requisite number of Holders has been obtained.. After an amendment, supplement, waiver or other action becomes effective, it shall bind every Noteholder, unless

Appears in 1 contract

Samples: Indenture (Muzak Finance Corp)

Revocation and Effect of Consents. Until an amendment, waiver or supplement or waiver 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. HoweverSubject to the following paragraph, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its his Note if or portion of his Note by notice to the Trustee or the Company received before the date on which the Trustee receives written notice an Officers' Certificate certifying that the Holders of revocation before the date 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 becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment (at which time such amendment, supplement or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holdereffective). 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, supplement or waiver. 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 such 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 120 days after such record date unless the consent of the requisite number of Holders has been obtaineddate. After an amendment or waiver becomes effective, it shall bind every Noteholder.

Appears in 1 contract

Samples: Indenture (Universal Hospital Services Inc)

Revocation and Effect of Consents. Until an amendment, supplement or waiver 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 its Note if the Trustee receives written notice of revocation before the date the waiveramendment, supplement or amendment waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent Holder of each affected Holder shall not become effective with respect to any non-consenting HolderNotes. The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders of the Notes entitled to consent to any amendment, supplement, or waiver. If a record date is fixed, then, notwithstanding the preceding paragraph, those Persons who were Holders of the Notes at such record date (or their duly designated proxies), and only 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 of the Notes after such record date. No such consent shall be valid or effective for more than 120 days after such record date unless the consent of the requisite number of Holders of the Notes has been obtained.

Appears in 1 contract

Samples: Indenture (Clear Channel Outdoor Holdings, Inc.)

Revocation and Effect of Consents. Until an amendment, supplement or waiver 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 kYe] \]Zl Yk l`] [gfk]flaf_ Cgd\]jzk Igl]* ]n]f a^ fglYlagf g^ l`] [gfk]fl ak fgl eY\] gf Yfq Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note if the Trustee receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. 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. If a record date is fixed, then, notwithstanding the preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only 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 120 days after such record date unless the consent of the requisite number of Holders has been obtained.

Appears in 1 contract

Samples: Indenture (Intercontinental Exchange, Inc.)

Revocation and Effect of Consents. Until an amendment, supplement or waiver 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 its Note if the Trustee receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting 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, supplement or waiver. 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 such those Persons, shall be entitled to consent to such amendment, supplement, 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 120 90 days after such record date unless except to the consent of extent that the requisite number of Holders consents to the amendment, supplement or waiver have been obtained within such 90-day period or as set forth in the next paragraph of this 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) of Section 9.02 hereof, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has been obtainedconsented to it and every subsequent Holder of a Note or portion of a Note that evidences the same indebtedness as the consenting Holder’s Note.

Appears in 1 contract

Samples: Indenture (Foresight Energy LP)

Revocation and Effect of Consents. Until an amendment, supplement or waiver 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 its Note if the Trustee receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any . An amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holderupon receipt by the Trustee of the requisite number of written consents under Section 10.01 or 10.02 as applicable. 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 give their consent or take any other action described above or required or permitted to any amendment, supplement, or waiverbe taken pursuant to this Indenture. If a record date is fixed, then, then notwithstanding the immediately preceding paragraph, those Persons who were Holders held Notes at such record date (or their duly designated desig nated proxies), and only such those Persons, shall be entitled to give such consent to such amendment, supplement, or waiver 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 valid or effective for more than 120 days after such record date unless the consent of the requisite number of Holders has been obtained.

Appears in 1 contract

Samples: Indenture (Metromedia Fiber Network Inc)

Revocation and Effect of Consents. Until an amendment, supplement or waiver 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 its Note if the Trustee receives written notice of revocation before the earlier of the date the waiver, supplement or amendment becomes effectiveeffective and the date on which the Trustee receives an Officer’s Certificate from the Company certifying that the requisite principal amount of Notes have consented. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting 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. If a record date is fixed, then, notwithstanding the preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only 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 120 days after such record date unless the consent of the requisite number principal amount of Holders Notes has been obtained.

Appears in 1 contract

Samples: Indenture (Service Properties Trust)

Revocation and Effect of Consents. (a) Until an amendment, supplement or waiver 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. HoweverSubject to Section 9.04(b) hereof, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note if the Trustee receives written notice of revocation before the date the waiveramendment, supplement or amendment waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting 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 give their consent or take any other action required or permitted to any amendmentbe taken pursuant to this Indenture, supplement, other than the delivery of instructions by Holders to the Trustee or waiverCollateral Agent. If a record date is fixed, then, then notwithstanding the preceding paragraphfirst paragraph of this Section 9.04, those Persons who were Holders at such record date (or their duly designated proxies), and only such those Persons, shall be entitled to give such consent to such amendment, supplement, or waiver 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 120 days after such record date unless the consent of the requisite number of Holders has been obtaineddate.

Appears in 1 contract

Samples: Indenture (Interhealth Facility Transport, Inc.)

Revocation and Effect of Consents. Until an amendment, supplement or waiver becomes effective, a consent to it an amendment, supplement or waiver by a Holder of a Note Debenture is a continuing consent by the Holder of a Note 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 of a Note or subsequent Holder of a Note Holder, however, may revoke the consent as to its Note his Debenture or portion of a Debenture. Such revocation shall be effective only if the Trustee receives written the notice of revocation before the date the waiveramendment, supplement or amendment waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holderon receipt by the Trustee of written consents from the Holders of the requisite percentage in principal amount of the outstanding 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 waiverindenture supplemental hereto. If a record date is fixed, then, notwithstanding the preceding paragraph, those Persons who were Holders at on such record date (date, or their duly designated proxies), and only such Personspersons, shall be entitled to consent to such amendment, supplement, or waiver or to revoke any consent previously givensupplemental 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 120 days by virtue of the requisite percentage having been obtained prior to the date which is six months after such record date unless the date, any such consent previously given shall automatically and without further action by any Holder be cancelled and of the requisite number of Holders has been obtainedno further effect.

Appears in 1 contract

Samples: Indenture (Intervest Corporation of New York)

Revocation and Effect of Consents. Until an amendment, supplement or waiver 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 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 of a Note or subsequent Holder of a Note may revoke the consent as to its Note his or her Security or portion of a Security if the Trustee receives written notice of revocation before the date the waiveramendment, supplement or amendment waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting 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, supplement or waiverwaiver or to take any other action under this Indenture. If a record date is fixed, then, then notwithstanding the provisions of the immediately preceding paragraph, those Persons who were Holders at such that record date (or their duly designated proxies), and only such those Persons, shall be entitled to consent to such that amendment, supplement, supplement or waiver or to revoke any consent previously given, whether or not such those Persons continue to be Holders after such that record date. No such consent shall be valid or effective for more than 120 90 days after such that record date unless the consent consents from Holders of the requisite number principal amount of Holders has Securities required hereunder for that amendment or waiver to be effective shall have also been obtainedgiven and not revoked within that 90-day period.

Appears in 1 contract

Samples: Indenture (Egl Inc)

Revocation and Effect of Consents. Until an amendment, supplement or waiver 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 Security or portion 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 of a Note or subsequent Holder of a Note may revoke the consent as to its Note his or her Security or portion of a Security if the Trustee receives written notice of revocation before the date the waiveramendment, supplement or amendment waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. The Issuer Company may, but shall not be obligated to, fix a record date (which need not comply with Section 316(c) of the TIA) for the purpose of determining the Holders entitled to consent to any amendment, supplement, supplement or waiverwaiver or to take any other action under this Indenture. If a record date is fixed, then, then notwithstanding the provisions of the immediately preceding paragraph, those Persons who were Holders at such that record date (or their duly designated proxies), and only such those Persons, shall be entitled to consent to such that amendment, supplement, supplement or waiver or to revoke any consent previously given, whether or not such those Persons continue to be Holders after such that record date. No such consent shall be valid or effective for more than 120 90 days after such that record date unless the consent consents from Holders of the requisite number principal amount of Holders has Securities required hereunder for that amendment or waiver to be effective shall have also been obtainedgiven and not revoked within that 90-day period.

Appears in 1 contract

Samples: Subordinated Indenture (Oceaneering International Inc)

Revocation and Effect of Consents. Until an amendment, supplement amendment (which includes any supplement) or waiver 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 its his or her Note or portion of a Note if the Trustee receives written notice of revocation before the date the waiver, supplement amendment or amendment waiver becomes effective. An amendment, supplement amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting 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 amendmentamendment or waiver. If the Company elects to fix a record date for such purpose, supplementthe record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation, or waiver(ii) such other date as the Company shall designate. If a record date is fixed, then, then notwithstanding the provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such those Persons, shall be entitled to consent to such amendment, supplement, 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 120 90 days after such record date unless the consent consents from Holders of the requisite number principal amount of Holders has Notes required hereunder for such amendment or waiver to be effective shall have also been obtainedgiven and not revoked within such 90-day period.

Appears in 1 contract

Samples: Indenture (Systems Applications International Inc)

Revocation and Effect of Consents. (a) Until an amendment, supplement or waiver 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 Xxxxxx'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 its Note if the Trustee receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting 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 give their consent or take any other action described above or required or permitted to any amendment, supplement, or waiverbe taken pursuant to this Indenture. If a record date is fixed, then, then notwithstanding the immediately preceding paragraphsubsection, those Persons who were Holders at such record date (or their duly designated proxies), and only such those Persons, shall be entitled to give such consent to such amendment, supplement, or waiver 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 valid or effective for more than 120 days after such record date unless the consent of the requisite number of Holders has been obtaineddate.

Appears in 1 contract

Samples: Indenture (Harperprints Inc)

Revocation and Effect of Consents. Until an amendment, supplement or waiver 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 its Note if the Trustee receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting 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, supplement or waiver. If a record date is fixed, then, notwithstanding the preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only 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 120 days after such record date unless the consent of the requisite number of Holders has been obtained.

Appears in 1 contract

Samples: Indenture (Baldwin Insurance Group, Inc.)

Revocation and Effect of Consents. Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Senior Note is a continuing consent by the Holder of a Senior Note and every subsequent Holder of a Senior Note or portion of a Senior Note that evidences the same debt as the consenting Holder’s Senior Note, even if notation of the consent is not made on any Senior Note. However, any such Holder of a Senior Note or subsequent Holder of a Senior Note may revoke the consent as to its Senior Note if the Trustee receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. An Except as provided in the last paragraph of Section 9.02 hereof, an amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. 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. If a record date is fixed, then, notwithstanding the preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only 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 120 days after such record date unless the consent of the requisite number of Holders has been obtained.

Appears in 1 contract

Samples: Indenture (Texas Competitive Electric Holdings CO LLC)

Revocation and Effect of Consents. (a) Until an amendment, supplement amendment or waiver 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 its his Note or portion of a Note if the Trustee receives written notice of revocation before the date on which the Trustee receives an Officers' Certificate from the Company certifying that the Holders of the requisite principal amount of Notes have consented to such amendment or waiver, supplement or amendment becomes effective. An amendment, supplement amendment or waiver becomes effective upon receipt by the Trustee of such Officers' Certificate and the written consents from the Holders of the requisite percentage in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent principal amount of each affected Holder shall not become effective with respect to any non-consenting Holder. Notes. (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, amendment or waiver. If a record date is fixed, then, then notwithstanding the preceding paragraphsecond and third sentence of paragraph (a) of this Section 604, those Persons who were Holders at such record date (or their duly designated proxies), and only such those Persons, shall be entitled to consent to such amendment, supplement, 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 120 days after such record date unless the consent of the requisite number of Holders has been obtaineddate. (c) After an amendment or waiver becomes effective, it shall bind every Holder.

Appears in 1 contract

Samples: Indenture (Aztar Corp)

Revocation and Effect of Consents. Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and of 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 its Note if the Trustee receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. An Once an amendment, supplement or waiver becomes effective in accordance with its terms and terms, it thereafter binds every Holder; provided that Holder (including any amendment or waiver that requires the consent beneficial Holder of each affected Holder shall not become effective with respect to any non-consenting Holdera Note). 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. If a record date is fixed, then, notwithstanding the preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only 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 120 days after such record date unless the consent of the requisite number of Holders has been obtained.

Appears in 1 contract

Samples: Indenture (CIFC Corp.)

Revocation and Effect of Consents. (a) Until an amendment, supplement or waiver 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 its Note if the Trustee receives written notice of revocation before the date the waiveramendment, supplement or amendment waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. . (b) The Issuer Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to any amendment, supplement, or waiverbe taken pursuant to this Indenture. If a record date is fixed, then, then notwithstanding the immediately preceding paragraph, those Persons Persons, who were Holders at such record date (or their duly designated proxies), and only such those Persons, shall be entitled to give such consent to such amendment, supplement, or waiver 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 valid or effective for more than 120 days after such record date unless the consent of the requisite number of Holders has been obtaineddate.

Appears in 1 contract

Samples: Indenture (Crown Castle International Corp)

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