Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such Holder and every subsequent Holder of the same Security or portion thereof, and of any Security issued upon the transfer thereof or in exchange therefor or in place thereof, even if notation of the consent is not made on any such Security. Any such Holder or subsequent Holder, however, may revoke the consent as to his Security or portion of a Security, if the Trustee receives the notice of revocation before the date the amendment, supplement, waiver or other action becomes effective. 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, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, notwithstanding the 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. After an amendment, supplement, waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) of Section 8.2. In that case, the amendment, supplement, waiver or other action 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 same debt as the consenting Holder’s Security; PROVIDED, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and interest and premium, if any, on, a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.
Appears in 23 contracts
Samples: Indenture (Nephros Inc), Indenture (Rekor Systems, Inc.), Indenture (Ironwood Pharmaceuticals Inc)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such Holder and every subsequent Holder of the same Security or portion thereof, and of any Security issued upon the transfer thereof or in exchange therefor or in place thereof, even if notation of the consent is not made on any such Security. Any such Holder or subsequent Holder, however, may revoke the consent as to his Security or portion of a Security, if the Trustee receives the notice of revocation before the date the amendment, supplement, waiver or other action becomes effective. 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 supplement, or waiver, waiver which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, notwithstanding the 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, waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date without the applicable amendment, supplement or waiver becoming effective. After an amendment, supplement, waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) of Section 8.28.2 hereof. In that case, case the amendment, supplement, waiver or other action 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 same debt as the consenting Holder’s Security; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, premium (if any, on, ) on a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.
Appears in 12 contracts
Samples: Indenture (Axcelis Technologies Inc), Indenture (Axcelis Technologies Inc), Indenture (Axcelis Technologies Inc)
Revocation and Effect of Consents. Until an amendment, supplement, supplement or waiver or other action becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his or her Security or portion of a Security, Security if the Trustee receives the written notice of revocation before a date and time therefor identified by the Partnership or the Guarantor in a notice furnished to such Holder in accordance with the terms of this Indenture or, if no such date and time shall be identified, the date the amendment, supplement, supplement or waiver or other action becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder. The Company Partnership or the Guarantor may, but shall not be obligated to, fix a record date (which need not comply with TIA Section 316(c)) for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior waiver or to the first solicitation of such consenttake any other action under this Indenture. If a record date is fixed, then, 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 or waiver, waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. After an amendment, supplement, waiver No consent shall be valid or other action becomes effective, it shall bind every Securityholder, effective for more than 90 days after such record date unless it makes a change described in any of clauses (1) through (9) of Section 8.2. In that case, the amendment, supplement, waiver or other action 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 same debt as the consenting Holder’s Security; PROVIDED, that any such waiver shall not impair or affect the right of any Holder to receive payment consents from Holders of the principal of, amount of Securities required hereunder for such amendment or waiver to be effective shall have also been given and interest and premium, if any, on, a Security, on or after the respective due dates expressed in not revoked within such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder90-day period.
Appears in 8 contracts
Samples: Indenture (Martin Operating Partnership L.P.), Indenture (Martin Operating Partnership L.P.), Indenture (Martin Operating Partnership L.P.)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such Holder and every subsequent Holder of the same Security or portion thereof, and of any Security issued upon the transfer thereof or in exchange therefor or in place thereof, even if notation of the consent is not made on any such Security. Any such Holder or subsequent Holder, however, may revoke the consent as to his Security or portion of a Security, if the Trustee receives the notice of revocation before the date the amendment, supplement, waiver or other action becomes effective. 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, which record date shall be at least 30 [ ] days prior to the first solicitation of such consent. If a record date is fixed, then, notwithstanding the 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. After an amendment, supplement, waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) of Section 8.2. In that case, the amendment, supplement, waiver or other action 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 same debt as the consenting Holder’s Security; PROVIDED, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and interest and premium, if any, on, a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.
Appears in 8 contracts
Samples: Indenture (MingZhu Logistics Holdings LTD), Indenture (AnPac Bio-Medical Science Co., Ltd.), Indenture (Akers Biosciences, Inc.)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effectiveeffective with respect to any Security of any series, a consent to it by a Holder of a Security that series is a continuing consent conclusive and binding upon by such Holder and every subsequent Holder of the same such Security or portion thereof, and of any such Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder’s Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his such Security or portion of a Security, such Security by written notice to the Company or the Person designated by the Company as the Person to whom consents should be sent if such revocation is received by the Company or such Person before the date on which the Trustee receives an Officers’ Certificate certifying that the notice Holders of revocation before the date requisite principal amount of the Outstanding Securities affected have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. 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, which record date shall be at least 30 days prior to the first solicitation date so fixed by the Company notwithstanding the provisions of such consentthe TIA. If a record date is fixed, then, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date date, and only those Persons (or their duly designated proxies), and only 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. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every SecurityholderHolder of the Security of the affected series, unless it makes a change described in any of clauses (1) through (95) of Section 8.2. In that 11.2 hereof, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security of that series who has consented to it and every subsequent Holder of a such Security or portion of a such Security that evidences the same debt as the consenting Holder’s Security; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder of that series to receive payment of the principal of, and premium of and interest and premium, if any, on, a on such Security, on or after the respective dates set for such amounts to become due dates and payable expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holderdates.
Appears in 7 contracts
Samples: Indenture (Mohawk Industries Inc), Indenture (Sally Investment Holdings LLC), Indenture (Sally Investment Holdings LLC)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Company received before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. 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, waiver which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only 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 90 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) of Section 8.2. In that 9.02, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDED, provided that any such waiver -------- shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, if any, on, on a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.
Appears in 5 contracts
Samples: Indenture (Alliance Imaging of Michigan Inc), Indenture (Building One Services Corp), Indenture (Building One Services Corp)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if the his Security by notice to Trustee receives the notice of revocation or Issuer received before the date on which Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplementsupplement or waiver. Notwithstanding the above, waiver or other action becomes effectivenothing in this paragraph shall impair the right of any holder under Section 316(b) of the TIA. The Company may, but Issuer shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If When a record date is fixed, then, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons persons who were Holders at such record date (or their duly designated proxies), and only such Personsthose persons, shall be entitled to consent to such amendment, supplement or waiver, or to revoke any consent previously given, whether or not such Persons persons continue to be Holders after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every SecurityholderHolder, unless it makes a change described in any of clauses (1) through (9) 8) of Section 8.2. In that 7.2, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, if any, on, on a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.
Appears in 4 contracts
Samples: Indenture (Scott Cable Communications Inc), Indenture (Scott Cable Communications Inc), Indenture (Scott Cable Communications Inc)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any Subject to the following paragraph, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Company received before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplementsupplement or waiver (at which time such amendment, supplement or waiver or other action becomes shall become effective). 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, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only 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. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (96) of Section 8.2. In that 9.02, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, if any, on, on a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.
Appears in 4 contracts
Samples: Indenture (Chancellor Media Mw Sign Corp), Indenture (Chancellor Media Mw Sign Corp), Indenture (Ackerley Group Inc)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Securityhis Security by written notice to the Company, the Trustee or the Person designated by the Company as the Person to whom consents should be sent if such revocation is received by the Company or such Person before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. 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, which record date shall be at least 30 days prior to the first solicitation date so fixed by the Company notwithstanding the provisions of such consentthe TIA. If a record date is fixed, then, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date date, and only those Persons (or their duly designated proxies), and only 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. After No such consent shall be valid or effective for more than 90 days after such record date. Notwithstanding the preceding paragraph, after an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every SecurityholderHolder, unless it makes a change described in any of clauses (1) through (94) of Section 8.2. In that 9.2, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s Security; PROVIDED, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and interest and premium, if any, on, a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the 's Security unless consent of such Holderall Holders has been obtained pursuant to clauses (1) through (4) of Section 9.2.
Appears in 4 contracts
Samples: Indenture (Antec Corp), Indenture (Antec Corp), Indenture (Arris Group Inc)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Company received before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. 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, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only 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 90 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (910) of Section 8.2. In that 9.02, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, if any, on, on a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.
Appears in 3 contracts
Samples: Indenture (Arcon Coating Mills Inc), Indenture (Vs Holdings Inc), Indenture (Unifrax Investment Corp)
Revocation and Effect of Consents. Until an amendment, supplement, supplement or waiver or other action becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his or her Security or portion of a Security, Security if the Trustee receives the written notice of revocation before a date and time therefor identified by the Company or any Guarantor in a notice to such Holder in accordance with the terms of this Indenture or, if no such date and time shall be identified, the date the amendment, supplement, supplement or waiver or other action becomes effective. An amendment, supplement or waiver that becomes effective with respect to a Series of Securities shall thereafter be conclusive and binding on all holders of Securities of such Series in accordance with its terms. The Company may, but shall not be obligated to, fix a record date (which need not comply with TIA Section 316(c)) for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior waiver or to the first solicitation of such consenttake any other action under this Indenture. If a record date is fixed, then, 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 or waiver, waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. After an amendment, supplement, waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) of Section 8.2. In that case, the amendment, supplement, waiver or other action 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 same debt as the consenting Holder’s Security; PROVIDED, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and interest and premium, if any, on, a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.
Appears in 3 contracts
Samples: Indenture (Petroleum Geo Services Asa), Indenture (Petroleum Geo Services Asa), Indenture (Petroleum Geo Services Asa)
Revocation and Effect of Consents. Until an amendment, supplement, supplement or waiver or other action becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same Security or portion thereof, and of any Security issued upon the transfer thereof or in exchange therefor or in place thereof, even if notation of the consent is not made on any such Security. Any such Holder or subsequent Holder, however, may revoke the consent as to his Security or portion of a Security, if the Trustee receives the notice of revocation before the date the amendment, supplement, waiver or other action becomes effective. 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, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, notwithstanding the 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. After an amendment, supplement, waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) of Section 8.2. In that case, the amendment, supplement, waiver or other action 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 same debt as the consenting Holder’s Security; PROVIDED, that even if notation of the consent is not made on any Security. However, any such Holder or subsequent Holder may revoke the consent as to his or her Security or portion of a Security if the Trustee receives written notice of revocation before a date and time therefor identified by the Company or any Subsidiary Guarantor in a notice furnished to such Holder in accordance with the terms of this Indenture or, if no such date and time shall be identified, the date the amendment, supplement or waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder. The Company or any Subsidiary Guarantor may, but shall not impair be obligated to, fix a record date (which need not comply with TIA § 316(c)) for the purpose of determining the Holders entitled to consent to any amendment, supplement or affect waiver or to take any other action under this Indenture. If a record date is fixed, then notwithstanding the right provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any Holder consent previously given, whether or not such Persons continue to receive payment be Holders after such record date. No consent shall be valid or effective for more than 90 days after such record date unless consents from Holders of the principal ofamount of Securities required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it is of the type described in any of clauses (1) through (10) of Section 9.02 hereof. In such case, the amendment, supplement or waiver shall bind each Holder who has consented to it and interest and premium, if any, on, a every subsequent Holder that evidences the same debt as the consenting Holder’s Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.
Appears in 3 contracts
Samples: Indenture (Patterson Uti Energy Inc), Indenture (Patterson Uti Energy Inc), Indenture (Patterson Uti Energy Inc)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, his Security by written notice to the Company or the Person designated by the Company as the Person to whom consents should be sent if such revocation is received by the Company or such Person before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. 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, which record date shall be at least 30 days prior to the first solicitation date so fixed by the Company notwithstanding the provisions of such consentthe TIA. If a record date is fixed, then, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date date, and only those Persons (or their duly designated proxies), and only such Persons, shall be entitled to consent to such amendment, supplement or waiver, or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effectiveeffective pursuant to this Section 9.4, it shall bind every SecurityholderSecurity Holder, unless it makes a change described in any of clauses (1) through (94) of Section 8.2. In that 9.2, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDED, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and interest and premium, if any, on, a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.
Appears in 3 contracts
Samples: Indenture (Platinum Technology Inc), Indenture (Platinum Technology Inc), Indenture (Platinum Technology Inc)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, his Security by written notice to the Company or the Person designated by the Company as the Person to whom consents should be sent if such revocation is received by the Company or such Person before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. 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, which record date shall be at least 30 days prior to the first solicitation date so fixed by the Company notwithstanding the provisions of such consentthe TIA. If a record date is fixed, then, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date date, and only those Persons (or their duly designated proxies), and only such Persons, shall be entitled to consent to such amendment, supplement or waiver, or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) 8) of Section 8.2. In that 9.2, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and premium of and interest and premium, if any, on, on a Security, on or after the respective dates set for such amounts to become due dates and payable expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holderdates.
Appears in 3 contracts
Samples: Indenture (Pricellular Corp), Indenture (Pricellular Wireless Corp), Indenture (American Cellular Corp /De/)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, his Security by written notice to the Company or the Person designated by the Company as the Person to whom consents should be sent if such revocation is received by the Company or such Person before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. 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, which record date shall be at least 30 days prior to the first solicitation date so fixed by the Company notwithstanding the provisions of such consentthe TIA. If a record date is fixed, then, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date date, and only those Persons (or their duly designated proxies), and only such Persons, shall be entitled to consent to such amendment, supplement or waiver, or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) of Section 8.2. In that 9.2, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDEDprovided, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and premium of and interest and premium, if any, on, on a Security, on or after the respective dates set for such amounts to become due dates and payable expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holderdates.
Appears in 3 contracts
Samples: Indenture (HMH Properties Inc), Indenture (HMH Properties Inc), Indenture (HMH Properties Inc)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Company received before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. 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, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons 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 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 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (910) of Section 8.2. In that 9.02, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDED, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and interest and premium, if any, on, a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.
Appears in 3 contracts
Samples: Indenture (Packaged Ice Inc), Indenture (Call Points Inc), Indenture (Packaged Ice Inc)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, his Security by written notice to the Company or the person designated by the Company as the person to whom consents should be sent if such revocation is received by the Company or such person before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. 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, which record date shall be at least 30 days prior to the first solicitation date so fixed by the Company notwithstanding the provisions of such consentthe TIA. If a record date is fixed, then, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons persons who were Holders at such record date date, and only those persons (or their duly designated proxies), and only 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 persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) of Section 8.2. In that 10.2, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same (or a portion of the same) debt as the consenting Holder’s Security's Security with respect to which a consent was given; PROVIDEDprovided, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and interest and premium, if any, on, Contingent Payments on a Security, on or after the respective dates set for such amounts to become due dates and payable expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holderdates.
Appears in 3 contracts
Samples: Indenture (Jazz Casino Co LLC), Indenture (Jazz Casino Co LLC), Indenture (Jazz Casino Co LLC)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Issuers received before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The Company Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, 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 90 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1i) through (9x) of Section 8.2. In that 9.02, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDED, PROVIDED that any such waiver shall not impair or affect the right of any Holder to receive payment of the Accreted Value or principal of, of and interest and premium, if any, on, on a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.
Appears in 3 contracts
Samples: Indenture (Acme Television LLC), Indenture (Acme Intermediate Holdings LLC), Indenture (Acme Intermediate Holdings LLC)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such Holder and every subsequent Holder of the same Security or portion thereof, and of any Security issued upon the transfer thereof or in exchange therefor or in place thereof, even if notation of the consent is not made on any such Security. Any such Holder or subsequent Holder, however, may revoke the consent as to his Security or portion of a Security, if the Trustee receives the notice of revocation before the date the amendment, supplement, waiver or other action becomes effective. 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 supplement, or waiver, waiver which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, notwithstanding the 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, waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. After an amendment, supplement, waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) of Section 8.28.2 hereof. In that case, case the amendment, supplement, waiver or other action 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 same debt as the consenting Holder’s Security; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, premium (if any, on, ) on a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.
Appears in 3 contracts
Samples: Subordinated Indenture (Cytomedix Inc), Indenture (Cytomedix Inc), Indenture (Us Dataworks Inc)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Company received before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. 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, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only 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 90 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) of Section 8.2. In that 9.02, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDED, provided that any such waiver -------- shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, if any, on, on a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.
Appears in 3 contracts
Samples: Indenture (Ametek Inc/), Indenture (Stoneridge Inc), Indenture (MTL Inc)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Issuer received before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount at maturity of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The Company Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, 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 90 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1i) through (9vii) of Section 8.2. In that 9.2, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDED, PROVIDED that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and interest and premium, if any, on, and interest on a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.
Appears in 2 contracts
Samples: Indenture (Salt Holdings Corp), Indenture (Salt Holdings Corp)
Revocation and Effect of Consents. Until an amendment, supplement, supplement or waiver or other action becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon by such Holder and every subsequent Holder of all or part of the same Security or portion thereof, and of any Security issued upon the transfer thereof or in exchange therefor or in place thereofrelated Note, even if notation of the consent is not made on any such SecurityNote. Any Subject to the following paragraph of this Section 904, any such Holder or subsequent Holder, however, Holder may revoke the such consent as to his Security its Note by written notice to the Trustee or portion of a Securitythe Company, if received thereby before the date on which the Trustee receives an Officer’s Certificate from the notice Company certifying that the Holders of revocation before the date the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to such amendment, supplement, waiver supplement or other action becomes effectivewaiver. 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, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, notwithstanding the 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 datewaiver as set forth in Section 108. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every SecurityholderHolder of Notes, unless it makes a change described in any of clauses (1i) through (9viii) of the second paragraph of Section 8.2902. In that case, the amendment, supplement, supplement or waiver or other action shall bind each Holder of a Security Note who has consented to it and every subsequent Holder of a Security such Note or portion of a Security any Note that evidences all or any part of the same debt as the consenting Holder’s Security; PROVIDEDNote. For the avoidance of doubt, that no amendment to, or deletion of any of the covenants described under Sections 405, 407, 409 through 414 and Article V, or action taken in compliance therewith in effect at the time of such waiver action, shall not impair or affect be deemed to amend the right of any Holder to receive bring suit for the payment of the principal ofprincipal, and interest and premium, if any, on, a Security, and interest on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holderits Notes.
Appears in 2 contracts
Samples: Indenture (Frontdoor, Inc.), Indenture (Servicemaster Global Holdings Inc)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such Holder and every subsequent Holder of the same Security or portion thereof, and of any Security issued upon the transfer thereof or in exchange therefor or in place thereof, even if notation of the consent is not made on any such Security. Any such Holder or subsequent Holder, however, may revoke the consent as to his Security or portion of a Security, if the Trustee receives the notice of revocation before the date the amendment, supplement, waiver or other action becomes effective. 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 supplement, or waiver, waiver which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, notwithstanding the 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, waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date without the applicable amendment, supplement or waiver becoming effective. After an amendment, supplement, waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) of Section 8.28.2 hereof. In that case, case the amendment, supplement, waiver or other action 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 same debt as the consenting Holder’s 's Security; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, premium (if any, on, ) on a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.
Appears in 2 contracts
Samples: Indenture (Moog Inc), Indenture (Dyax Corp)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder’s Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Issuers received before the date on which the Trustee receives an Officers’ Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The Company Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, 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 90 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1i) through (9vii) of Section 8.2. In that 9.2, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s Security; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and interest and premium, if any, on, and interest on a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.
Appears in 2 contracts
Samples: Indenture (Quality Distribution Inc), Indenture (Quality Distribution Inc)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by written notice to the Company or the person designated by the Company as the person to whom consents should be sent received before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. 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, which record date shall be at least 30 days prior to the first solicitation date so fixed by the Company notwithstanding the provisions of such consentthe TIA. If a record date is fixed, then, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons persons who were Holders at such record date date, and only those persons (or their duly designated proxies), and only 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 persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) of Section 8.2. In that 9.2, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDED, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and premium of and interest and premium, if any, on, on a Security, on or after the respective dates set for such amounts to become due dates and payable expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holderdates.
Appears in 2 contracts
Samples: Indenture (World Color Press Inc /De/), Indenture (World Color Press Inc /De/)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such Holder and every subsequent Holder of the same Security or portion thereof, and of any Security issued upon the transfer thereof or in exchange therefor or in place thereof, even if notation of the consent is not made on any such Security. Any such Holder or subsequent Holder, however, may revoke the consent as to his Security or portion of a Security, if the Trustee receives the notice of revocation before the date the amendment, supplement, waiver or other action becomes effective. 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 supplement, or waiver, waiver which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, notwithstanding the 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, waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. After an amendment, supplement, waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) 8) of Section 8.28.2(a) hereof. In that case, case the amendment, supplement, waiver or other action 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 same debt as the consenting Holder’s Security; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, premium (if any, on, ) on a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.
Appears in 2 contracts
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such Holder and every subsequent Holder of the same Security or portion thereof, and of any Security issued upon the transfer thereof or in exchange therefor or in place thereof, even if notation of the consent is not made on any such Security. Any such Holder or subsequent Holder, however, may revoke the consent as to his Security or portion of a Security, if the Trustee receives the notice of revocation before the date the amendment, supplement, waiver or other action becomes effective. 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 supplement, or waiver, waiver which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, notwithstanding the 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, waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. After an amendment, supplement, waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) of Section 8.28.2 hereof. In that case, case the amendment, supplement, waiver or other action 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 same debt as the consenting Holder’s Security; PROVIDED, PROVIDED that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, premium (if any, on, ) on a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.
Appears in 2 contracts
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effectiveeffective with respect to any Security of any series, a consent to it by a Holder of a Security that series is a continuing consent conclusive and binding upon by such Holder and every subsequent Holder of the same such Security or portion thereof, and of any such Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder’s Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his such Security or portion of a Security, such Security by written notice to the Company or the Person designated by the Company as the Person to whom consents should be sent if such revocation is received by the Company or such Person before the date on which the Trustee receives an Officers’ Certificate certifying that the notice Holders of revocation before the date requisite principal amount of the Outstanding Securities affected have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. 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, which record date shall be at least 30 days prior to the first solicitation date so fixed by the Company notwithstanding the provisions of such consentthe TIA. If a record date is fixed, then, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date date, and only those Persons (or their duly designated proxies), and only 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. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every SecurityholderHolder of the Security of the affected series, unless it makes a change described in any of clauses (1) through (96) of Section 8.2. In that 11.2 hereof, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security of that series who has consented to it and every subsequent Holder of a such Security or portion of a such Security that evidences the same debt as the consenting Holder’s Security; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder of that series to receive payment of the principal of, and premium of and interest and premium, if any, on, a on such Security, on or after the respective dates set for such amounts to become due dates and payable expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holderdates.
Appears in 2 contracts
Samples: Subordinated Indenture (Cross Equipment Company, Inc.), Senior Indenture (Cross Equipment Company, Inc.)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder’s Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by written notice to the Trustee or the Company received before the date on which the Trustee receives an Officers’ Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. 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, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only 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 90 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) of Section 8.2. In that 9.02, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s Security; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, if any, on, on a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.
Appears in 2 contracts
Revocation and Effect of Consents. Until an amendment, restatement, supplement, waiver or other action becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such Holder and every subsequent Holder of the same Security or portion thereof, and of any Security issued upon the transfer thereof or in exchange therefor or in place thereof, even if notation of the consent is not made on any such Security. Any such Holder or subsequent Holder, however, may revoke the consent as to his Security or portion of a Security, if the Trustee receives the notice of revocation before the date the amendment, restatement, supplement, waiver or other action becomes effective. 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, restatement, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, notwithstanding the 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, restatement, supplement or waiver, or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. After an amendment, restatement, supplement, waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) of Section 8.2. In that case, the amendment, restatement, supplement, waiver or other action 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 same debt as the consenting Holder’s Security; PROVIDED, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and interest and premium, if any, on, a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.
Appears in 2 contracts
Revocation and Effect of Consents. Until an amendment, supplement, supplement or waiver or other action becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Securityhis Security by written notice to the Company, the Trustee or the Person designated by the Company as the Person to whom consents should be sent if such revocation is received by the Company or such Person before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. 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, which record date shall be at least 30 days prior to the first solicitation date so fixed by the Company notwithstanding the provisions of such consentthe TIA. If a record date is fixed, then, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date date, and only those Persons (or their duly designated proxies), and only 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. After Notwithstanding the preceding paragraph, after an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every SecurityholderHolder, unless it makes a change described in any of clauses (1) through (94) of Section 8.2. In that 9.2, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s Security; PROVIDED, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and interest and premium, if any, on, a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the 's Security unless consent of such Holderall Holders has been obtained pursuant to clauses (1) through (4) of Section 9.2.
Appears in 2 contracts
Samples: Indenture (General Semiconductor Inc), Indenture (Total Renal Care Holdings Inc)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such Holder and every subsequent Holder of the same Security or portion thereof, and of any Security issued upon the transfer thereof or in exchange therefor or in place thereof, even if notation of the consent is not made on any such Security. Any such Holder or subsequent Holder, however, may revoke the consent as to his Security or portion of a Security, if the Trustee receives the notice of revocation before the date the amendment, supplement, waiver or other action becomes effective. 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, which record date shall be at least 30 15 days prior to the first solicitation of such consent. 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. After an amendment, supplement, waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) of Section 8.2. In that case, the amendment, supplement, waiver or other action 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 same debt as the consenting Holder’s Security; PROVIDED, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and interest and premium, if any, on, a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.
Appears in 2 contracts
Samples: Indenture (Ocugen, Inc.), Indenture (Collegium Pharmaceutical, Inc)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Company received before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. 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, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only 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 90 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (911) of Section 8.2. In that 9.02, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, if any, on, on a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.
Appears in 2 contracts
Samples: Indenture (Tenneco Automotive Inc), Indenture (Tenneco Automotive Inc)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effectiveeffective with respect to any Security of any series, a consent to it by a Holder of a Security that series is a continuing consent conclusive and binding upon by such Holder and every subsequent Holder of the same such Security or portion thereof, and of any such Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder’s Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his such Security or portion of a Security, such Security by written notice to the Company or the Person designated by the Company as the Person to whom consents should be sent if such revocation is received by the Company or such Person before the date on which the Trustee receives an Officers’ Certificate certifying that the notice Holders of revocation before the date requisite principal amount of the Outstanding Securities affected have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. 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, which record date shall be at least 30 days prior to the first solicitation date so fixed by the Company notwithstanding the provisions of such consentthe TIA. If a record date is fixed, then, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date date, and only those Persons (or their duly designated proxies), and only 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. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every SecurityholderHolder of the Security of the affected series, unless it makes a change described in any of clauses (1) through (95) of Section 8.2. In that 13.2 hereof, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security of that series who has consented to it and every subsequent Holder of a such Security or portion of a such Security that evidences the same debt as the consenting Holder’s Security; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder of that series to receive payment of the principal of, and premium of and interest and premium, if any, on, a on such Security, on or after the respective dates set for such amounts to become due dates and payable expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holderdates.
Appears in 2 contracts
Samples: Senior Subordinated Indenture (Mohawk Capital Luxembourg SA), Senior Subordinated Indenture (Mohawk Capital Luxembourg SA)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Company received before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. 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, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only 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 90 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) of Section 8.2. In that 9.02, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDED, PROVIDED that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, if any, on, on a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.
Appears in 2 contracts
Samples: Indenture (Avado Brands Inc), Indenture (Fibermark Office Products LLC)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of such Security affected or portion of such Security affected that evidences the same Security or portion thereof, and of any Security issued upon debt as the transfer thereof or in exchange therefor or in place thereofconsenting Holder’s Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security of any series or portion of a Security, if his Security of any series by notice to the Trustee or Casella received before the date on which the Trustee receives an Officer’s Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities of such series have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The Company Casella may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, waiver which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, 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 90 days after such record date. Casella shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every SecurityholderSecurity Holder of each series affected, unless it makes a change described in any of clauses (1) through (910) of Section 8.2. In that 9.02(b), in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s Security; PROVIDED, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and interest and premium, if any, on, a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.
Appears in 2 contracts
Samples: Senior Indenture (Total Waste Management Corp.), Subordinated Indenture (Total Waste Management Corp.)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, his Security by written notice to the Company or the Person designated by the Company as the Person to whom consents should be sent if such revocation is received by the Company or such Person before the date on which the Trustee receives an Officer's Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. 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, which record date shall be at least 30 days prior to the first solicitation date so fixed by the Company notwithstanding the provisions of such consentthe TIA. If a record date is fixed, then, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date date, and only those Persons (or their duly designated proxies), and only such Persons, shall be entitled to consent to such amendment, supplement or waiver, or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every SecurityholderHolder, unless it makes a change described in any of clauses (1a) through (9h) of Section 8.2. In that 9.2, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same (or a portion of the same) debt as the consenting Holder’s Security's Security with respect to which a consent was given; PROVIDEDprovided, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and premium of and interest and premium, if any, on, on a Security, on or after the respective dates set for such amounts to become due dates and payable expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holderdates.
Appears in 2 contracts
Samples: Indenture (Jazz Casino Co LLC), Indenture (Jazz Casino Co LLC)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his or her Security or portion of a Security, if his or her Security by notice to the Trustee or the Company received before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. 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, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons 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 or waiver, or to revoke any consent previously given, whether or not such Persons persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every SecurityholderHolder, unless it makes a change described in any of clauses (1) through (9) of Section 8.2. In that 10.2, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDEDprovided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, if any, on, on a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.
Appears in 2 contracts
Samples: Indenture (Color Spot Nurseries Inc), Indenture (Color Spot Nurseries Inc)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effectiveeffective with respect to any Security of any series, a consent to it by a Holder of a Security that series is a continuing consent conclusive and binding upon by such Holder and every subsequent Holder of the same such Security or portion thereof, and of any such Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder’s Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his such Security or portion of a Security, such Security by written notice to the Company or the Person designated by the Company as the Person to whom consents should be sent if such revocation is received by the Company or such Person before the date on which the Trustee receives an Officers’ Certificate certifying that the notice Holders of revocation before the date requisite principal amount of the Outstanding Securities affected have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. 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, which record date shall be at least 30 days prior to the first solicitation date so fixed by the Company notwithstanding the provisions of such consentthe TIA. If a record date is fixed, then, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date date, and only those Persons (or their duly designated proxies), and only 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. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every SecurityholderHolder of the Security of the affected series, unless it makes a change described in any of clauses (1) through (95) of Section 8.2. In that 12.2 hereof, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security of that series who has consented to it and every subsequent Holder of a such Security or portion of a such Security that evidences the same debt as the consenting Holder’s Security; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder of that series to receive payment of the principal of, and premium of and interest and premium, if any, on, a on such Security, on or after the respective dates set for such amounts to become due dates and payable expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holderdates.
Appears in 2 contracts
Samples: Senior Indenture (Mohawk Capital Luxembourg SA), Senior Indenture (Mohawk Capital Luxembourg SA)
Revocation and Effect of Consents. Until an amendment, supplement, supplement or waiver or other action becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his or her Security or portion of a Security, Security if the Trustee receives the written notice of revocation before a date and time therefor identified by the Partnership or any Subsidiary Guarantor in a notice furnished to such Holder in accordance with the terms of this Indenture or, if no such date and time shall be identified, the date the amendment, supplement, supplement or waiver or other action becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder. The Company Partnership or any Subsidiary Guarantor may, but shall not be obligated to, fix a record date (which need not comply with TIA Section 316(c)) for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior waiver or to the first solicitation of such consenttake any other action under this Indenture. If a record date is fixed, then, 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 or waiver, waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. After an amendment, supplement, waiver No consent shall be valid or other action becomes effective, it shall bind every Securityholder, effective for more than 90 days after such record date unless it makes a change described in any of clauses (1) through (9) of Section 8.2. In that case, the amendment, supplement, waiver or other action 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 same debt as the consenting Holder’s Security; PROVIDED, that any such waiver shall not impair or affect the right of any Holder to receive payment consents from Holders of the principal of, amount of Securities required hereunder for such amendment or waiver to be effective shall have also been given and interest and premium, if any, on, a Security, on or after the respective due dates expressed in not revoked within such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder90-day period.
Appears in 2 contracts
Samples: Indenture (Heritage Propane Partners L P), Indenture (Heritage Propane Partners L P)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Issuers received before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The Company Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, 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 90 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1i) through (9vii) of Section 8.2. In that 9.2, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and interest and premium, if any, on, and interest on a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.
Appears in 2 contracts
Samples: Indenture (RPP Capital Corp), Indenture (RPP Capital Corp)
Revocation and Effect of Consents. Until an amendment, supplement, amendment or waiver or other action becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of that Se- curity or portion of that Security that evidences the same Security or portion thereof, and of any Security issued upon debt as the transfer thereof or in exchange therefor or in place thereofcon- senting Holder's Security, even if notation of the consent is not made on any such Security. Any Subject to the following paragraph, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his such Holder's Security or portion of a Security, if such Security by notice to the Trustee or the Company received before the date on which the Trustee receives an Officers' Certificate certifying that the notice Hold- ers of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The 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 or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, notwithstanding notwith- standing the last sentence of the immediately preceding paragraph, those Persons per- sons who were Holders of Securities at such record date (or their duly designated desig- nated proxies), and only such Personsthose persons, shall be entitled to consent to such amendment, supplement or waiver, 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 90 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every ev- ery Securityholder, unless it makes a change described in any of clauses (1) through (910) of Section 8.2. In that case, the amendment, supplement, waiver or other action 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 same debt as the consenting Holder’s Security; PROVIDED, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and interest and premium, if any, on, a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.Section
Appears in 2 contracts
Samples: Indenture (Newport News Shipbuilding Inc), Indenture (Newport News Shipbuilding Inc)
Revocation and Effect of Consents. Until an amendment, supplement, supplement or waiver or other action becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same that Security or portion thereof, and of any that Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, except as provided in the succeeding paragraph, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, . Such revocation shall be effective only if the Trustee receives the written notice of such revocation before the date the amendment, supplement, supplement or waiver or other action becomes effective. 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, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, notwithstanding the last two sentences 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, waiver or to revoke by written notice received by the Trustee any consent previously given, whether or not such Persons persons continue to be Holders after such record date. After an No such consent shall be valid or effective for more than 90 days after such record date, unless the relevant amendment, supplement, supplement or waiver or other action becomes to which such consent relates has become effective, it in which event such persons who were Holders at such record date shall bind every Securityholderno longer be entitled to revoke any consent previously given and such consent shall continue to be valid and effective. Notwithstanding anything to the contrary in this Section 9.04, unless it makes a change described in no consent to any of clauses (1) through (9) of Section 8.2. In that case, the amendment, supplement, supplement or waiver or other action shall bind each delivered by a Holder of a Security who has consented in connection with the Offer to it Purchase and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s Security; PROVIDED, that any such waiver shall not impair or affect the right of any Holder to receive payment Consent Solicitation of the principal ofCompany, dated November 13, 1997, and interest and premium, if any, on, a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of Solicitation (as defined therein) may be revoked by such Holder.
Appears in 2 contracts
Samples: Supplemental Indenture (Acme Metals Inc /De/), First Supplemental Indenture (Acme Metals Inc /De/)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, his Security by written notice to the Company or the Person designated by the Company as the Person to whom consents should be sent if such revocation is received by the Company or such Person before the date on which the Trustee receives an Officer's Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. 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, which record date shall be at least 30 days prior to the first solicitation date so fixed by the Company notwithstanding the provisions of such consentthe TIA. If a record date is fixed, then, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date date, and only those Persons (or their duly designated proxies), and only such Persons, shall be 110 122 entitled to consent to such amendment, supplement or waiver, or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every SecurityholderHolder, unless it makes a change described in any of clauses (1a) through (9h) of Section 8.2. In that 9.2, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same (or a portion of the same) debt as the consenting Holder’s Security's Security with respect to which a consent was given; PROVIDEDprovided, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and premium of and interest and premium, if any, on, on a Security, on or after the respective dates set for such amounts to become due dates and payable expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holderdates.
Appears in 1 contract
Samples: Indenture (JCC Holding Co)
Revocation and Effect of Consents. (a) Until an amendment, supplement, supplement or waiver or other action becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Securityhis Security by written notice to the Company, the Trustee or the Person designated by the Company as the Person to whom consents should be sent if such revocation is received by the Company or such Person before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effective. waiver.
(b) 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, which record date shall be at least 30 days prior to the first solicitation date so fixed by the Company notwithstanding the provisions of such consentthe TIA. If a record date is fixed, then, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date date, and only those Persons (or their duly designated proxies), and only such Persons, shall be entitled to consent to such amendment, supplement or waiver, or to revoke any consent previously given, regardless of whether or not such Persons continue to be Holders after such record date. After .
(c) Notwithstanding the preceding paragraph, after an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every SecurityholderHolder, unless it makes a change described in any of clauses (1) through (94) of Section 8.2. In that 9.2, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s Security; PROVIDED, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and interest and premium, if any, on, a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the 's Security unless consent of such Holderall Holders has been obtained pursuant to clauses (1) through (4) of Section 9.2.
Appears in 1 contract
Revocation and Effect of Consents. Until an a modification, amendment, supplement, waiver or other action becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such Holder and every subsequent Holder of the same Security or portion thereof, and of any Security issued upon the transfer thereof or in exchange therefor or in place thereof, even if notation of the consent is not made on any such Security. Any such Holder or subsequent Holder, however, may revoke the consent as to his Security or portion of a Security, if the Trustee receives the notice of revocation before the date the modification, amendment, supplement, waiver or other action becomes effective. 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 modification, amendment, supplement supplement, or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, 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 supplement, or waiver, waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date unless the consent of the requisite number of Holders has been obtained. After an a modification, amendment, supplement, waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) 8) of Section 8.28.02 hereof. In that case, the modification, amendment, supplement, waiver or other action 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 same debt as the consenting Holder’s 's Security; PROVIDED, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and interest and premium, if any, on, a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.
Appears in 1 contract
Revocation and Effect of Consents. (a) Until an amendment, supplement, supplement or waiver or other action becomes effective, a consent to it by a Holder of a Security Securityholder is a continuing consent conclusive and binding upon such Holder by the Securityholder and every subsequent Holder Securityholder or portion of a Security that evidences the same Security or portion thereof, and of any Security issued upon debt as the transfer thereof or in exchange therefor or in place thereofconsenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder Securityholder or subsequent Holder, however, Securityholder may revoke the consent as to his its Security or portion of a Security, if the Trustee receives the written notice of revocation before the date the amendmentwaiver, supplement, waiver supplement or other action amendment becomes effective. 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 An amendment, supplement or waiver becomes effective when approved by the requisite Holders and executed by the Trustee (or, if otherwise provided in such waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, notwithstanding the preceding paragraph, those Persons who were Holders at such record date (amendment 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. After an amendment, supplement, waiver or other action becomes effective, it shall bind in accordance with its terms) and thereafter binds every Securityholder, unless it makes a change described in any of clauses (1i) through (9xi) of Section 8.2. In that 9.02, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt indebtedness as the consenting Holder’s 's Security; PROVIDED.
(b) The Company may fix a record date for determining which Securityholders must consent to such amendment, that any supplement or waiver. If the Company fixes a record date, the record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such waiver shall not impair consent or affect the right of any Holder to receive payment date of the principal ofmost recent list of Securityholders furnished to the Trustee prior to such solicitation pursuant to Section 2.05 hereof, or (ii) such other date as the Company shall designate. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those persons who were Holders at such record date (or their duly designated proxies), and interest and premiumonly those persons, if anyshall be entitled to consent to such amendment or waiver or revoke any consent previously given, on, a Security, on whether or after the respective due dates expressed in not such Security, or persons continue to bring suit for the enforcement of any such payment on or be Holders after such respective dates without record date. No consent shall be valid or effective for more than 890 days after such record date except to the consent extent that the requisite number of consents to the amendment, supplement or waiver have been obtained within such Holder90-day period or as set forth in the preceding paragraph of this Section 9.04.
Appears in 1 contract
Samples: Indenture (Source Media Inc)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder’s Security, even if notation of the consent is not made on any such Security. Any Subject to the following paragraph, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Company received before the date on which the Trustee receives an Officers’ Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. 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, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only 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 90 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1a) through (9e) of Section 8.2. In that 9.02, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s Security; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, if any, on, on a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.
Appears in 1 contract
Samples: Indenture (Wickes Inc)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Company received before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. 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, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only 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 90 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) 8) of Section 8.2. In that 9.02, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, if any, on, on a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.
Appears in 1 contract
Samples: Indenture (Leslies Poolmart Inc)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his or her Security or portion of a Security, if his or her Security by notice to the Trustee or the Company received before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. 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, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons 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 or waiver, or to revoke any consent previously given, whether or not such Persons persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every SecurityholderHolder, unless it makes a change described in any of clauses (1) through (9) of Section 8.2. In that 10.2, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDEDprovided, however, that any such waiver shall not impair or affect the -------- ------- right of any Holder to receive payment of the principal of, of and interest and premium, if any, on, on a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.
Appears in 1 contract
Samples: Indenture (RSC Duval Inc)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, his Security by written notice to the Company or the Person designated by the Company as the Person to whom consents should be sent if such revocation is received by the Company or such Person before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. 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, which record date shall be at least 30 days prior to the first solicitation date so fixed by the Company notwithstanding the provisions of such consentthe TIA. If a record date is fixed, then, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date date, and only those Persons (or their duly designated proxies), and only such Persons, shall be entitled to consent to such amendment, supplement or waiver, or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (910) of Section 8.2. In that 9.2, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDEDprovided, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and premium of and interest (and premiumLiquidated Damages, if any, on, ) on a Security, on or after the respective dates set for such amounts to become due dates and payable expressed in such Security, or to bring suit for 91 101 the enforcement of any such payment on or after such respective dates without the consent of such Holderdates.
Appears in 1 contract
Samples: Indenture (Urohealth Systems Inc)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Company received before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. 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, waiver which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only 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 90 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) of Section 8.2. In that 9.02, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDED, provided that any such waiver -------- shall not impair or affect the right of or any Holder to receive payment of the principal of, of and interest and premium, if any, on, on a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.
Appears in 1 contract
Samples: Indenture (Encompass Services Corp)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Company received before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. 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, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons 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 or waiver, or to revoke any consent previously given, whether or not such Persons persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every SecurityholderHolder, unless it makes a change described in any of clauses clause (1) through (9i) of Section 8.2. In that 10.02, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDEDprovided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, if any, on, on a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.
Appears in 1 contract
Revocation and Effect of Consents. Until an amendment, supplement, supplement or waiver or other action becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon by such Holder and every subsequent Holder of the same that Security or portion thereof, and of any that Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a SecuritySecurity prior to such amendment, supplement or waiver becoming effective. Such revocation shall be effective only if the Trustee receives the notice of revocation before the date the amendment, supplement, supplement or waiver or other action becomes effective. Notwithstanding the above, nothing in this paragraph shall impair the right of any Holder under Section 316(b) of the TIA. 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, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, then notwithstanding the 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 or waiver, waiver or to revoke any consent previously given, whether or not such Persons persons continue to be Holders after such record date. Such consent shall be effective only for actions taken within 90 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, Holder; unless it makes a change described in any of clauses (1a) through (9k) of Section 8.2. In that case9.02; if it makes such a change, the amendment, supplement, supplement or waiver or other action 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 same debt as the consenting Holder’s 's Security; PROVIDED, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and interest and premium, if any, on, a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.
Appears in 1 contract
Samples: Indenture (Interface Inc)
Revocation and Effect of Consents. Until an amendment, supplement, amendment or waiver or other action becomes effective, a consent to it by a Holder of a Security Debenture is a continuing consent conclusive and binding upon by such Holder and every subsequent Holder of such Debenture or portion of such Debenture that evidences the same Security or portion thereof, and of any Security issued upon debt as the transfer thereof or in exchange therefor or in place thereofconsenting Holder's Debenture, even if notation of the consent is not made on any such SecurityDebenture. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security Debenture or portion of a Security, Debenture. Such revocation shall be effective only if the Trustee Company receives the notice of such revocation before the date on which the Company receives the consent of Holders of the requisite principal amount of the then outstanding Debentures to such amendment, supplement, waiver supplement or other action becomes effectivewaiver. The Company may, but shall not be obligated to, fix a record date Record Date for the purpose of determining the Holders of the Debentures entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date Record Date is fixed, then, then notwithstanding the last two sentences of the immediately preceding paragraph, those Persons who were Holders of the Debentures at such record date 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 dateRecord Date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every SecurityholderHolder of the Debentures, unless it makes a change described in any of clauses (1) through (97) of Section 8.2. In that case7.01, in which case the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security Debenture who has consented to it and every subsequent Holder of a Security Debenture or portion of a Security Debenture that evidences the same debt as the consenting Holder’s Security; PROVIDED, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and interest and premium, if any, on, a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder's Debenture.
Appears in 1 contract
Samples: Debenture Agreement (Iexalt Inc)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Company received before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. 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, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons 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 or waiver, or to revoke any consent previously given, whether or not such Persons persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) 8) of Section 8.2. In that 9.02, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, if any, on, on a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.
Appears in 1 contract
Samples: Indenture (Duane Reade Inc)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Company received before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. 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, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons 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 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 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (11 ) through (910) of Section 8.2. In that 9.2, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDED, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and interest and premium, if any, on, a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.
Appears in 1 contract
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Company received before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. 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, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons 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 or waiver, or to revoke any consent previously given, whether or not such Persons persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (910) of Section 8.2. In that 9.02, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, if any, on, on a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.
Appears in 1 contract
Samples: Indenture (Walbro Corp)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such Holder and every subsequent Holder of the same Security or portion thereof, and of any Security issued upon the transfer thereof or in exchange therefor or in place thereof, even if notation of the consent is not made on any such Security. Any such Holder or subsequent Holder, however, may revoke the consent as to his Security or portion of a Security, if the Trustee receives the notice of revocation before the date the amendment, supplement, waiver or other action becomes effective. 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 supplement, or waiver, waiver which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, notwithstanding the 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, waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. After an amendment, supplement, waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) 8) of Section 8.28.2 hereof. In that case, case the amendment, supplement, waiver or other action 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 same debt as the consenting Holder’s Security; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, premium (if any, on, ) on a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.
Appears in 1 contract
Samples: Indenture (Biogen Idec Inc.)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Issuers received before the date on which the Trustee receives Officers' Certificates from the notice Issuers certifying that the Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The Company Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, waiver which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, 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 90 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (97) of Section 8.2. In that 9.2, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDEDprovided, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, if any, on, on a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.
Appears in 1 contract
Samples: Indenture (Natg Holdings LLC)
Revocation and Effect of Consents. Until an amendment, restatement, supplement, waiver or other action becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such Holder and every subsequent Holder of the same Security or portion thereof, and of any Security issued upon the transfer thereof or in exchange therefor or in place thereof, even if notation of the consent is not made on any such Security. Any such Holder or subsequent Holder, however, may revoke the consent as to his Security or portion of a Security, if the Trustee receives the notice of revocation before the date the amendment, restatement, supplement, waiver or other action becomes effective. 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, restatement, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, notwithstanding the 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, restatement, supplement or waiver, or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. After an amendment, restatement, supplement, waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (911) of Section 8.2. In that case, the amendment, restatement, supplement, waiver or other action 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 same debt as the consenting Holder’s Security; PROVIDED, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and interest and premium, if any, on, a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.
Appears in 1 contract
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Company received before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. 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, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only 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 90 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) 8) of Section 8.2. In that 9.02, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder subse xxxxx Xxxxxx of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDED, provided that any such waiver -------- shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, if any, on, on a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.
Appears in 1 contract
Samples: Indenture (Unilab Corp /De/)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such Holder and every subsequent Holder of the same Security or portion thereof, and of any Security issued upon the transfer thereof or in exchange therefor or in place thereof, even if notation of the consent is not made on any such Security. Any such Holder or subsequent Holder, however, may revoke the consent as to his Security or portion of a Security, if the Trustee receives the notice of revocation before the date the amendment, supplement, waiver or other action becomes effective. 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 supplement, or waiver, waiver which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, notwithstanding the 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, waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date without the applicable amendment, supplement or waiver becoming effective. After an amendment, supplement, waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (97) of Section 8.28.2(a) hereof. In that case, case the amendment, supplement, waiver or other action 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 same debt as the consenting Holder’s 's Security; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, premium (if any, on, ) on a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.
Appears in 1 contract
Samples: Indenture (Wellman Inc)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such Holder and every subsequent Holder of the same Security or portion thereof, and of any Security issued upon the transfer thereof or in exchange therefor or in place thereof, even if notation of the consent is not made on any such Security. Any such Holder or subsequent Holder, however, may revoke the consent as to his Security or portion of a Security, if the Trustee receives the notice of revocation before the date the amendment, supplement, waiver or other action becomes effective. 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 supplement, or waiver, waiver which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, notwithstanding the 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, waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date without the applicable amendment, supplement or waiver becoming effective. After an amendment, supplement, waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) of Section 8.28.2 hereof. In that case, case the amendment, supplement, waiver or other action 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 same debt as the consenting Holder’s Security; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and interest of (and premium, if any) and interest, onif any, on a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.
Appears in 1 contract
Samples: Indenture (Shore Bancshares Inc)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder’s Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Company received before the date on which the Trustee receives an Officers’ Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. 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, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only 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 90 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (911) of Section 8.2. In that 9.02, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s Security; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, if any, on, on a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.
Appears in 1 contract
Samples: Indenture (Tenneco Inc)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder 141 -131- may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Company received before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. 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, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only 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 90 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (911) of Section 8.2. In that 9.02, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, if any, on, on a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.
Appears in 1 contract
Samples: Indenture (Tenneco Automotive Inc)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Company received before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. 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, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons 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 or waiver, or to revoke any consent previously given, whether or not such Persons persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) 8) of Section 8.2. In that 10.02, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, if any, on, on a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.
Appears in 1 contract
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, his Security by written notice to the Company or the Person designated by the Company as the Person to whom consents should be sent if such revocation is received by the Company or such Person before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. 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, which record date shall be at least 30 days prior to the first solicitation date so fixed by the Company notwithstanding the provisions of such consentthe TIA. If a record date is fixed, then, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date date, and only those Persons (or their duly designated proxies), and only such Persons, shall be entitled to consent to such amendment, supplement or waiver, or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (94) of Section 8.2. In that 9.2, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDEDprovided, that any such waiver shall not impair or affect the right of any -------- Holder to receive payment of the principal of, and premium of and interest on and premium, if any, on, Liquidated Damages with respect to a Security, on or after the respective dates set for such amounts to become due dates and payable expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holderdates.
Appears in 1 contract
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by written notice to the Company or the person designated by the Company as the person to whom consents should be sent received before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. 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, which record date shall be at least 30 days prior to the first solicitation date so fixed by the Company notwithstanding the provisions of such consentSection 316(c) of the TIA. If a record date is fixed, then, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons persons who were Holders at such record date date, and only those persons (or their duly designated proxies), and only 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 persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (97) of Section 8.2. In that 9.2, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDEDprovided, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and interest and premium, if any, on, on a Security, on or after the respective dates set for such amounts to become due dates and payable expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holderdates.
Appears in 1 contract
Samples: Indenture (Us Foodservice/Md/)
Revocation and Effect of Consents. (a) Until an amendment, supplement, supplement or waiver or other action becomes effective, a consent to it by a Holder of a Security Securityholder is a continuing consent conclusive and binding upon such Holder by the Securityholder and every subsequent Holder Securityholder or portion of a Security that evidences the same Security or portion thereof, and of any Security issued upon debt as the transfer thereof or in exchange therefor or in place thereofconsenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder Securityholder or subsequent Holder, however, Securityholder may revoke the consent as to his its Security or portion of a Security, if the Trustee receives the written notice of revocation before the date the amendmentwaiver, supplement, waiver supplement or other action amendment becomes effective. 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 An amendment, supplement or waiver becomes effective when approved by the requisite Holders and executed by the Trustee (or, if otherwise provided in such waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, notwithstanding the preceding paragraph, those Persons who were Holders at such record date (amendment 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. After an amendment, supplement, waiver or other action becomes effective, it shall bind in accordance with its terms) and thereafter binds every Securityholder, unless it makes a change described in any of clauses (1i) through (9xi) of Section 8.2. In that 9.02, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt indebtedness as the consenting Holder’s Xxxxxx's Security; PROVIDED.
(b) The Company may fix a record date for determining which Securityholders must consent to such amendment, that any supplement or waiver. If the Company fixes a record date, the record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such waiver shall not impair consent or affect the right of any Holder to receive payment date of the principal ofmost recent list of Securityholders furnished to the Trustee prior to such solicitation pursuant to Section 2.05 hereof, or (ii) such other date as the Company shall designate. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and interest and premiumonly those Persons, if anyshall be entitled to consent to such amendment or waiver or revoke any consent previously given, on, a Security, on whether or after the respective due dates expressed in not such Security, or Persons continue to bring suit for the enforcement of any such payment on or be Holders after such respective dates without record date. No consent shall be valid or effective for more than 890 days after such record date except to the consent extent that the requisite number of consents to the amendment, supplement or waiver have been obtained within such Holder90-day period or as set forth in the preceding paragraph of this Section 9.04.
Appears in 1 contract
Samples: Indenture (Mentus Media Corp)
Revocation and Effect of Consents. (a) Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder’s Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Company received before the date on which the Trustee receives an Officers’ Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effective. waiver.
(b) The Company mayshall be entitled to, but shall not be obligated to, fix a record date Record Date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, waiver which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders Securityholders at such record date 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 dateRecord Date. No such consent shall be valid or effective for more than 90 days after such Record Date. The Company shall inform the Trustee in writing of the fixed Record Date if applicable.
(c) After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (910) of Section 8.2. In that case, the amendment, supplement, waiver or other action 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 same debt as the consenting Holder’s Security9.02(b); PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, if any, on, on a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.
Appears in 1 contract
Samples: Indenture (Netscout Systems Inc)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Company received before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. 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, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only 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 90 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) of Section 8.2. In that 9.2, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, if any, on, on a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.
Appears in 1 contract
Samples: Indenture (Quality Distribution Inc)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such Holder and every subsequent Holder of the same Security or portion thereof, and of any Security issued upon the transfer thereof or in exchange therefor or in place thereof, even if notation of the consent is not made on any such Security. Any such Holder or subsequent Holder, however, may revoke the consent as to his Security or portion of a Security, if the Trustee receives the notice of revocation before the date the amendment, supplement, waiver or other action becomes effective. 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, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, notwithstanding the 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. After an amendment, supplement, waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) of Section 8.2. In that case, the amendment, supplement, waiver or other action 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 same debt as the consenting Holder’s Security; PROVIDED, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and interest and premium, if any, on, a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.. Table of Contents
Appears in 1 contract
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, his Security by written notice to the Company or the Person designated by the Company as the Person to whom consents should be sent if such revocation is received by the Company or such Person before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and have not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. 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, which record date shall be at least 30 days prior to the first solicitation date so fixed by the Company notwithstanding the provisions of such consentthe TIA. If a record date is fixed, then, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date date, and only those Persons (or their duly designated proxies), and only such Persons, shall be entitled to consent to such amendment, supplement or waiver, or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) 8) of Section 8.2. In that 9.2, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and interest and premium, if any, on, and interest on a Security, on or after the respective dates set for such amounts to become due dates and payable expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holderdates.
Appears in 1 contract
Samples: Indenture (HPSC Inc)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any Subject to the following paragraph, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Company received before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplementsupplement or waiver (at which time such amendment, supplement or waiver or other action becomes shall become effective). 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, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only 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. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (96) of Section 8.2. In that 9.02, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, if any, on, on a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.. 88 -80-
Appears in 1 contract
Samples: Indenture (Amcast Radio Sales Inc)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Company received before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. 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, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, notwithstanding then notwithstand- ing 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 90 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) 8) of Section 8.2. In that 9.02, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDED, provided that any such waiver -------- shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, if any, on, on a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.
Appears in 1 contract
Samples: Indenture (Leslies Poolmart Inc)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action becomes effective, a consent to it by a Holder of a Security Note is a continuing consent conclusive and binding upon such Holder and every subsequent Holder of the same Security Note or portion thereof, and of any Security Note issued upon the transfer thereof or in exchange therefor or in place thereof, even if notation of the consent is not made on any such SecurityNote. Any such Holder or subsequent Holder, however, may revoke the consent as to his Security Note or portion of a SecurityNote, if the Trustee receives the notice of revocation before the date the amendment, supplement, waiver or other action becomes effective. 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 supplement, or waiver, waiver which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, notwithstanding the 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, waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. After an amendment, supplement, waiver or other action becomes effective, it shall bind every SecurityholderNoteholder, unless it makes a change described in any of clauses (1) through (9) of Section 8.28.2 hereof. In that case, case the amendment, supplement, waiver or other action shall bind each Holder of a Security Note who has consented to it and every subsequent Holder of a Security Note or portion of a Security Note that evidences the same debt as the consenting Holder’s SecurityNote; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, if any, on, on a SecurityNote, on or after the respective due dates expressed in such SecurityNote, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.
Appears in 1 contract
Samples: Indenture (McClatchy Co)
Revocation and Effect of Consents. Until an amendment, supplement, supplement or waiver or other action becomes effective, a consent to it by a Holder of a Security Participating Note or Security, as applicable, is a continuing consent conclusive and binding upon by such Holder and every subsequent Holder or portion of a Creditor Note that evidences the same Security or portion thereof, and of any Security issued upon debt as the transfer thereof or in exchange therefor or in place thereofconsenting Holder’s Creditor Note, even if notation of the consent is not made on any such SecurityCreditor Note. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security its Participating Note or portion of a Security, as applicable, if the Trustee receives the written notice of revocation before the date the amendment, supplement, supplement or waiver or other action becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, 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 or waiver, waiver or to revoke any consent previously given, whether or not such Persons continue to be the Holders after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every SecurityholderHolder, unless it makes a change described in any of clauses (1) through (910) of Section 8.2. In that 9.02 hereof, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt indebtedness as the consenting Holder’s Security; PROVIDED, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and interest and premium, if any, on, a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.
Appears in 1 contract
Samples: Indenture (Arazi S.a r.l.)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Company received before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. 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, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, then notwithstanding the last 104 -96- sentence 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 or waiver, or to revoke any consent previously given, whether or not such Persons persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) of Section 8.2. In that 10.02, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, if any, on, on a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.
Appears in 1 contract
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Company received before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. 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, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons 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 or waiver, or to revoke any consent previously given, whether or not such Persons persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) of Section 8.2. In that 9.02, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDED, provided that any such -------- waiver shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, if any, on, on a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.
Appears in 1 contract
Samples: Indenture (Sheffield Steel Corp)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Company received before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. 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, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only 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 90 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (910) of Section 8.2. In that 9.02, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDED, PROVIDED that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, if any, on, on a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.
Appears in 1 contract
Samples: Indenture (Simonds Industries Inc)
Revocation and Effect of Consents. Until an amendment, supplementmodification, --------------------------------- termination or waiver or other action becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same Security or portion thereof, and of any Security issued upon debt as the transfer thereof or in exchange therefor or in place thereofconsenting Holder's Note, even if notation of the consent is not made on any such SecurityNote. Any However, any such Holder or of subsequent Holder, however, Holder may revoke the consent as to his Security its Note or portion of a Security, if its Note by notice to the Trustee receives the notice of revocation Company received before the date on which the Requisite Holders have consented (and not theretofore revoked such consent) to such amendment, supplementmodification, waiver termination or other action becomes effectivewaiver. 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 modification, termination or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only 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. After an amendment, supplementmodification, termination or waiver or other action becomes effective, it shall bind every SecurityholderHolder of a Note, unless it makes a change described in any of clauses (1i) through (9viii) of Section 8.2. In that 12.1(a), in which case, the amendment, supplement----------- ------ --------------- modification, termination or waiver or other action shall bind only each Holder of a Security Note who has consented to it and every subsequent Holder of a Security Note or portion of a Security Note that evidences the same debt as the consenting Holder’s Security's Note; PROVIDED, provided that any -------- such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, premium (if any) and interest and premium, if any, on, on a SecurityNote, on or after the respective due dates expressed in such SecurityNote, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.
Appears in 1 contract
Samples: Note Purchase Agreement (Matthews Studio Equipment Group)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement pursuant to Section 9.02 becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Company received before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. 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, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only 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 90 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every SecurityholderHolder, unless it makes a change described in any of clauses (1) through (911) of Section 8.2. In that 9.02, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDED, PROVIDED that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, if any, on, on a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.
Appears in 1 contract
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Company received before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. 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, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons 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 or waiver, or to revoke any consent previously given, whether or not such Persons persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1i) through (9viii) of Section 8.2. In that case9.02(b), in which case the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, if any, on, on a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.
Appears in 1 contract
Samples: Indenture (Aearo CO I)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder’s Security, even if notation of the consent is not made on any such Security. Any Subject to the following paragraph, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Company received before the date on which the Trustee receives an Officers’ Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. 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, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only 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 90 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (96) of Section 8.2. In that 10.02, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s Security; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, if any, on, on a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.
Appears in 1 contract
Samples: Indenture (Wickes Inc)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Company received before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. 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, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only 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 90 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (97) of Section 8.2. In that 9.2, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, if any, on, on a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.
Appears in 1 contract
Samples: Indenture (Quality Distribution Inc)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his or her Security or portion of a Security, if his or her Security by notice to the Trustee or the Company received before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. 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, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons 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 or waiver, or to revoke any consent previously given, whether or not such Persons persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every SecurityholderHolder, unless it makes a change described in any of clauses (1) through (9) of Section 8.2. In that 11.2, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDEDprovided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, if any, on, on a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.
Appears in 1 contract
Samples: Indenture (Color Spot Nurseries Inc)
Revocation and Effect of Consents. Until an amendment, supplement, supplement or waiver or other action becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon by such Holder and every subsequent Holder of the same that Security or portion thereof, and of any that Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a SecuritySecurity (but not in amounts less than the minimum denominations in which a Security may be issued) prior to such amendment, supplement or waiver becoming effective. Such revocation shall be effective only if the Trustee receives the notice of revocation before the date the amendment, supplement, supplement or waiver or other action becomes effective. Notwithstanding the above, nothing in this paragraph shall impair the right of any Holder under Section 316(b) of the TIA. 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, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, then notwithstanding the second and third sentences 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, waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. Such consent shall be effective only for actions taken within 90 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, Holder unless it makes a change described in any of clauses (1) through (911) of Section 8.2. In that case9.02(e); if it makes such a change, the amendment, supplement, supplement or waiver or other action 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 same debt as the consenting Holder’s 's Security; PROVIDED, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and interest and premium, if any, on, a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.
Appears in 1 contract
Samples: Indenture (Interface Inc)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, his Security by written notice to the Company or the Person designated by the Company as the Person to whom consents should be sent if such revocation is received by the Company or such Person before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. 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, which record date shall be at least 30 days prior to the first solicitation date so fixed by the Company notwithstanding the provisions of such consentthe TIA. If a record date is fixed, then, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date date, and only those Persons (or their duly designated proxies), and only such Persons, shall be entitled to consent to such amendment, supplement or waiver, or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (94) of Section 8.2. In that 9.2, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDEDprovided, that any such waiver shall not impair or affect the right of any other Holder to receive payment of the principal of, and premium of and interest and premium, if any, on, on a Security, on or after the respective dates set for such amounts to become due dates and payable expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holderdates.
Appears in 1 contract
Revocation and Effect of Consents. Until an amendment, supplement, supplement or waiver or other action becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same that Security or portion thereofof that Security that evidences the same debt as the consenting Holder's Security, and of any Security issued upon the transfer thereof whether or in exchange therefor or in place thereof, even if not notation of the consent is not made on upon any such Security. Any Subject to the following paragraph and Section 104, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his such Holder's Security or portion of a Securitysuch Security by notice to the Trustee or the Company received by the Trustee or the Company, if as the case may be, before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The Company may, but shall not be obligated to, fix set any day as a record date for the purpose of determining the Holders of Outstanding Securities of either series entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consentas further provided in Section 104. If a record date is fixedset pursuant hereto, then, notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were the Holders at of Outstanding Securities of the relevant series on such record date (or their duly designated proxies), and only such Personsno other Holders, shall be entitled to consent to such amendment, supplement or waiver, waiver or to revoke any consent previously given, whether or not such Persons continue to remain Holders after such record date. No such consent shall be Holders valid or effective for more than 180 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every SecurityholderHolder of Securities, unless it makes a change described in any of clauses (1) through (93) of the first paragraph of Section 8.2902. In that case, the amendment, supplement, supplement or waiver or other action 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 same debt as the consenting Holder’s 's Security; PROVIDED, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and interest and premium, if any, on, a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.. ARTICLE TEN
Appears in 1 contract
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, his Security by written notice to the Company or the person designated by the Company as the person to whom consents should be sent if such revocation is received by the Company or such person before the date on which the Trustee receives an Officers, Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. 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, which record date shall be at least 30 days prior to the first solicitation date so fixed by the Company notwithstanding the provisions of such consentthe TIA. If a record date is fixed, then, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons persons who were Holders at such record date date, and only those persons (or their duly designated proxies), and only 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 persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) of Section 8.2. In that 10.2, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDEDprovided, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and premium of and interest and premium, if any, on, on a Security, on or after the respective dates set for such amounts to become due dates and payable expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holderdates.
Appears in 1 contract
Samples: Indenture (Elsinore Corp)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Company received before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled 91 to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, 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 90 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (910) of Section 8.2. In that 9.02, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, if any, on, on a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.
Appears in 1 contract
Revocation and Effect of Consents. Until an amendment, supplement, amendment set forth in a supplemental indenture or a waiver or other action becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder’s Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, Security if the Trustee receives the notice of revocation before the date the amendment, supplement, supplemental indenture or the date the waiver or other action becomes effective. 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 Any amendment or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, notwithstanding the 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. After an amendment, supplement, waiver or other action becomes effective, it once effective shall bind every Securityholder, Securityholder of each Series affected by such amendment or waiver unless it makes a change is of the type described in any of clauses (1a) through (9h) of Section 8.29.03. In that case, the amendment, supplement, amendment or waiver or other action 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 same debt as the consenting Holder’s Security; PROVIDED. The Company may, that 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 be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those persons, shall be entitled to give such consent or to revoke any consent previously given or take any such waiver shall action, whether or not impair or affect the right of any Holder such Persons continue to receive payment of the principal of, and interest and premium, if any, on, a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or be Holders after such respective dates without the record date. No such consent of shall be valid or effective for more than 120 days after such Holderrecord date.
Appears in 1 contract
Samples: Indenture (Redwood Trust Inc)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder’s Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Company received before the date on which the Trustee receives an Officers’ Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. 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, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only 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 90 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1i) through (9vii) of Section 8.2. In that 9.2, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s Security; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and interest and premium, if any, on, and interest on a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.
Appears in 1 contract
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his or her Security or portion of a Security, if his or her Security by notice to the Trustee or the Company received before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. 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, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons 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 or waiver, or to revoke any consent previously given, whether or not such Persons persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every SecurityholderHolder, unless it makes a change described in any of clauses (1) through (9) of Section 8.2. In that 10.2, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDED, HOWEVER, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, if any, on, on a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.
Appears in 1 contract
Samples: Indenture (Metals Usa Inc)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Issuers received before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The Company Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, 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 90 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1i) through (9vii) of Section 8.2. In that 9.2, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDED, provided that any such waiver shall -------- not impair or affect the right of any Holder to receive payment of the principal of, and interest and premium, if any, on, and interest on a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.
Appears in 1 contract
Samples: Indenture (RPP Capital Corp)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, his Security by written notice to the Company or the Person designated by the Company as the Person to whom consents should be sent if such revocation is received by the Company or such Person before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. 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, which record date shall be at least 30 days prior to the first solicitation of such consentdate so fixed by the Company. 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 date, and only those Persons (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 90 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (94) of Section 8.2. In that 9.2, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDEDprovided, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and interest and premium, if any, on, any amount due on a Security, on or after the respective dates set for such amounts to become due dates and payable as then expressed in such Security, or to bring suit for the enforcement of any such payment or for conversion on or after such respective dates without the consent of such Holderdates.
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Samples: Indenture (Getty Images Inc)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Company received before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. 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, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only 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 90 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) of Section 8.2. In that 9.02, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s Security's Secu- rity; PROVIDED, provided that any such waiver shall not impair or affect the right of any -------- Holder to receive payment of the principal of, of and interest and premium, if any, on, on a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.
Appears in 1 contract
Samples: Indenture (Pacer Express Inc)