Common use of Revocation and Effect of Consents Clause in Contracts

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his Note or portion of his Note by notice to the Trustee and the Company received before the date on which such amendment, supplement or waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with the terms thereof (or if silent as to effectiveness, on the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to such amendment, supplement or waiver) 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 notwithstanding the second sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Company shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Noteholder.

Appears in 8 contracts

Samples: Indenture (Davita Healthcare Partners Inc.), Indenture (Physicians Choice Dialysis, LLC), Indenture (Davita Healthcare Partners Inc.)

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Revocation and Effect of Consents. Until A consent to an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is of a continuing consent by Security shall bind the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent is not made on any NoteSecurity. However, until an amendment, supplement or waiver becomes effective, any such Holder or subsequent Holder may revoke the consent as to his Note its Security or portion of his Note by notice a Security. For such revocation to be effective, the Trustee and must receive the Company received notice of revocation before the date on which such the amendment, supplement or waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with the terms thereof (or if silent as to effectiveness, on the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to such amendment, supplement or waiver) 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 waiver. If the Company elects to fix a record date for such purpose, the record date shall be fixed at least (i) the later of 30 days prior to the first solicitation of such consentconsent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designate. If a record date is fixed, then notwithstanding the second sentence provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Company shall inform date unless consent from the Trustee in writing Holders of the fixed record date if applicable. After an principal amount of Securities required hereunder for such amendment, supplement or waiver becomes effective, it to be effective also shall bind every Noteholderhave been given and not revoked within such 90-day period.

Appears in 8 contracts

Samples: Indenture (Zion Oil & Gas Inc), Indenture (Zion Oil & Gas Inc), Indenture (Zion Oil & Gas Inc)

Revocation and Effect of Consents. Until to an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by shall bind the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. HoweverSubject to the following paragraph, any such Holder or subsequent Holder Holder, however, may revoke the consent as to his Note Security or portion of his Note by notice to a Security. Such revocation shall be effective only if the Trustee and receives the Company received notice of revocation before the date on which such the amendment, supplement or waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with the terms thereof (or if silent as to effectiveness, on the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to such amendment, supplement or waiver) 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 of Securities of any Series entitled to consent to any amendment, supplement or waiver waiver, which record date shall be at least 30 10 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the second last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Company shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every NoteholderHolder, unless it makes a change described in any of clauses (1) through (8) of Section 10.02, in which case, the amendment, supplement or waiver 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 principal of 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 7 contracts

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

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a that Note or portion of a that Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his Note or portion of his Note by notice to a Note. Such revocation shall be effective only if the Trustee and receives the Company received notice of revocation before the date on which such the amendment, supplement or waiver becomes effective. An amendmentNotwithstanding the above, supplement or waiver becomes effective nothing in accordance with this paragraph shall impair the terms thereof (or if silent as to effectiveness, on the date on which the Trustee receives an Officers’ Certificate certifying that the Holders right of any Securityholder under § 316(b) of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to such amendment, supplement or waiver) and thereafter binds every HolderTIA. 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 10 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the second sentence and third sentences of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such Such consent shall be valid or effective only for more than actions taken within 90 days after such record date. The Company shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Noteholder.

Appears in 6 contracts

Samples: Indenture (Webcraft LLC), Indenture (World Color Press Inc.), Indenture (Vertis Inc)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to his its Note or portion of his Note by notice to if the Trustee and the Company received receives written notice of revocation before the date on which such amendmentthe waiver, supplement or waiver amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with the its terms thereof (or if silent as to effectiveness, on the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to such amendment, supplement or waiver) and thereafter binds every Holder. 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 consentwaiver. If a record date is fixed, then notwithstanding the second last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Company shall inform date except to the Trustee extent that the requisite number of consents to the amendment, supplement or waiver have been obtained within such 90-day period or as set forth in writing the next paragraph of the fixed record date if applicablethis Section 10.04. After an amendment, supplement or waiver becomes effective, it shall bind every NoteholderHolder, unless it makes a change described in any of clauses (a) through (i) of Section 10.02, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same indebtedness as the consenting Holder’s Note.

Appears in 6 contracts

Samples: Fifteenth Supplemental Indenture (Markwest Energy Partners L P), Thirteenth Supplemental Indenture (Markwest Energy Partners L P), First Supplemental Indenture (Cloud Peak Energy Resources LLC)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a A consent to it an amendment (which includes a supplement) or waiver by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note or her Security or portion of his Note by a Security if the Trustee receives written notice of revocation at any time prior to (but not after) the date the 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 Trustee and the Company received before the date on which such amendment, supplement or waiver becomes effectivewaiver. An amendment, supplement or waiver becomes effective in accordance with the its terms thereof (or if silent as to effectiveness, on the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to such amendment, supplement or waiver) 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 amendment or waiver which record date shall be at least 30 days prior or to the first solicitation of such consenttake any other action under this Indenture. If a record date is fixed, then notwithstanding the second sentence provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Company shall inform the Trustee in writing date unless consents from Holders of the fixed record date if applicable. After an amendment, supplement principal amount of the Securities required hereunder for such amendment or waiver becomes effective, it to be effective shall bind every Noteholderhave also been given and not revoked within such 90-day period.

Appears in 6 contracts

Samples: Indenture (Southern Natural Gas Co), Indenture (Williams Companies Inc), Indenture (Southern Natural Gas Co)

Revocation and Effect of Consents. Subject to this Indenture, each amendment, supplement or waiver evidencing other action shall become effective in accordance with its terms. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any NoteSecurity. However, any Any such Holder or subsequent Holder Holder, however, may revoke the consent as to his Note Security or portion of his Note by notice to a Security, if the Trustee and receives the Company received notice of revocation before the date on which such the amendment, supplement waiver or waiver other action becomes effective. An amendment, supplement or waiver becomes effective in accordance with the terms thereof (or if silent as to effectiveness, on the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to such amendment, supplement or waiver) 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 consentwaiver. If a record date is fixed, then notwithstanding the second sentence provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), ) and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Company shall inform the Trustee in writing date unless consent from Holders of the fixed record date if applicableprincipal amount of Securities then outstanding required hereunder for such amendment, supplement or waiver to be effective shall have also been given and not revoked within such 90-day period. After an amendment, supplement waiver or waiver other action becomes effective, pursuant to Section 9.1 or Section 9.2, as the case may be, it shall bind every NoteholderHolder of a Security.

Appears in 5 contracts

Samples: Indenture (Alternative Living Services Inc), Indenture (Assisted Living Concepts Inc), Indenture (Rent Way Inc)

Revocation and Effect of Consents. Until an amendment, amendment is set forth in a supplemental indenture or a waiver or supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note Security or portion of his Note by notice to a Security if the Trustee and receives the Company received notice of revocation before the date on which such amendment, supplement of the supplemental indenture or the date the waiver becomes effective. An amendment, supplement Any amendment or waiver becomes once effective in accordance with the terms thereof (shall bind every Securityholder of each Series affected by such amendment or if silent as to effectiveness, on the date on which the Trustee receives an Officers’ Certificate certifying that the Holders waiver unless it is of the requisite principal amount type described in any of Notes have clauses (a) through (h) of Section 9.3 or requires the consent of each Security Holder affected, as set forth in a supplemental indenture or Officer’s Certificate in respect to a particular Series of Securities. In that case, the amendment or waiver shall bind each Holder of a Security who has consented (to it and not theretofore revoked such consent) to such amendment, supplement every subsequent Holder of a Security or waiver) and thereafter binds every portion of a Security that evidences the same debt as the consenting Holder’s Security. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to any amendment, supplement or waiver which record date shall be at least 30 days prior taken pursuant to the first solicitation of such consentthis Indenture. If a record date is fixed, then notwithstanding the second sentence of the immediately preceding paragraph, those Persons persons who were Holders at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to give such consent or to revoke any consent previously givengiven or take any such action, whether or not such Persons persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 120 days after such record date. The Company shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Noteholder.

Appears in 5 contracts

Samples: Indenture (NLCP Operating Partnership Lp), Indenture (STAG Industrial Operating Partnership, L.P.), Indenture (Iip-Co 3 LLC)

Revocation and Effect of Consents. Until A consent to an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is of a continuing consent by Security shall bind the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent is not made on any NoteSecurity. However, until an amendment, supplement or waiver becomes effective, any such Holder or subsequent Holder may revoke the consent as to his Note its Security or portion of his Note by notice a Security. For such revocation to be effective, the Trustee and must receive the Company received notice of revocation before the date on which such the amendment, supplement or waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with the terms thereof (or if silent as to effectiveness, on the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to such amendment, supplement or waiver) 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 waiver. If the Company elects to fix a record date for such purpose, the record date shall be fixed at least (i) the later of 30 days prior to the first solicitation of such consentconsent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.05, or (ii) such other date as the Company shall designate. If a record date is fixed, then notwithstanding the second sentence provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Company shall inform date unless consent from the Trustee in writing Holders of the fixed record date if applicable. After an amendment, supplement principal amount of Securities required hereunder for such amendment or waiver becomes effective, it to be effective also shall bind every Noteholderhave been given and not revoked within such 90-day period.

Appears in 5 contracts

Samples: Indenture (Gene D. Yost & Son Inc.), Indenture (MidCon Compression LP), Indenture (Chesapeake Energy Corp)

Revocation and Effect of Consents. Until an amendment, amendment or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note that Security or portion of a Note that Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. HoweverSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to his Note such Holder's Security or portion of his Note such Security by written notice to the Trustee and or the Company received before the date on which such amendment, supplement or waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with the terms thereof (or if silent as to effectiveness, on the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Notes Securities have consented (and not theretofore revoked such consent) to such the amendment, supplement or waiver) 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 consentwaiver. If a record date is fixed, then then, notwithstanding the second last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Company shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Noteholder.

Appears in 5 contracts

Samples: Indenture (United Auto Group Inc), Indenture (Triton PCS Holdings Inc), Indenture (Aep Industries Inc)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to his its Note or portion of his Note by notice to if the Trustee and the Company received receives written notice of revocation before the date on which such the waiver, supplement or amendment becomes effective. After an amendment, supplement or waiver becomes effective, it shall bind every Holder. An amendment, supplement or waiver becomes effective in accordance with once both (i) the terms thereof (requisite number of consents have been received by the Issuers or if silent as to effectiveness, on the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented and (and not theretofore revoked such consentii) to such amendment, supplement or waiver) waiver has been executed by the Company and thereafter binds every Holderthe Trustee. The Company Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to any amendment, supplement or waiver which record date shall be at least 30 days prior taken pursuant to the first solicitation of such consentthis Indenture. If a record date is fixed, then notwithstanding the second sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously givengiven or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be 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. After an amendment, supplement or waiver becomes effective, it shall bind every Noteholder.

Appears in 5 contracts

Samples: Indenture (Charter Communications Inc /Mo/), Indenture (Charter Communications Inc /Mo/), Indenture (Charter Communications Inc /Mo/)

Revocation and Effect of Consents. Until to an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is of a continuing consent by Security shall bind the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, until an amendment, supplement or waiver becomes effective, any such Holder or subsequent Holder may revoke the consent as to his Note its Security or portion of his Note by notice a Security. For such revocation to be effective, the Trustee and must receive the Company received notice of revocation before the date on which such the amendment, supplement or waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with the terms thereof (or if silent as to effectiveness, on the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to such amendment, supplement or waiver) 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 amendmentamendment or waiver. If the Company elects to fix a record date for such purpose, supplement or waiver which the record date shall be fixed at least (i) the later of 30 days prior to the first solicitation of such consentconsent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.05, or (ii) such other date as the Company shall designate. If a record date is fixed, then notwithstanding the second sentence provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Company shall inform date unless consent from the Trustee in writing Holders of the fixed record date if applicable. After an amendment, supplement principal amount of Securities required hereunder for such amendment or waiver becomes effective, it to be effective also shall bind every Noteholderhave been given and not revoked within such 90-day period.

Appears in 4 contracts

Samples: Indenture (Gothic Energy Corp), Indenture (Chesapeake Energy Corp), Indenture (National Energy Group Inc)

Revocation and Effect of Consents. Subject to this Indenture, each amendment, supplement or waiver evidencing other action shall become effective in accordance with its terms. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any NoteSecurity. However, any Any such Holder or subsequent Holder Holder, however, may revoke the consent as to his Note Security or portion of his Note by notice to a Security, if the Trustee and receives the Company received written notice of revocation before the date on which such the amendment, supplement waiver or waiver other action becomes effective. An amendment, supplement or waiver becomes effective in accordance with the terms thereof (or if silent as to effectiveness, on the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to such amendment, supplement or waiver) 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 consentwaiver. If a record date is fixed, then notwithstanding the second sentence provisions of the immediately preceding paragraph, those Persons who were Holders at on such record date (or their duly designated proxies), ) and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. 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 date unless consent from Holders of the fixed record date if applicableprincipal amount of Securities then outstanding required hereunder for such amendment, supplement or waiver to be effective shall have also been given and not revoked within such 90-day period. After an amendment, supplement or waiver becomes effective, it shall bind every NoteholderSecurityholder.

Appears in 4 contracts

Samples: Indenture (Interpool Inc), Indenture (Interpool Inc), Indenture (Interpool Inc)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his Note or portion of his Note by notice to the Trustee and the Company received before the date on which such amendment, supplement or waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with the terms thereof (or if silent as to effectiveness, on the date on which the Trustee receives an Officers’ Officer’s Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to such amendment, supplement or waiver) 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 notwithstanding the second sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Company shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Noteholder.

Appears in 3 contracts

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

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to his its Note or portion of his Note by notice to if the Trustee and the Company received receives written notice of revocation before the date on which such the amendment, supplement or waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with the its terms thereof (or if silent as to effectiveness, on the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to such amendment, supplement or waiver) 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 notwithstanding the second sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, Persons shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Company shall inform the Trustee in writing of the fixed record date date, if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Noteholder.

Appears in 3 contracts

Samples: Indenture (Fti Consulting Inc), Indenture (Fti Consulting Inc), Indenture (Fti Consulting Inc)

Revocation and Effect of Consents. Until A consent to an amendment, a supplement or a waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note its Security or portion of his Note by notice to a Security if the Trustee and the Company received before receives written notice of revocation at any time prior to (but not after) the date on which such amendment, supplement or waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with the terms thereof (or if silent as to effectiveness, on the date on which the Trustee receives an Officers’ Officer’s Certificate certifying that the Holders of the requisite aggregate principal amount of Notes Securities of the applicable series have consented (and not theretofore revoked such consent) to such the amendment, supplement or waiver) 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 or to take any other action with respect to the first solicitation of such consentSecurities under this Indenture. If a record date is fixed, then notwithstanding the second sentence provisions of the immediately preceding paragraph, those Persons who were Holders at the close of business on such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date, and for this purpose the Securities then outstanding shall be computed as of such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Company shall inform the Trustee in writing date unless consents from Holders of the fixed record date if applicable. After an aggregate principal amount of the Securities required hereunder for such amendment, supplement or waiver becomes effective, it to be effective shall bind every Noteholderhave also been given and not revoked within such 90-day period.

Appears in 3 contracts

Samples: Indenture (Columbia Pipeline Group, Inc.), Indenture (Nisource Inc/De), Indenture (Nabors Industries LTD)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note or her Security or portion of his Note by notice to a Security if the Trustee receives written notice of revocation before a date and time therefor identified by the Company received before 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 on which such the amendment, supplement or waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with the its terms thereof (or if silent as to effectiveness, on the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to such amendment, supplement or waiver) and thereafter binds every Holder. The Company may, but shall not be obligated to, fix a record date (which need not comply with Section 316(c) of the TIA) for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver which record date shall be at least 30 days prior or to the first solicitation of such consenttake any other action under this Indenture. If a record date is fixed, then notwithstanding the second sentence provisions of the immediately preceding paragraph, those Persons who were Holders at such that record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to that amendment, supplement or waiver or to revoke any consent previously given, whether or not such those Persons continue to be Holders after such that record date. No such consent shall be valid or effective for more than 90 days after such that record date. The Company shall inform the Trustee in writing date unless consents from Holders of the fixed record date if applicable. After an amendment, supplement principal amount of Securities required hereunder for that amendment or waiver becomes effective, it to be effective shall bind every Noteholderhave also been given and not revoked within that 90-day period.

Appears in 3 contracts

Samples: Senior Indenture (Post Holdings, Inc.), Indenture (McDermott International Inc), Subordinated Indenture (McDermott International Inc)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note or portion of his Note by notice to its Security if the Trustee and the Company received receives written notice of revocation before the date on which such amendmentthe waiver, supplement or waiver amendment becomes effective. An amendmentamendment waiver, or supplement or waiver becomes effective in accordance with the its terms thereof (or if silent as to effectiveness, on the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to such amendment, supplement or waiver) and thereafter binds every Holder. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the which Holders entitled to must consent to any such amendment, supplement or waiver which waiver. If the Company fixes a record date, the record date shall be fixed at least (i) the later of 30 days prior to the first solicitation of such consentconsent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.5 hereof or (ii) such other date as the Company shall designate. If a record date is fixed, then notwithstanding the second last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment or waiver or revoke any consent previously given, whether or not such Persons persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Company shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every NoteholderHolder, unless such amendment, supplement or waiver makes a change described in any of clauses (i) through (vii) of Section 9.2, in which case, the amendment, supplement or waiver 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 indebtedness as the consenting Holder's Security.

Appears in 3 contracts

Samples: Indenture (Rehabilitation Associates of Lafayette Inc), Indenture (Beverly Enterprises Inc), Indenture (Beverly Enterprises Inc /De/)

Revocation and Effect of Consents. Until an amendment, amendment or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note that Security or portion of a Note that Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. HoweverSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to his Note such Holder's Security or portion of his Note such Security by notice to the Trustee and or the Company received before the date on which such amendment, supplement or waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with the terms thereof (or if silent as to effectiveness, on the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Notes Securities have consented (and not theretofore revoked such consent) to such the amendment, supplement or waiver) 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 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 consentwaiver. If a record date is fixed, then then, notwithstanding the second last sentence of the immediately preceding paragraph, those Persons persons who were Holders of Securities at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons 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. The Company shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Noteholder.

Appears in 3 contracts

Samples: Indenture (Fedders Corp /De), Indenture (Fedders North America Inc), Indenture (West Texas & Lubbock Railroad Co Inc)

Revocation and Effect of Consents. Until an amendment, amendment or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note that Security or portion of a Note that Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. HoweverSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to his Note such Holder's Security or portion of his Note such Security by notice to the Trustee and or the Company Issuers received before the date on which such amendment, supplement or waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with the terms thereof (or if silent as to effectiveness, on the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Notes Securities have consented (and not theretofore revoked such consent) to such the amendment, supplement or waiver) and thereafter binds every Holder. The Company Issuers 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 consentwaiver. If a record date is fixed, then then, notwithstanding the second last sentence of the immediately preceding paragraph, those Persons persons who were Holders of Securities at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons persons continue to be Holders of such Securities after such record 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. After an amendment, supplement or waiver becomes effective, it shall bind every Noteholder.

Appears in 2 contracts

Samples: Indenture (Graham Packaging Holdings Co), Indenture (Graham Packaging Holdings Co)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a A consent to it an amendment (which includes a supplement) or waiver by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note Security of any series or portion of a Note Security of such series that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note or her Security or portion of his Note by a Security if the Trustee receives written notice of revocation at any time pror to (but not after) the date the 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 Trustee and the Company received before the date on which such amendment, supplement or waiver becomes effectivewaiver. An amendment, supplement or waiver becomes effective in accordance with the its terms thereof (or if silent as to effectiveness, on the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to such amendment, supplement or waiver) 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 amendment or waiver which record date shall be at least 30 days prior or to take any other action with respect to the first solicitation Securities of such consentany series under this Indenture. If a record date is fixed, then notwithstanding the second sentence provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Company shall inform the Trustee in writing date unless consents from Holders of the fixed record date if applicable. After an amendment, supplement principal amount of the Securities of such series required hereunder for such amendment or waiver becomes effective, it to be effective shall bind every Noteholderhave also been given and not revoked within such 90-day period.

Appears in 2 contracts

Samples: Indenture (R&b Falcon Corp), Indenture (R&b Falcon Corp)

Revocation and Effect of Consents. Until to an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is of a continuing consent by Security shall bind the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, until an amendment, supplement or waiver becomes effective, any such Holder or subsequent Holder may revoke the consent as to his Note its Security or portion of his Note by notice a Security. For such revocation to be effective, the Trustee and must receive the Company received notice of revocation before the date on which such the amendment, supplement or waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with the terms thereof (or if silent as to effectiveness, on the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to such amendment, supplement or waiver) 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 amendmentamendment or waiver. If the Company elects to fix a record date for such purpose, supplement or waiver which the record date shall be fixed at least (i) the later of 30 days prior to the first solicitation of such consentconsent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.5, or (ii) such other date as the Company shall designate. If a record date is fixed, then notwithstanding the second sentence provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Company shall inform date unless consent from the Trustee in writing Holders of the fixed record date if applicable. After an amendment, supplement principal amount of Securities required hereunder for such amendment or waiver becomes effective, it to be effective also shall bind every Noteholderhave been given and not revoked within such 90-day period.

Appears in 2 contracts

Samples: Indenture (Chesapeake Gas Development Corp), Indenture (Chesapeake Gas Development Corp)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note that Security or portion of a Note that Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note Security or portion of his Note by notice to a Security. Such revocation shall be effective only if the Trustee and receives the Company received notice of revocation before the date on which such the amendment, supplement or waiver becomes effective. An amendmentNotwithstanding the above, supplement or waiver becomes effective nothing in accordance with this paragraph shall impair the terms thereof right of any Securityholder under (or if silent as to effectiveness, on the date on which the Trustee receives an Officers’ Certificate certifying that the Holders S)316(b) of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to such amendment, supplement or waiver) and thereafter binds every HolderTIA. 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 10 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the second sentence and third sentences of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such Such consent shall be valid or effective only for more than actions taken within 90 days after such record date. The Company shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Noteholder.

Appears in 2 contracts

Samples: Indenture (Uih Australia Pacific Inc), Indenture (Navistar International Corp /De/New)

Revocation and Effect of Consents. Until an amendment, amendment or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note such Se- curity or portion of a Note such Security that evidences the same debt as the consenting con- senting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke in writing the consent as to his Note Security or portion of his Note by notice to a Security. Such revocation shall be effective only if the Trustee and receives the Company received before written notice of revocation be- fore the date on which such the amendment, supplement or waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with the terms thereof (or if silent as to effectiveness, on the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to such amendment, supplement or waiver) 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 sup- plement or waiver which record date shall be at least 30 days prior to the first solicitation solicita- tion of such consent. If a record date is fixed, then notwithstanding the second sentence last two sentences of the immediately preceding paragraph, those Persons persons who were Holders at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue persons con- tinue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Company shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind ev- ery Holder of a Security of such Series, unless it makes a change described in any of clauses (1) through (7) of Section 9.02. In that case the amendment, supplement or waiver shall bind each Holder of a Security who has consented to it and every Noteholdersubsequent Holder of a Security or portion of a Security of the same Series that evidences the same debt as the consenting Holder's Security.

Appears in 2 contracts

Samples: Subordinated Indenture (Coastal Corp), Subordinated Indenture (Coastal Corp)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to his Note or portion of his its Note by written notice to the Trustee and the Company received before the date on which the Trustee, and if such amendment, waiver or supplement or waiver becomes effective. An amendmentrelates to any Collateral Agreement, supplement or waiver becomes effective in accordance with the terms thereof (or if silent as to effectivenessCollateral Agent, on the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to such the amendment, supplement or waiver) . 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 consentwaiver. If a record date is fixed, then notwithstanding the second sentence provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Company shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Noteholder.

Appears in 2 contracts

Samples: Indenture (Gastar Exploration USA, Inc.), Indenture (Gastar Exploration LTD)

Revocation and Effect of Consents. Until an amendment, amendment or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note such Se- curity or portion of a Note such Security that evidences the same debt as the consenting con- senting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke in writing the consent as to his Note Security or portion of his Note by notice to a Security. Such revocation shall be effective only if the Trustee and receives the Company received before written notice of revocation be- fore the date on which such the amendment, supplement or waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with the terms thereof (or if silent as to effectiveness, on the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to such amendment, supplement or waiver) 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 sup- plement or waiver which record date shall be at least 30 days prior to the first solicitation solicita- tion of such consent. If a record date is fixed, then notwithstanding the second sentence last two sentences of the immediately preceding paragraph, those Persons persons who were Holders at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue persons con- tinue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Company shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Noteholderev- ery Holder of a Security of such Series, unless it makes a change described in any of clauses (1) through (6) of Section 9.

Appears in 2 contracts

Samples: Indenture (Coastal Corp), Indenture (Coastal Corp)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder holder is a continuing consent by the Holder holder and every subsequent Holder holder of a Note or portion of a Note that evidences the same debt as the consenting Holderholder’s Note, even if notation of the consent is not made on any Note. However, any such Holder holder or subsequent Holder holder may revoke the consent as to his Note or portion of his Note by notice to the Trustee and the Company received before the date on which such amendment, supplement or waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with the terms thereof (or if silent as to effectiveness, on the date on which the Trustee receives an Officers’ Officer’s Certificate certifying that the Holders holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to such amendment, supplement or waiver) and thereafter binds every Holderholder. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders holders entitled to consent to any amendment, supplement or waiver which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the second sentence of the immediately preceding paragraph, those Persons who were Holders holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders holders after such record date. No such consent shall be valid or effective for more than 90 120 days after such record date. The Company shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Noteholdernoteholder.

Appears in 2 contracts

Samples: Indenture (Western Digital Corp), Indenture (WD Media, LLC)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note that Security or portion of a Note that Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. HoweverSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to his Note such Holder's Security or portion of his Note such Security by notice to the Trustee and or the Company received before the date on which such amendment, supplement or waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with the terms thereof (or if silent as to effectiveness, on the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Notes Securities have consented (and not theretofore revoked such consent) to such the amendment, supplement or waiver) 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 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 consentwaiver. If a record date is fixed, then then, notwithstanding the second last sentence of the immediately preceding paragraph, those Persons persons who were Holders of Securities at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons persons continue to be Holders of such Securities after such record 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. After an amendment, supplement or waiver becomes effective, it shall bind every Noteholder.

Appears in 2 contracts

Samples: Indenture (Falcon Products Inc /De/), Indenture (Scot Inc)

Revocation and Effect of Consents. Until an amendment, amendment or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note that Security or portion of a Note that Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. HoweverSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to his Note such Holder's Security or portion of his Note such Security by notice to the Trustee and or the Company received before the date on which such amendment, supplement or waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with the terms thereof (or if silent as to effectiveness, on the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Notes Securities have consented (and not theretofore revoked such consent) to such the amendment, supplement or waiver) 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 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 consentwaiver. If a record date is fixed, then then, notwithstanding the second last sentence of the immediately preceding paragraph, those Persons persons who were Holders of Securities at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons persons continue to be Holders of such Securities after such record date. No such consent shall be valid or effective for more than 90 120 days after such record date. The Company shall inform the Trustee in writing of the fixed record date if applicable. After an amendment(except as to any supplemental indenture, supplement agreement or instrument or waiver becomes effectiveentered into, it shall bind every Noteholderor any other action taken in respect of such consent, prior to the expiration of such 120 day period).

Appears in 2 contracts

Samples: Indenture (Gentek Inc), Indenture (General Chemical Group Inc)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note Security or portion of his Note Security by written notice to the Trustee and 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 such amendment, supplement or waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with the terms thereof (or if silent as to effectiveness, on the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Notes Securities have consented (and not theretofore revoked such consent) to such the amendment, supplement or waiver) 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 waiver, which record date shall be at least 30 days prior to the first solicitation date so fixed by the Company notwithstanding the provisions of such consentthe TIA. If a record date is fixed, then notwithstanding the second last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date date, and only those Persons (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, regardless of whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Company shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every NoteholderSecurityholder; provided that any such waiver shall not impair or affect the right of any Holder to receive payment of principal and premium of and interest on a Security, on or after the respective dates set for such amounts to become due and payable expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates.

Appears in 2 contracts

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

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his Note or portion of his Note by written notice to the Trustee and 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 such amendment, supplement or waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with the terms thereof (or if silent as to effectiveness, on the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to such the amendment, supplement or waiver) 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 waiver, which record date shall be at least 30 days prior to the first solicitation date so fixed by the Company notwithstanding the provisions of such consentthe TIA. If a record date is fixed, then notwithstanding the second last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date date, and only those Persons (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, regardless of whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Company shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Noteholder; provided that any such waiver shall not impair or affect the right of any Holder to receive payment of principal and premium of and interest on a Note, on or after the respective dates set for such amounts to become due and payable expressed in such Note, or to bring suit for the enforcement of any such payment on or after such respective dates.

Appears in 2 contracts

Samples: Indenture (Transamerican Refining Corp), Indenture (Transamerican Refining Corp)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note that Security or portion of a Note that Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note Security or portion of his Note by notice to a Security. Such revocation shall be effective only if the Trustee and receives the Company received notice of revocation before the date on which such the amendment, supplement or waiver becomes effective. An amendmentNotwithstanding the above, supplement or waiver becomes effective nothing in accordance with this paragraph shall impair the terms thereof (or if silent as to effectiveness, on the date on which the Trustee receives an Officers’ Certificate certifying that the Holders right of any Securityholder under Section 316(b) of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to such amendment, supplement or waiver) and thereafter binds every HolderTIA. 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 10 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the second sentence and third sentences of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such Such consent shall be valid or effective only for more than actions taken within 90 days after such record date. The Company shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Noteholder.

Appears in 2 contracts

Samples: Indenture (Big Flower Press Holdings Inc), Indenture (Big Flower Press Holdings Inc /Pred/)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note such Holder’s Security or portion of his Note by notice to a Security if the Trustee receives written notice of revocation before a date and time therefor identified by the Company received before 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 on which such the amendment, supplement or waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with the its terms thereof (or if silent as to effectiveness, on the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to such amendment, supplement or waiver) and thereafter binds every Holder. The Company may, but shall not be obligated to, fix a record date (which need not comply with Section 316(c) of the TIA) for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver which record date shall be at least 30 days prior or to the first solicitation of such consenttake any other action under this Indenture. If a record date is fixed, then notwithstanding the second sentence provisions of the immediately preceding paragraph, those Persons who were Holders at such that record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to that amendment, supplement or waiver or to revoke any consent previously given, whether or not such those Persons continue to be Holders after such that record date. No such consent shall be valid or effective for more than 90 days after such that record date. The Company shall inform the Trustee in writing date unless consents from Holders of the fixed record date if applicable. After an amendment, supplement principal amount of Securities required hereunder for that amendment or waiver becomes effective, it to be effective shall bind every Noteholderhave also been given and not revoked within that 90-day period.

Appears in 2 contracts

Samples: Indenture (Helix Energy Solutions Group Inc), Subordinated Indenture (Helix Energy Solutions Group Inc)

Revocation and Effect of Consents. Until an amendment, amendment or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note such Security or portion of a Note such Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke in writing the consent as to his Note Security or portion of his Note by notice to a Security. Such revocation shall be effective only if the Trustee and receives the Company received written notice of revocation before the date on which such the amendment, supplement or waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with the terms thereof (or if silent as to effectiveness, on the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to such amendment, supplement or waiver) 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 notwithstanding the second sentence last two sentences of the immediately preceding paragraph, those Persons persons who were Holders at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons persons continue to be Holders after such record date. No such 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. After an amendment, supplement or waiver becomes effective, it shall bind every Noteholder.

Appears in 2 contracts

Samples: Indenture (Forest Oil Corp), Subordinated Indenture (Forest Oil Corp)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a that Note or portion of a that Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his Note or portion of his Note by notice to a Note. Such revocation shall be effective only if the Trustee and receives the Company received notice of revocation before the date on which such the amendment, supplement or waiver becomes effective. An amendmentNotwithstanding the above, supplement or waiver becomes effective nothing in accordance with this paragraph shall impair the terms thereof (or if silent as to effectiveness, on the date on which the Trustee receives an Officers’ Certificate certifying that the Holders right of any Securityholder under Section 316(b) of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to such amendment, supplement or waiver) and thereafter binds every HolderTIA. 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 10 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the second sentence and third sentences of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such Such consent shall be valid or effective only for more than actions taken within 90 days after such record date. The Company shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Noteholder.

Appears in 2 contracts

Samples: Indenture (Webcraft LLC), Indenture (USA Direct, LLC)

Revocation and Effect of Consents. Subject to this Indenture, each amendment, supplement or waiver evidencing other action shall become effective in accordance with its terms. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder of a Security of any series is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any NoteSecurity. However, any Any such Holder or subsequent Holder Holder, however, may revoke the consent as to his Note Security or portion of his Note by notice to a Security, if the Trustee and receives the Company received notice of revocation before the date on which such the amendment, supplement waiver or waiver other action becomes effective. An amendment, supplement or waiver becomes effective in accordance with the terms thereof (or if silent as to effectiveness, on the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to such amendment, supplement or waiver) 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 consentwaiver. If a record date is fixed, then notwithstanding the second sentence provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), ) and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Company shall inform the Trustee in writing date unless consent from Holders of the fixed record date if applicable. After an principal amount of Securities of any series then outstanding required hereunder for such amendment, supplement or waiver becomes effective, it to be effective shall bind every Noteholderhave also been given and not revoked within such 90-day period.

Appears in 2 contracts

Samples: Indenture (Assisted Living Concepts Inc), Indenture (Assisted Living Concepts Inc)

Revocation and Effect of Consents. Until to an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is of a continuing consent by Security shall bind the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, until an amendment, supplement or waiver becomes effective, any such Holder or subsequent Holder may revoke the consent as to his Note its Security or portion of his Note by notice a Security. For such revocation to be effective, the Trustee and must receive the Company received notice of revocation before the date on which such the amendment, supplement or waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with the terms thereof (or if silent as to effectiveness, on the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to such amendment, supplement or waiver) 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 amendmentamendment or waiver. If the Company elects to fix a record date for such purpose, supplement or waiver which the record date shall be fixed at least (i) the later of 30 days prior to the first solicitation of such consentconsent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.05, or (ii) such other date as the Company shall designate. If a record date is fixed, then notwithstanding the second sentence provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Company shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Noteholder.such

Appears in 1 contract

Samples: Indenture (National Energy Group Inc)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note Security or portion of his Note Security by written notice to the Trustee and 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 such amendment, supplement or waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with the terms thereof (or if silent as to effectiveness, on the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Notes Securities have consented (and not theretofore revoked such consent) to such the amendment, supplement or waiver) 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 waiver, which record date shall be at least 30 days prior to the first solicitation date so fixed by the Company notwithstanding the provisions of such consentthe TIA. If a record date is fixed, then notwithstanding the second last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date date, and only those Persons (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Company shall inform not impair or affect the Trustee right of any Holder to receive payment of principal and premium of and interest on a Security, on or after the respective dates set for such amounts to become due and payable expressed in writing such Security, or to bring suit for the enforcement of the fixed record date if applicable. After an amendment, supplement any such payment on or waiver becomes effective, it shall bind every Noteholderafter such respective dates.

Appears in 1 contract

Samples: Indenture (United States Filter Corp)

Revocation and Effect of Consents. Until to an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is of a continuing consent by Note shall bind the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. However, until an amendment, supplement or waiver becomes effective, any such Holder or subsequent Holder may revoke the consent as to his Note or portion of his Note by notice a Note. For such revocation to be effective, the Trustee and must receive the Company received notice of revocation before the date on which such the amendment, supplement or waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with the terms thereof (or if silent as to effectiveness, on the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to such amendment, supplement or waiver) 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 amendmentamendment or waiver. If the Company elects to fix a record date for such purpose, supplement or waiver which the record date shall be fixed at least (i) the later of 30 days prior to the first solicitation of such consentconsent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.05, or (ii) such other date as the Company shall designate. If a record date is fixed, then notwithstanding the second sentence provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Company shall inform date unless consent from the Trustee in writing Holders of the fixed record date if applicable. After an amendment, supplement principal amount of Notes required hereunder for such amendment or waiver becomes effective, it to be effective also shall bind every Noteholderhave been given and not revoked within such 90-day period.

Appears in 1 contract

Samples: Indenture (Giant Industries Inc)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. HoweverSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to his such Holder’s Note or portion of his such Note by notice to the Trustee and or the Company Issuer received before the date on which such amendment, supplement or waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with the terms thereof (or if silent as to effectiveness, on the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to such the amendment, supplement or waiver) . An amendment, supplement or waiver becomes effective upon receipt by the Trustee of such Officers’ Certificate and thereafter binds every Holderevidence of consent by the Holders of the requisite percentage in principal amount of outstanding Notes. The Company Issuer may, but shall not be obligated to, fix a record date Record Date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver waiver, which record date Record Date shall be at least 30 days prior to the first solicitation of such consent. If a record date Record Date is fixed, then notwithstanding the second sentence of the immediately preceding paragraph, those Persons who were Holders at such record date Record Date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record dateRecord Date. No such consent shall be valid or effective for more than 90 days after such record date. The Company shall inform the Trustee in writing Record Date unless consents from Holders of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it requisite percentage in principal amount of outstanding Notes required under this Third Supplemental Indenture for the effectiveness of such consents shall bind every Noteholderhave also been given and not revoked within such 90-day period.

Appears in 1 contract

Samples: Third Supplemental Indenture (Rosetta Resources Inc.)

Revocation and Effect of Consents. Until A consent to an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is of a continuing consent by Note shall bind the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. However, until an amendment, supplement or waiver becomes effective, any such Holder or subsequent Holder may revoke the consent as to his its Note or portion of his Note by notice a Note. For such revocation to be effective, the Trustee and must receive the Company received notice of revocation before the date on which such the amendment, supplement or waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with the terms thereof (or if silent as to effectiveness, on the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to such amendment, supplement or waiver) 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 waiver. If the Company elects to fix a record date for such purpose, the record date shall be fixed at least (i) the later of 30 days prior to the first solicitation of such consentconsent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.07, or (ii) such other date as the Company shall designate. If a record date is fixed, then notwithstanding the second sentence provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Company shall inform date unless consent from the Trustee in writing Holders of the fixed record date if applicableprincipal amount of Notes required hereunder for such amendment, supplement or waiver to be effective also shall have been given and not revoked within such 90-day period. After an amendment, supplement or waiver becomes effective, it shall bind every NoteholderHolder.

Appears in 1 contract

Samples: Indenture (Rave Restaurant Group, Inc.)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his its Note or portion of his Note by notice to if the Trustee and the Company received receives written notice of revocation before the date on which such amendmentthe waiver, supplement or waiver amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with the its terms thereof (or if silent as to effectiveness, on the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to such amendment, supplement or waiver) and thereafter binds every Holder. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the which Holders entitled to must consent to any amendmentsuch amendment or waiver. If the Company fixes a record date, supplement or waiver which the record date shall be fixed at least the later of (a) 30 days prior to the first solicitation of such consentconsent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.5 or (b) such other date as the Company shall lawfully designate. If a record date is fixed, then notwithstanding the second sentence of the immediately preceding paragraph, those Persons who were Holders held Notes at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Company shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Noteholder.,

Appears in 1 contract

Samples: Indenture (Caraustar Industries Inc)

Revocation and Effect of Consents. Section 904 of the Indenture is hereby amended by adding thereto the following: Subject to this Indenture, each amendment, supplement or waiver evidencing other action shall become effective in accordance with its terms. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any NoteSecurity. However, any Any such Holder or subsequent Holder Holder, however, may revoke the consent as to his Note Security or portion of his Note by notice to a Security, if the Trustee and receives the Company received notice of revocation before the date on which such the amendment, supplement waiver or waiver other action becomes effective. An amendment, supplement or waiver becomes effective in accordance with the terms thereof (or if silent as to effectiveness, on the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to such amendment, supplement or waiver) 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 consentwaiver. If a record date is fixed, then notwithstanding the second sentence provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), ) and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Company shall inform the Trustee in writing date unless consent from Holders of the fixed record date if applicableprincipal amount of Securities then outstanding required hereunder for such amendment, supplement or waiver to be effective shall have also been given and not revoked within such 90-day period. After an amendment, supplement waiver or waiver other action becomes effective, pursuant to Section 901 or 902, as the case may be, it shall bind every NoteholderHolder of a Security.

Appears in 1 contract

Samples: Third Supplemental Indenture (Health & Retirement Properties Trust)

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Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his Note or portion of his Note by written notice to the Trustee and 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 such amendment, supplement or waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with the terms thereof (or if silent as to effectiveness, on the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to such the amendment, supplement or waiver) and thereafter binds every Holder. The Company may, but shall not be obligated to, fix a record date Record Date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver waiver, which record date 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 Record Date is fixed, then notwithstanding the second last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date Record Date, and only those Persons (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, regardless of whether or not such Persons continue to be Holders after such record 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 applicableRecord Date. After an amendment, supplement or waiver becomes effective, it shall bind every Noteholder; provided that any such waiver shall not impair or affect the right of any Holder to receive payment of principal and premium of and interest on a Note, on or after the respective dates set for such amounts to become due and payable expressed in such Note, or to bring suit for the enforcement of any such payment on or after such respective dates.

Appears in 1 contract

Samples: Indenture (Transamerican Energy Corp)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his Note or portion of his Note by written notice to the Trustee and or the Company received before the date on which such amendment, supplement or waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with the terms thereof (or if silent as to effectiveness, on the date on which the Trustee receives an Officers’ Officer’s Certificate of the Company certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to such the amendment, supplement or waiver) 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 consentwaiver. If a record date is fixed, then notwithstanding the second last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Company shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Noteholder.Holder, unless it makes a change referred to in any of clauses (1) through (9) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has

Appears in 1 contract

Samples: Indenture (Pilgrims Pride Corp)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to his its Note or portion of his Note by notice to if the Trustee and the Company received receives written notice of revocation before the date on which such amendmentthe waiver, supplement or waiver amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with the its terms thereof (or if silent as to effectiveness, on the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to such amendment, supplement or waiver) 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 notwithstanding the second sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, Persons shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Company shall inform the Trustee in writing of the fixed record date date, if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Noteholder.

Appears in 1 contract

Samples: Indenture (Dynegy Inc /Il/)

Revocation and Effect of Consents. Until an amendment, amendment or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note that Security or portion of a Note that Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any Notesuch Security. HoweverSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to his Note such Holder's Security or portion of his Note such Security by notice to the Trustee and or the Company received before the date on which such amendment, supplement or waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with the terms thereof (or if silent as to effectiveness, on the date on which the Trustee receives an Officers’ Officer's Certificate certifying that the Holders of the requisite principal amount of Notes Securities have consented (and not theretofore revoked such consent) to such the amendment, supplement or waiver) 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 consentwaiver. If a record date is fixed, then then, notwithstanding the second last sentence of the immediately preceding paragraph, those Persons persons who were Holders at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to 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. The Company shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every NoteholderHolder.

Appears in 1 contract

Samples: Indenture (Brand Scaffold Services Inc)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his its Note or portion of his Note by notice to if the Trustee and the Company received receives written notice of revocation before the date on which such amendmentthe waiver, supplement or waiver amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with the its terms thereof (or if silent as to effectiveness, on the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to such amendment, supplement or waiver) and thereafter binds every Holder. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the which Holders entitled to must consent to any amendmentsuch amendment or waiver. If the Company fixes a record date, supplement or waiver which then the record date shall be fixed at least the later of (i) 30 days prior to the first solicitation of such consentconsent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.06, or (ii) such other date as the Company shall lawfully designate. If a record date is fixed, then notwithstanding the second sentence of the immediately preceding paragraph, those Persons who were Holders held Notes at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously givengiven or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be 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. After an amendment, supplement or waiver becomes effective, it shall bind every Noteholder.

Appears in 1 contract

Samples: Indenture (United Community Banks Inc)

Revocation and Effect of Consents. Until an amendment, amendment or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note that Security or portion of a Note that Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent is not made on any Notesuch Security. HoweverSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to his Note such Holder’s Security or portion of his Note such Security by notice to the Trustee and or the Company received before the date on which such amendment, supplement or waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with the terms thereof (or if silent as to effectiveness, on the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite aggregate principal amount of Notes Securities have consented (and not theretofore revoked such consent) to such the amendment, supplement or waiver) 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 consentwaiver. If a record date is fixed, then then, notwithstanding the second last sentence of the immediately preceding paragraph, those Persons persons who were Holders at such record date (or their duly designated proxies), and only those 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. The Company shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every NoteholderHolder.

Appears in 1 contract

Samples: Indenture (Hard Rock Hotel Inc)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note that Security or portion of a Note that Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note Security or portion of his Note by notice to a Security. Such revocation shall be effective only if the Trustee and receives the Company received notice of revocation before the date on which such the amendment, supplement or waiver becomes effective. An amendmentNotwithstanding the above, supplement or waiver becomes effective nothing in accordance with this paragraph shall impair the terms thereof (or if silent as to effectiveness, on the date on which the Trustee receives an Officers’ Certificate certifying that the Holders right of any Securityholder under ss. 316(b) of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to such amendment, supplement or waiver) and thereafter binds every HolderTIA. 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 10 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the second sentence and third sentences of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such Such consent shall be valid or effective only for more than actions taken within 90 days after such record date. The Company shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Noteholder.

Appears in 1 contract

Samples: Indenture (Aes Corporation)

Revocation and Effect of Consents. Until an amendment, amendment or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note that Security or portion of a Note that Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. HoweverSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to his Note such Holder's Security or portion of his Note such Security by notice to the Trustee and or the Company received before the date on which such amendment, supplement or waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with the terms thereof (or if silent as to effectiveness, on the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Notes Securities have consented (and not theretofore revoked such consent) to such the amendment, supplement or waiver) and thereafter binds every Holder. The Company Issuers 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 consentwaiver. If a record date is fixed, then then, notwithstanding the second last sentence of the immediately preceding paragraph, those Persons persons who were Holders of Securities at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons persons continue to be Holders of such Securities after such record 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. After an amendment, supplement or waiver becomes effective, it shall bind every Noteholder.

Appears in 1 contract

Samples: Indenture (Digital Television Services of Kansas LLC)

Revocation and Effect of Consents. Until an amendment, amendment or waiver or supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s NoteXxxxxx's Security, even if notation of the consent is not made on any NoteSecurity. However, prior to becoming effective, any such Holder or subsequent Holder may revoke the consent as to his Note Security or portion of his Note by notice to a Security if the Trustee and receives the Company received notice of revocation before the date on which such amendment, supplement or waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with the terms thereof (or if silent as to effectiveness, on the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Notes Securities have consented (and not theretofore revoked such consent) to such amendment, supplement the amendment or waiver) and thereafter binds every Holder. The Company may, but shall not be obligated to, fix may set a record date for the purpose of determining the Holders entitled to consent to any amendmentamendment or waiver. If the Company sets such a record date, supplement or waiver which such record date shall be at least the later of (i) 30 days prior to the first solicitation of such consentconsent or (ii) the date of the most recent list of Holders furnished to the Trustee pursuant to Section 2.5 prior to such solicitation. If a record date is fixedset, then notwithstanding the second sentence provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Company shall inform the Trustee in writing date unless consents from Holders of the fixed record date if applicable. After an amendment, supplement principal amount of Securities required hereunder for such amendment or waiver becomes effective, it to be effective shall bind every Noteholderhave also been given and not revoked within such 90-day period.

Appears in 1 contract

Samples: Indenture (SFW Holding Corp)

Revocation and Effect of Consents. Until an amendment, amendment or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note that Security or portion of a Note that Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any Notesuch Security. HoweverSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to his Note such Holder's Security or portion of his Note such Security by notice to the Trustee and or the Company received before the date on which such amendment, supplement or waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with the terms thereof (or if silent as to effectiveness, on the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Notes Securities have consented (and not theretofore revoked such consent) to such the amendment, supplement or waiver) 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 consentwaiver. If a record date is fixed, then then, notwithstanding the second last sentence of the immediately preceding paragraph, those Persons persons who were Holders at such record date (or their duly designated proxies), and only those 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. The Company shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every NoteholderHolder.

Appears in 1 contract

Samples: Indenture (Hard Rock Hotel Inc)

Revocation and Effect of Consents. Until an amendment, amendment or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note that Security or portion of a Note that Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. HoweverSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to his Note such Holder's Security or portion of his Note such Security by notice to the Trustee and or the Company received before the date on which such amendment, supplement or waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with the terms thereof (or if silent as to effectiveness, on the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount at maturity of Notes Securities have consented (and not theretofore revoked such consent) to such the amendment, supplement or waiver) 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 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 consentwaiver. If a record date is fixed, then then, notwithstanding the second last sentence of the immediately preceding paragraph, those Persons persons who were Holders of Securities at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons persons continue to be Holders of such Securities after such record 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. After an amendment, supplement or waiver becomes effective, it shall bind every Noteholder.

Appears in 1 contract

Samples: Indenture (Tci Satellite Entertainment Inc)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. HoweverSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to his such Holder’s Note or portion of his such Note by notice to the Trustee and or the Company Issuer received before the date on which such amendment, supplement or waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with the terms thereof (or if silent as to effectiveness, on the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to such the amendment, supplement or waiver) . An amendment, supplement or waiver becomes effective upon receipt by the Trustee of such Officers’ Certificate and thereafter binds every Holderevidence of consent by the Holders of the requisite percentage in principal amount of outstanding Notes. The Company Issuer may, but shall not be obligated to, fix a record date Record Date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver waiver, which record date Record Date shall be at least 30 days prior to the first solicitation of such consent. If a record date Record Date is fixed, then notwithstanding the second sentence of the immediately preceding paragraph, those Persons who were Holders at such record date Record Date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record dateRecord Date. No such consent shall be valid or effective for more than 90 days after such record date. The Company shall inform the Trustee in writing Record Date unless consents from Holders of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it requisite percentage in principal amount of outstanding Notes required under this First Supplemental Indenture for the effectiveness of such consents shall bind every Noteholderhave also been given and not revoked within such 90-day period.

Appears in 1 contract

Samples: First Supplemental Indenture (Rosetta Resources Inc.)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a that Note or portion of a that Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his Note or portion of his Note by notice to a Note. Such revocation shall be effective only if the Trustee and receives the Company received notice of revocation before the date on which such the amendment, supplement or waiver becomes effective. An amendmentNotwithstanding the above, supplement or waiver becomes effective nothing in accordance with this paragraph shall impair the terms thereof (or if silent as to effectiveness, on the date on which the Trustee receives an Officers’ Certificate certifying that the Holders right of any Securityholder under § 316(b) of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to such amendment, supplement or waiver) and thereafter binds every HolderTIA. 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 10 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the second sentence and third sentences of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such Such consent shall be valid or effective only for more than actions taken within 90 days after such record date. The Company shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Noteholder.Securityholder unless it makes a change described in any of clauses (a) through (l) of

Appears in 1 contract

Samples: Indenture (Vertis Inc)

Revocation and Effect of Consents. Until an amendment, amendment or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note that Security or portion of a Note that Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. HoweverSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to his Note such Holder's Security or portion of his Note such Security by written notice to the Trustee and or the Company received before the date on which such amendment, supplement or waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with the terms thereof (or if silent as to effectiveness, on the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount at maturity of Notes Securities have consented (and not theretofore revoked such consent) to such the amendment, supplement or waiver) 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 consentwaiver. If a record date is fixed, then then, notwithstanding the second last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Company shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Noteholder.

Appears in 1 contract

Samples: Indenture (Triton PCS Inc)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note that Security or portion of a Note that Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note Security or portion of his Note by notice to a Security. Such revocation shall be effective only if the Trustee and receives the Company received notice of revocation before the date on which such the amendment, supplement or waiver becomes effective. An amendmentNot- withstanding the above, supplement or waiver becomes effective nothing in accordance with this paragraph shall impair the terms thereof right of any Securityholder under (or if silent as to effectiveness, on the date on which the Trustee receives an Officers’ Certificate certifying that the Holders S)316(b) of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to such amendment, supplement or waiver) and thereafter binds every HolderTIA. 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 10 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the second sentence and third sentences of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such Such consent shall be valid or effective only for more than actions taken within 90 days after such record date. The Company shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Noteholder.

Appears in 1 contract

Samples: Indenture (Navistar Financial Corp)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note that Security or portion of a Note that Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note Security or portion of his Note by notice to a Security. Such revocation shall be effective only if the Trustee and receives the Company received notice of revocation before the date on which such the amendment, supplement or waiver becomes effective. An amendmentNotwithstanding the above, supplement or waiver becomes effective nothing in accordance with this paragraph shall impair the terms thereof right of any Securityholder under (or if silent as to effectiveness, on the date on which the Trustee receives an Officers’ Certificate certifying that the Holders S) 316(b) of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to such amendment, supplement or waiver) and thereafter binds every HolderTIA. 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 10 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the second sentence and third sentences of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such Such consent shall be valid or effective only for more than actions taken within 90 days after such record date. The Company shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Noteholder.

Appears in 1 contract

Samples: Indenture (Navistar International Corp /De/New)

Revocation and Effect of Consents. Until A consent to an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is of a continuing consent by Security shall bind the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent is not made on any NoteSecurity. However, until an amendment, supplement or waiver becomes effective, any such Holder or subsequent Holder may revoke the consent as to his Note its Security or portion of his Note by notice a Security. For such revocation to be effective, the Trustee and must receive the Company received notice of revocation before the date on which such the amendment, supplement or waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with the terms thereof (or if silent as to effectiveness, on the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to such amendment, supplement or waiver) 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 waiver. If the Company elects to fix a record date for such purpose, the record date shall be fixed at least (i) the later of 30 days prior to the first solicitation of such consentconsent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.05, or (ii) such other date as the Company shall designate. If a record date is fixed, then notwithstanding the second sentence provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Company shall inform date unless consent from the Trustee in writing Holders of the fixed record date if applicable. After an amendment, supplement principal amount of Securities required hereunder for such amendment or waiver becomes effective, it to be effective also shall bind every Noteholder.have been given and not revoked within such 90-day period. [[NYCORP:2552346v6:4259b:11/07/05--10:59 p]]

Appears in 1 contract

Samples: Indenture (Chesapeake Energy Corp)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to his its Note or portion of his Note by notice to if the Trustee and the Company received Collateral Agent receives written notice of revocation before the earlier of the date the waiver, supplement or amendment becomes effective and the date on which such amendment, supplement or waiver becomes effectivethe Trustee and the Collateral Agent receives an Officer’s Certificate from the Issuers certifying that the requisite principal amount of Notes have consented. An amendment, supplement or waiver becomes effective in accordance with the its terms thereof (or if silent as to effectiveness, on the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to such amendment, supplement or waiver) and thereafter binds every Holder. 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 supplement, or waiver which record date shall be at least 30 days prior to the first solicitation of such consentwaiver. If a record date is fixed, then then, notwithstanding the second sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those such Persons, shall be entitled to consent to such amendment, supplement, or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 120 days after such record date. The Company shall inform date unless the Trustee in writing consent of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Noteholderrequisite principal amount of Notes has been obtained.

Appears in 1 contract

Samples: Indenture (OUTFRONT Media Inc.)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a that Note or portion of a that Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his Note or portion of his Note by notice to a Note. Such revocation shall be effective only if the Trustee and receives the Company received notice of revocation before the date on which such the amendment, supplement or waiver becomes effective. An amendmentNotwithstanding the above, supplement or waiver becomes effective nothing in accordance with this paragraph shall impair the terms thereof (or if silent as to effectiveness, on the date on which the Trustee receives an Officers’ Certificate certifying that the Holders right of any Securityholder under Section 316(b) of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to such amendment, supplement or waiver) and thereafter binds every HolderTIA. 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 10 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the second sentence and third sentences of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such Such consent shall be valid or effective only for more than actions taken within 90 days after such record date. The Company shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Noteholder.

Appears in 1 contract

Samples: Indenture (Big Flower Digital Services Delaware Inc)

Revocation and Effect of Consents. Until an amendment, amendment or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note that Security or portion of a Note that Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent is not made on any NoteSecurity. HoweverSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to his Note such Holder’s Security or portion of his Note such Security by notice to the Trustee and or the Company received before the date on which such amendment, supplement or waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with the terms thereof (or if silent as to effectiveness, on the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes Securities have consented (and not theretofore revoked such consent) to such the amendment, supplement or waiver) 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 consentwaiver. If a record date is fixed, then then, notwithstanding the second last sentence of the immediately preceding paragraph, those Persons persons who were Holders at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to 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. The Company shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every NoteholderSecurityholder.

Appears in 1 contract

Samples: Indenture (Euramax International PLC)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note that Security or portion of a Note that Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note Security or portion of his Note by notice to a Security. Such revocation shall be effective only if the Trustee and receives the Company received notice of revocation before the date on which such the amendment, supplement or waiver becomes effective. An amendmentNotwithstanding the above, supplement or waiver becomes effective nothing in accordance with this paragraph shall impair the terms thereof right of any Securityholder under (or if silent as to effectiveness, on the date on which the Trustee receives an Officers’ Certificate certifying that the Holders 0) 316(b) of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to such amendment, supplement or waiver) and thereafter binds every HolderTIA. 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 10 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the second sentence and third sentences of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such Such consent shall be valid or effective only for more than actions taken within 90 days after such record date. The Company shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Noteholder.

Appears in 1 contract

Samples: Indenture (Aes Corporation)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a A consent to it an amendment (which includes a supplement) or waiver by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note Security of any series or portion of a Note Security of such series that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note or her Security or portion of his Note by a Security if the Trustee receives written notice of revocation at any time prior to (but not after) the date the 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 Trustee and the Company received before the date on which such amendment, supplement or waiver becomes effectivewaiver. An amendment, supplement or waiver becomes effective in accordance with the its terms thereof (or if silent as to effectiveness, on the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to such amendment, supplement or waiver) 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 amendment or waiver which record date shall be at least 30 days prior or to take any other action with respect to the first solicitation Securities of such consentany series under this Indenture. If a record date is fixed, then notwithstanding the second sentence provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Company shall inform the Trustee in writing date unless consents from Holders of the fixed record date if applicable. After an amendment, supplement principal amount of the Securities of such series required hereunder for such amendment or waiver becomes effective, it to be effective shall bind every Noteholderhave also been given and not revoked within such 90-day period.

Appears in 1 contract

Samples: Indenture (Anadarko Petroleum Corp)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note Security or portion of his Note Security by written notice to the Trustee and 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 such amendment, supplement or waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with the terms thereof (or if silent as to effectiveness, on the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Notes Securities have consented (and not theretofore revoked such consent) to such the amendment, supplement or waiver) 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 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 notwithstanding the second last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date date, and only those Persons (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Company shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Noteholder.

Appears in 1 contract

Samples: Indenture (Smartalk Teleservices Inc)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder and every subsequent Holder of a that Note or portion of a the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any the Note. However, any such Holder or subsequent Holder may revoke the consent as to his its Note or portion of his Note by notice to if the Trustee and the Company received receives written notice of revocation before the date on which such amendmentthe waiver, supplement or waiver amendment becomes effective. An When an amendment, supplement or waiver becomes effective in accordance with the terms thereof (or if silent as to effectivenessits terms, on the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to such amendment, supplement or waiver) and it thereafter binds every Holder. The Company Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the which Holders entitled to consent to any such amendment, supplement or waiver which waiver. If the Issuers fix a record date, the record date shall be fixed at least (i) the later of 30 days prior to the first solicitation of such consentconsent or the date of the most recent list of Holders furnished for the Trustee prior to such solicitation pursuant to Section 2.5 hereof or (ii) such other date as the Issuers shall designate. If a record date is fixed, then then, notwithstanding the second sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those such Persons, shall be entitled to consent to such amendment, supplement, or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Company shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Noteholder.

Appears in 1 contract

Samples: Indenture (APT Sunshine State LLC)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his its Note or portion of his Note by notice to if the Trustee and the Company received receives written notice of revocation before the date on which such amendmentthe waiver, supplement or waiver amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with the its terms thereof (or if silent as to effectiveness, on the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to such amendment, supplement or waiver) and thereafter binds every Holder. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the which Holders entitled to must consent to any amendmentsuch amendment or waiver. If the Company fixes a record date, supplement or waiver which then the record date shall be fixed at least the later of (i) 30 days prior to the first solicitation of such consentconsent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.06, or (ii) such other date as the Company shall lawfully designate. If a record date is fixed, then notwithstanding the second sentence of the immediately preceding paragraph, those Persons who were Holders held Notes at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously givengiven or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be 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. After an amendment, supplement or waiver becomes effective, it shall bind every Noteholder.

Appears in 1 contract

Samples: Indenture (United Community Banks Inc)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note that Security or portion of a Note that Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note Security or portion of his Note by notice to a Security. Such revocation shall be effective only if the Trustee and receives the Company received notice of revocation before the date on which such the amendment, supplement or waiver becomes effective. An amendmentNotwithstanding the above, supplement or waiver becomes effective nothing in accordance with this paragraph shall impair the terms thereof (or if silent as to effectiveness, on the date on which the Trustee receives an Officers’ Certificate certifying that the Holders right of any Securityholder under Sections 316(b) of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to such amendment, supplement or waiver) and thereafter binds every HolderTIA. 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 10 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the second sentence and third sentences of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such Such consent shall be valid or effective only for more than actions taken within 90 days after such record date. The Company shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Noteholder.

Appears in 1 contract

Samples: Indenture (Big Flower Holdings Inc/)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the Note of the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his its Note or portion of his Note by notice to its Note. Such revocation shall be effective only if the Trustee and receives the Company received notice of revocation before the date on which such the amendment, supplement or waiver becomes effective. An amendment, supplement or waiver becomes shall become effective in accordance with the terms thereof (or if silent as respect to effectiveness, any Notes affected thereby on the date on which receipt by the Trustee receives an Officers’ Certificate certifying that of written consents from the requisite Holders of the requisite principal amount of outstanding Notes have consented (and not theretofore revoked such consent) to such amendment, supplement or waiver) and thereafter binds every Holderaffected thereby. The Company may, but shall not be obligated to, fix a record date (which may be not less than five nor more than 60 days prior to the solicitation of consents) for the purpose of determining the Holders of the Notes of any series affected 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 consentwaiver. If a record date is fixed, then then, notwithstanding the second sentence of the immediately preceding paragraph, those Persons who were such Holders at such record date (or their duly designated proxies), ) and only those Persons, 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 such Holders after such record 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. After an amendment, supplement or waiver becomes effective, it shall bind every Noteholder.

Appears in 1 contract

Samples: Indenture (Aes Corp)

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