Common use of Supplemental Agreements with Consent of Holders Clause in Contracts

Supplemental Agreements with Consent of Holders. With the consent of the Holders of not less than a majority in number of the Outstanding Purchase Contracts, the Company, when authorized by a Board Resolution, and the Purchase Contract Agent and Trustee may enter into an one or more agreements supplemental hereto for the purpose of modifying in any manner the terms of the Purchase Contracts, or the provisions of this Agreement or the rights of the Holders in respect of the Purchase Contracts; provided, however, that, except as contemplated herein, no such supplemental agreement shall, without the consent of each Holder of an Outstanding Purchase Contract affected thereby: (i) reduce the number of shares of Common Stock deliverable upon settlement of the Purchase Contracts (except to the extent expressly provided in Section 5.01); (ii) change the Mandatory Settlement Date, or adversely modify the right to settle Purchase Contracts early or the Fundamental Change Early Settlement Right; (iii) impair the right to institute suit for the enforcement of the Purchase Contracts; or (iv) reduce the above-stated percentage of Outstanding Purchase Contracts the consent of the Holders of which is required for the modification or amendment of the provisions of the Purchase Contracts or the Purchase Contract Agreement. It shall not be necessary for any consent of Holders under this Section to approve the particular form of any proposed supplemental agreement, but it shall be sufficient if such consent shall approve the substance thereof.

Supplemental Agreements with Consent of Holders. With the consent of the Holders of not less than a majority in number of the Outstanding Purchase Contracts, the Company, when authorized by a Board Resolution, and the Purchase Contract Agent and Trustee may enter into an one or more agreements supplemental hereto for the purpose of modifying in any manner the terms of the Purchase Contracts, or the provisions of this Agreement or the rights of the Holders in respect of the Purchase Contracts; provided, however, that, except as contemplated herein, no such supplemental agreement shall, without the consent of each Holder of an Outstanding Purchase Contract affected thereby: (i) reduce the number of shares of Common Stock deliverable upon settlement of the Purchase Contracts (except to the extent expressly provided in Section 5.01); (ii) change the Mandatory Settlement Date, or adversely modify the right to settle Purchase Contracts early or the Fundamental Change Early Settlement Right; (iii) impair the right to institute suit for the enforcement of the Purchase Contracts; or (iv) reduce the above-stated percentage of Outstanding Purchase Contracts the consent of the Holders of which is required for the modification or amendment of the provisions of the Purchase Contracts or the Purchase Contract this Agreement. It shall not be necessary for any consent of Holders under this Section to approve the particular form of any proposed supplemental agreement, but it shall be sufficient if such consent shall approve the substance thereof.

Supplemental Agreements with Consent of Holders. With the consent of the Holders of not less than a majority in number of the Outstanding Purchase Contracts, the Company, when authorized by a Board Resolution, and the Purchase Contract Agent and U.S. Trustee may enter into an one or more agreements supplemental hereto for the purpose of modifying in any manner the terms of the Purchase Contracts, or the provisions of this Agreement or the rights of the Holders in respect of the Purchase Contracts; provided, however, that, except as contemplated herein, no such supplemental agreement shall, without the consent of each Holder of an Outstanding Purchase Contract affected thereby: (i) reduce the number of shares of Common Stock Subordinate Voting Shares deliverable upon settlement of the Purchase Contracts (except to the extent expressly provided in Section 5.01); (ii) change the Mandatory Settlement Date, or adversely modify the right to settle Purchase Contracts early or the Fundamental Change Early Settlement Right; (iii) impair the right to institute suit for the enforcement of the Purchase Contracts; or (iv) reduce the above-stated percentage of Outstanding Purchase Contracts the consent of the Holders of which is required for the modification or amendment of the provisions of the Purchase Contracts or the Purchase Contract this Agreement. It shall not be necessary for any consent of Holders under this Section to approve the particular form of any proposed supplemental agreement, but it shall be sufficient if such consent shall approve the substance thereof.

Supplemental Agreements with Consent of Holders. With the consent of the Holders of not less than a majority in number of the Outstanding Purchase Contracts, by Act of said Holders delivered to the Company, the Purchase Contract Agent and the Trustee the Company, when authorized by a Board Resolution, and the Purchase Contract Agent and Trustee may enter into an one agreement or more agreements supplemental hereto for the purpose of modifying in any manner the terms of the Purchase Contracts, or the provisions of this Agreement or the rights of the Holders in respect of the Purchase Contracts; provided, however, that, except as contemplated herein, no such supplemental agreement shall, without the consent of each Holder of an Outstanding outstanding Purchase Contract affected thereby:, (i) reduce the number of shares of Common Stock deliverable upon settlement of the Purchase Contracts (except to the extent expressly provided in Section 5.01); (ii) Contracts, change the Mandatory Settlement Date, or adversely modify the right to settle Purchase Contracts early or the Fundamental Change Early Settlement Right; (iii) impair ; or otherwise adversely affect the right to institute suit for the enforcement of Holder’s rights under the Purchase ContractsContract; or (ivii) reduce the above-stated percentage of Outstanding Purchase Contracts the consent of the Holders of which is required for the modification or amendment of the provisions of the Purchase Contracts or the Purchase Contract Agreement, or (iii) impair the right to institute suit for the enforcement of the Purchase Contract. It shall not be necessary for any consent Act of Holders under this Section to approve the particular form of any proposed supplemental agreement, but it shall be sufficient if such consent Act shall approve the substance thereof.

Supplemental Agreements with Consent of Holders. With the consent of the Holders of not less than a majority in number of the Outstanding Purchase Contracts, the Company, when authorized by a Board Resolution, and the Purchase Contract Agent and Trustee may enter into an one agreement or more agreements supplemental hereto for the purpose of modifying in any manner the terms of the Purchase Contracts, or the provisions of this Agreement or the rights of the Holders in respect of the Purchase Contracts; provided, however, that, except as contemplated herein, no such supplemental agreement shall, without the consent of each Holder of an Outstanding Purchase Contract affected thereby: (i) reduce the number of shares of Class A Common Stock deliverable upon settlement of the Purchase Contracts (except to the extent expressly provided in Section 5.01); (ii) change the Mandatory Settlement Date, or adversely modify the right to settle Purchase Contracts early or the Fundamental Change Early Settlement Right; (iii) reduce the Redemption Amount or impair the right of any Holder to institute suit for receive such amount if the enforcement of Company elects to redeem the Purchase Contracts; orContract in connection with a Merger Termination Redemption; (iv) reduce the above-stated percentage of Outstanding Purchase Contracts the consent of the Holders of which is required for the modification or amendment of the provisions of the Purchase Contracts or the Purchase Contract Agreement; or (v) impair the right to institute suit for the enforcement of the Purchase Contracts. It shall not be necessary for any consent of Holders under this Section to approve the particular form of any proposed supplemental agreement, but it shall be sufficient if such consent shall approve the substance thereof.

Supplemental Agreements with Consent of Holders. With the consent of the Holders of not less than a majority in number of the Outstanding Purchase Contracts, the Company, when authorized by a Board Resolution, and the Purchase Contract Agent and Trustee may enter into an one agreement or more agreements supplemental hereto for the purpose of modifying in any manner the terms of the Purchase Contracts, or the provisions of this Agreement or the rights of the Holders in respect of the Purchase Contracts; provided, however, that, except as contemplated herein, no such supplemental agreement shall, without the consent of each Holder of an Outstanding Purchase Contract affected thereby: (i) reduce the number of shares of Common Stock deliverable upon settlement of the Purchase Contracts (except to the extent expressly provided in Section 5.01); (ii) change the Mandatory Settlement Date, Date or adversely modify make any change to the right provisions relating to settle Purchase Contracts early the Early Settlement Right or the Fundamental Change Early Settlement Right, including Section 4.06 and Section 4.07; (iii) reduce the Merger Redemption Amount or impair the right of any Holder to institute suit for receive such amount if the enforcement of Company elects to redeem the Purchase Contracts; orContracts in connection with a Merger Termination Redemption; (iv) reduce the above-stated percentage of Outstanding Purchase Contracts the consent of the Holders of which is required for the modification or amendment of the provisions of the Purchase Contracts or the Purchase Contract Agreement, or make any change to the provision described in this Section 9.02; or (v) impair the right to institute suit for the enforcement of the Purchase Contracts. It shall not be necessary for any consent of Holders under this Section to approve the particular form of any proposed supplemental agreement, but it shall be sufficient if such consent shall approve the substance thereof.

Supplemental Agreements with Consent of Holders. With the consent of the Holders of not less than a majority in number of the Outstanding Purchase ContractsContracts voting together as one class, by Act of said Holders delivered to the Company, the Purchase Contract Agent and the U.S. Trustee, the Company, when authorized by a Board Resolution, and the Purchase Contract Agent and the U.S. Trustee may enter into an one agreement or more agreements supplemental hereto for the purpose of modifying in any manner the terms of the Purchase Contracts, or the provisions of this Agreement or the rights of the Holders in respect of the Purchase Contracts; provided, further, however, that, except as contemplated herein, no such supplemental agreement shall, without the consent of each Holder of an Outstanding Purchase Contract affected thereby:, (i) reduce the number of shares of Common Stock deliverable upon settlement of the Purchase Contracts (except to the extent expressly provided in Section 5.01)Contracts; (ii) change the Mandatory Settlement Date, or adversely modify the right to settle Purchase Contracts early or the Fundamental Change Early Settlement Right; (iii) impair the right to institute suit for the enforcement of the Purchase Contracts; or (iv) reduce the above-stated percentage of Outstanding Purchase Contracts the consent of the Holders of which is required for the modification or amendment of the provisions of the Purchase Contracts or this Agreement; or (iv) impair the right to institute suit for the enforcement of the Purchase Contract AgreementContracts. ; provided however, that any such modification which adversely affects the Canadian Trustee shall also require the consent of the Canadian Trustee. It shall not be necessary for any consent Act of Holders under this Section to approve the particular form of any proposed supplemental agreement, but it shall be sufficient if such consent Act shall approve the substance thereof.

Supplemental Agreements with Consent of Holders. With the consent of the Holders of not less than a majority in number of the Outstanding Purchase ContractsContracts voting together as one class, by Act of said Holders delivered to the Company and the Agent, the Company, when authorized by a Board Resolution, and the Purchase Contract Agent and Trustee may enter into an one agreement or more agreements supplemental hereto for the purpose of modifying in any manner the terms of the Purchase Contracts, Contracts or the provisions of this Agreement or the rights of the Holders in respect of the Purchase ContractsSecurities (other than the Debentures, which may be modified only in accordance with the applicable provisions of the Indenture; provided, however, that, except as contemplated herein, no such supplemental agreement shall, without the consent of each the Holder of an each Outstanding Purchase Contract Security affected thereby:, (i1) reduce the number of shares of Common Stock deliverable upon settlement of the Purchase Contracts (except to the extent expressly provided in Section 5.01)change any Payment Date; (ii2) change the Mandatory Settlement Date, or adversely modify the right to settle Purchase Contracts early amount or the Fundamental Change Early Settlement Right; (iii) type of Collateral required to be Pledged to secure a Holder's obligations under any Purchase Contract, impair the right of the Holder of any Purchase Contract to institute suit receive distributions on the related Collateral (except for the enforcement rights of the Purchase Contracts; or (iv) reduce the above-stated percentage of Outstanding Purchase Contracts the consent of the Holders of which is required Income PRIDES to substitute the Treasury Securities for the modification or amendment of the provisions of the Purchase Contracts Pledged Debentures or the Purchase Contract Agreement. It shall not be necessary rights of holders of Growth PRIDES to substitute Debentures for any consent of Holders under this Section the Pledged Treasury Securities) or otherwise adversely affect the Holder's rights in or to approve such Collateral or adversely alter the particular form of any proposed supplemental agreement, but it shall be sufficient if rights in or to such consent shall approve the substance thereof.Collateral;

Supplemental Agreements with Consent of Holders. With the consent of the Holders of not less than a majority in number of the Outstanding Purchase Contracts, the Company, when authorized by a Board Resolution, and the Purchase Contract Agent and Trustee may enter into an one or more agreements supplemental hereto for the purpose of modifying in any manner the terms of the Purchase Contracts, or the provisions of this Agreement or the rights of the Holders in respect of the Purchase Contracts; provided, however, that, except as contemplated herein, no such supplemental agreement shall, without the consent of each Holder of an Outstanding Purchase Contract affected thereby: (i) reduce the number of shares of Common Stock deliverable upon settlement of the Purchase Contracts (except to the extent expressly provided in Section 5.01); (ii) change the Mandatory Settlement Date, or adversely modify the right to settle Purchase Contracts early or the Fundamental Change Early Settlement Right; (iii) impair reduce the Redemption Amount or adversely modify the right of any Holder to institute suit for receive such amount if the enforcement of Company elects to redeem the Purchase Contracts; orContract in connection with a Merger Termination Redemption; (iv) reduce the above-stated percentage of Outstanding Purchase Contracts the consent of the Holders of which is required for the modification or amendment of the provisions of the Purchase Contracts or the Purchase Contract Agreement; or (v) impair the right to institute suit for the enforcement of the Purchase Contracts. It shall not be necessary for any consent of Holders under this Section to approve the particular form of any proposed supplemental agreement, but it shall be sufficient if such consent shall approve the substance thereof.

Supplemental Agreements with Consent of Holders. With the consent of the Holders of not less than a majority in number of the Outstanding outstanding Purchase ContractsContracts voting together as one class, by Act of said Holders delivered to the Company and the Purchase Contract Agent, the Company, when authorized by a Board Resolution, and the Purchase Contract Agent and Trustee may enter into an one agreement or more agreements supplemental hereto for the purpose of modifying in any manner the terms of the Purchase Contracts, or the provisions of this Agreement or the rights of the Holders in respect of the Purchase Contracts; provided, however, that, except as contemplated herein, no such supplemental agreement shall, without the consent of each Holder of an Outstanding outstanding Purchase Contract affected thereby:, (i) reduce the number of shares of Common Stock deliverable upon settlement of the Purchase Contracts (except to the extent expressly provided in Section 5.01); (ii) Contracts, change the Mandatory Settlement Date, or adversely modify the right to settle Purchase Contracts early or the Fundamental Change Early Settlement Right; (iii) impair ; or otherwise adversely affect the right to institute suit for the enforcement of Holder’s rights under the Purchase ContractsContract; or (ivii) reduce the above-stated percentage of Outstanding Purchase Contracts the consent of the Holders of which is required for the modification or amendment of the provisions of the Purchase Contracts or the Purchase Contract Agreement, or (iii) impair the right to institute suit for the enforcement of the Purchase Contract. It shall not be necessary for any consent Act of Holders under this Section to approve the particular form of any proposed supplemental agreement, but it shall be sufficient if such consent Act shall approve the substance thereof.

Supplemental Agreements with Consent of Holders. With the consent of the Holders of not less than a majority in number of the Outstanding Purchase Contracts, the Purchase Contract Agent and the Trustee, the Company, when authorized by a Board Resolution, and the Note Issuer, the Purchase Contract Agent and Trustee may enter into an one agreement or more agreements supplemental hereto for the purpose of modifying in any manner the terms of the Purchase Contracts, or the provisions of this Agreement or the rights of the Holders in respect of the Purchase Contracts; provided, however, that, except as contemplated herein, no such supplemental agreement shall, without the consent of each Holder of an Outstanding Purchase Contract affected thereby: (i) reduce the number of shares of Class A Common Stock deliverable upon settlement of the Purchase Contracts (except to the extent expressly provided in Section 5.01); (ii) change the Mandatory Settlement Date, or adversely modify the right to settle Purchase Contracts early or the Fundamental Change Early Settlement Right; (iii) impair the right to institute suit for the enforcement of the Purchase Contracts; or (iv) reduce the above-stated percentage of Outstanding Purchase Contracts the consent of the Holders of which is required for the modification or amendment of the provisions of the Purchase Contracts or the Purchase Contract Agreement; or (iv) impair the right to institute suit for the enforcement of the Purchase Contract. It shall not be necessary for any consent of Holders under this Section to approve the particular form of any proposed supplemental agreement, but it shall be sufficient if such consent shall approve the substance thereof.

Supplemental Agreements with Consent of Holders. With the consent of the Holders of not less than a majority in number of the Outstanding Purchase ContractsContracts voting together as one class, by Act of said Holders delivered to the Company, the Purchase Contract Agent and the Trustee, the Company, when authorized by a Board Resolution, and the Purchase Contract Agent and the Trustee may enter into an one agreement or more agreements supplemental hereto for the purpose of modifying in any manner the terms of the Purchase Contracts, or the provisions of this Agreement or the rights of the Holders in respect of the Purchase Contracts; provided, however, that, except as contemplated herein, no such supplemental agreement shall, without the consent of each Holder of an Outstanding Purchase Contract affected thereby:, (i) reduce the number of shares of Common Stock deliverable upon settlement of the Purchase Contracts (except to the extent expressly provided in Section 5.01); (ii) Contracts; change the Mandatory Settlement Date, or adversely modify the right to settle Purchase Contracts early or the Fundamental Change Early Settlement Right; (iii) impair ; or otherwise adversely affect the right to institute suit for the enforcement of Holder’s rights under the Purchase ContractsContract; or (ivii) reduce the above-stated percentage of Outstanding Purchase Contracts the consent of the Holders of which is required for the modification or amendment of the provisions of the Purchase Contracts or this Agreement or (iii) impair the right to institute suit for the enforcement of the Purchase Contract AgreementContracts. It shall not be necessary for any consent Act of Holders under this Section to approve the particular form of any proposed supplemental agreement, but it shall be sufficient if such consent Act shall approve the substance thereof.

Supplemental Agreements with Consent of Holders. With the consent of the Holders of not less than a majority in number of the Outstanding Purchase Contracts, the Company, when authorized by a Board Resolution, and the Purchase Contract Agent and the Trustee may enter into an one agreement or more agreements supplemental hereto for the purpose of modifying in any manner the terms of the Purchase Contracts, or the provisions of this Agreement or the rights of the Holders in respect of the Purchase Contracts; provided, however, that, except as contemplated herein, no such supplemental agreement shall, without the consent of each Holder of an Outstanding Purchase Contract affected thereby: (i) reduce the number of WGP Common Units deliverable or shares of Common APC Stock deliverable issuable, as the case may be, upon settlement of the Purchase Contracts (except to the extent expressly provided in Section 5.01); (ii) change the Mandatory Settlement Date, or adversely modify the right to settle Purchase Contracts early Early Settlement Right or the Fundamental Change Early Settlement Right; (iii) impair the right to institute suit for the enforcement of the Purchase Contracts; or (iv) reduce the above-stated percentage of Outstanding Purchase Contracts the consent of the Holders of which is required for the modification or amendment of the provisions of the Purchase Contracts or the Purchase Contract Agreement; or (iv) impair the right to institute suit for the enforcement of the Purchase Contracts. It shall not be necessary for any consent of Holders under this Section to approve the particular form of any proposed supplemental agreement, but it shall be sufficient if such consent shall approve the substance thereof.

Supplemental Agreements with Consent of Holders. With the consent of the Holders of not less than a majority in number of the Outstanding Purchase ContractsContracts voting together as one class, by Act of said Holders delivered to the Company, the Purchase Contract Agent and the Trustee, the Company, when authorized by a Board Resolution, and the Purchase Contract Agent and the Trustee may enter into an one agreement or more agreements supplemental hereto for the purpose of modifying in any manner the terms of the Purchase Contracts, or the provisions of this Agreement or the rights of the Holders in respect of the Purchase Contracts; provided, further, however, that, except as contemplated herein, no such supplemental agreement shall, without the consent of each Holder of an Outstanding Purchase Contract affected thereby: (i) reduce the number of shares of Common Stock deliverable upon settlement of the Purchase Contracts (except to the extent expressly provided in Section 5.01)Contracts; (ii) change the Mandatory Settlement Date, or adversely modify the right to settle Purchase Contracts early or the Fundamental Change Early Settlement Right; (iii) impair the right to institute suit for the enforcement of the Purchase Contracts; or (iv) reduce the above-stated percentage of Outstanding Purchase Contracts the consent of the Holders of which is required for the modification or amendment of the provisions of the Purchase Contracts or this Agreement; or (iv) impair the right to institute suit for the enforcement of the Purchase Contracts. In executing any modification, the Purchase Contract Agent shall be entitled to receive an opinion of counsel stating that such modification is authorized or permitted under the terms of this Purchase Contract Agreement. It shall not be necessary for any consent Act of Holders under this Section to approve the particular form of any proposed supplemental agreement, but it shall be sufficient if such consent Act shall approve the substance thereof.

Supplemental Agreements with Consent of Holders. With the consent of the Holders of not less than a majority in number of the Outstanding Purchase Contracts, the Company, when authorized by a Board Resolution, and the Purchase Contract Agent and Trustee may enter into an one or more agreements supplemental hereto for the purpose of modifying in any manner the terms of the Purchase Contracts, or the provisions of this Agreement or the rights of the Holders in respect of the Purchase Contracts; provided, however, that, except as contemplated herein, no such supplemental agreement shall, without the consent of each Holder of an Outstanding Purchase Contract affected thereby: (i) reduce the number of shares of Common Stock deliverable upon settlement of the Purchase Contracts (except to the extent expressly provided in required pursuant to Section 5.01); (ii) change the Mandatory Purchase Contract Settlement Date, or adversely modify the right to settle Purchase Contracts early Early Settlement Right or the Fundamental Change Early Settlement Right; (iii) impair the right to institute suit for the enforcement of the Purchase Contracts; or (iv) reduce the above-stated percentage of Outstanding Purchase Contracts the consent of the Holders of which is required for the modification or amendment of the provisions of the Purchase Contracts or the Purchase Contract Agreement. It shall not be necessary for any consent of Holders under this Section to approve the particular form of any proposed supplemental agreement, but it shall be sufficient if such consent shall approve the substance thereof.

Supplemental Agreements with Consent of Holders. With the consent of the Holders of not less than a majority in number of the Outstanding Purchase ContractsContracts voting together as one class, by Act of said Holders delivered to the Company, the Purchase Contract Agent and the Trustee, the Company, when authorized by a Board Resolution, and the Purchase Contract Agent and Trustee may enter into an one agreement or more agreements supplemental hereto for the purpose of modifying in any manner the terms of the Purchase Contracts, or the provisions of this Agreement or the rights of the Holders in respect of the Purchase Contracts; provided, however, that, except as contemplated herein, no such supplemental agreement shall, without the consent of each Holder of an Outstanding outstanding Purchase Contract affected thereby:, (i) reduce the number of shares of Common Stock deliverable upon settlement of the Purchase Contracts (except to the extent expressly provided in Section 5.01); (ii) change the Mandatory Settlement Date, or adversely modify the a Holder’s right to settle Purchase Contracts early or the Fundamental Change Early Settlement Right; (iii) impair the right to institute suit for the enforcement of the Purchase Contracts; or (iv) reduce the above-stated percentage of Outstanding Purchase Contracts the consent of the Holders of which is required for the modification or amendment of the provisions of the Purchase Contracts or this Agreement; or (iv) impair the right to institute suit for the enforcement of the Purchase Contract AgreementContracts. It shall not be necessary for any consent Act of Holders under this Section to approve the particular form of any proposed supplemental agreement, but it shall be sufficient if such consent Act shall approve the substance thereof.

Supplemental Agreements with Consent of Holders. With the consent of the Holders of not less than a majority in number of the Outstanding Purchase ContractsContracts voting together as one class, by Act of said Holders delivered to the Company, the Purchase Contract Agent and the Trustee, the Company, when authorized by a Board Resolution, and the Purchase Contract Agent and the Trustee may enter into an one agreement or more agreements supplemental hereto for the purpose of modifying in any manner the terms of the Purchase Contracts, or the provisions of this Agreement or the rights of the Holders in respect of the Purchase Contracts; provided, however, that, except as contemplated herein, no such supplemental agreement shall, without the consent of each Holder of an Outstanding Purchase Contract affected thereby:, (i) reduce the number of shares of Common Stock deliverable upon settlement of the Purchase Contracts (except to the extent expressly provided in Section 5.01)Contracts; (ii) change the Mandatory Settlement Date, or adversely modify the right to settle Purchase Contracts early or the Fundamental Change Early Settlement Right; (iii) impair , or otherwise adversely affect the right Holder’s rights relating to institute suit for the enforcement of settlement under the Purchase ContractsContract; or (iviii) reduce the above-stated percentage of Outstanding Purchase Contracts the consent of the Holders of which is required for the modification or amendment of the provisions of the Purchase Contracts or this Agreement; or (iv) impair the right to institute suit for the enforcement of the Purchase Contract AgreementContracts. It shall not be necessary for any consent Act of Holders under this Section to approve the particular form of any proposed supplemental agreement, but it shall be sufficient if such consent Act shall approve the substance thereof.

Supplemental Agreements with Consent of Holders. With the consent of the Holders of not less than a majority in number of the Outstanding Purchase Contracts, the Company, when authorized by a Board Resolution, and the Purchase Contract Agent and Trustee may enter into an one or more agreements supplemental hereto for the purpose of modifying in any manner the terms of the Purchase Contracts, or the provisions of this Agreement or the rights of the Holders in respect of the Purchase Contracts; provided, however, that, except as contemplated herein, no such supplemental agreement shall, without the consent of each Holder of an Outstanding Purchase Contract affected thereby: (i) reduce the number of shares of Common Stock deliverable upon settlement of the Purchase Contracts (except to the extent expressly provided in Section 5.01); (ii) change the Mandatory Settlement Date, or adversely modify the right to settle Purchase Contracts early or the Fundamental Change Early Settlement Right; (iii) reduce the Redemption Amount or adversely modify the right of any Holder to receive such amount if the Company elects to redeem the Purchase Contracts in connection with an Acquisition Termination Redemption; (iv) impair the right to institute suit for the enforcement of the Purchase Contracts; or (ivv) reduce the above-stated percentage of Outstanding Purchase Contracts the consent of the Holders of which is required for the modification or amendment of the provisions of the Purchase Contracts or the Purchase Contract Agreement. It shall not be necessary for any consent of Holders under this Section to approve the particular form of any proposed supplemental agreement, but it shall be sufficient if such consent shall approve the substance thereof.

Supplemental Agreements with Consent of Holders. With the consent of the Holders of not less than a majority in number of the Outstanding Purchase Contracts, the Company, when authorized by a Board Resolution, and the Purchase Contract Agent and Trustee may enter into an one or more agreements supplemental hereto for the purpose of modifying in any manner the terms of the Purchase Contracts, or the provisions of this Agreement or the rights of the Holders in respect of the Purchase Contracts; provided, however, that, except as contemplated herein, no such supplemental agreement shall, without the consent of each Holder of an Outstanding Purchase Contract affected thereby: (i) reduce the number of shares of Common Stock deliverable upon settlement of the Purchase Contracts (except to the extent expressly provided in Section 5.01); (ii) change the Mandatory Settlement Date, or adversely modify the right to settle Purchase Contracts early or the Fundamental Change Early Settlement Right; (iii) impair reduce the Redemption Amount or adversely modify the right of any Holder to institute suit for receive such amount if the enforcement of Company elects to redeem the Purchase ContractsContract in connection with a Merger Termination Redemption; or (iv) reduce the above-stated percentage of Outstanding Purchase Contracts the consent of the Holders of which is required for the modification or amendment of the provisions of the Purchase Contracts or the Purchase Contract Agreement. It shall not be necessary for any consent of Holders under this Section to approve the particular form of any proposed supplemental agreement, but it shall be sufficient if such consent shall approve the substance thereof.

Supplemental Agreements with Consent of Holders. With the consent of the Holders of not less than a majority in number of the Outstanding outstanding Purchase ContractsContracts voting together as one class, by Act of said Holders delivered to the Company, the Purchase Contract Agent and the Trustee, the Company, when authorized by a Board Resolution, and the Purchase Contract Agent and Trustee may enter into an one agreement or more agreements supplemental hereto for the purpose of modifying in any manner the terms of the Purchase Contracts, or the provisions of this Agreement or the rights of the Holders in respect of the Purchase Contracts; provided, however, that, except as contemplated herein, no such supplemental agreement shall, without the consent of each Holder of an Outstanding outstanding Purchase Contract affected thereby:, (i) reduce the number of shares of Common Stock deliverable upon settlement of the Purchase Contracts (except to the extent expressly provided in Section 5.01); (ii) Contracts, change the Mandatory Settlement Date, or adversely modify the right to settle Purchase Contracts early or the Fundamental Change Early Settlement Right; (iii) impair ; or otherwise adversely affect the right to institute suit for the enforcement of Holder’s rights under the Purchase ContractsContract; or (ivii) reduce the above-stated percentage of Outstanding Purchase Contracts the consent of the Holders of which is required for the modification or amendment of the provisions of the Purchase Contracts or the Purchase Contract Agreement, or (iii) impair the right to institute suit for the enforcement of the Purchase Contracts. It shall not be necessary for any consent Act of Holders under this Section to approve the particular form of any proposed supplemental agreement, but it shall be sufficient if such consent Act shall approve the substance thereof.

Supplemental Agreements with Consent of Holders. With the consent of the Holders of not less than a majority in number of the Outstanding Purchase Contracts, the Company, when authorized by a Board Resolution, and the Purchase Contract Agent and the Trustee may enter into an one agreement or more agreements supplemental hereto for the purpose of modifying in any manner the terms of the Purchase Contracts, or the provisions of this Agreement or the rights of the Holders in respect of the Purchase Contracts; provided, however, that, except as contemplated herein, no such supplemental agreement shall, without the consent of each Holder of an Outstanding Purchase Contract affected thereby: (i) reduce the number of shares of Common Stock deliverable upon settlement of the Purchase Contracts (except to the extent expressly provided in Section 5.01); (ii) change the Mandatory Settlement Date, or adversely modify the right to settle Purchase Contracts early Early Settlement Right or the Fundamental Change Early Settlement Right; (iii) reduce the Redemption Amount or impair the right of any Holder to institute suit for receive such amount if the enforcement of Company elects to redeem the Purchase Contracts; orContracts in connection with a Merger Termination Redemption; (iv) reduce the above-stated percentage of Outstanding Purchase Contracts the consent of the Holders of which is required for the modification or amendment of the provisions of the Purchase Contracts or the Purchase Contract Agreement; or (v) impair the right to institute suit for the enforcement of the Purchase Contracts. It shall not be necessary for any consent of Holders under this Section to approve the particular form of any proposed supplemental agreement, but it shall be sufficient if such consent shall approve the substance thereof.

Supplemental Agreements with Consent of Holders. With the consent of the Holders of not less than a majority in number of the Outstanding Purchase Contracts, the Company, when authorized by a Board Resolution, and the Purchase Contract Agent and the Trustee may enter into an one or more agreements supplemental hereto for the purpose of modifying in any manner the terms of the Purchase Contracts, or the provisions of this Agreement or the rights of the Holders in respect of the Purchase Contracts; provided, however, that, except as contemplated herein, no such supplemental agreement shall, without the consent of each Holder of an Outstanding Purchase Contract affected thereby: (i) reduce the number of shares of Common Stock deliverable upon settlement of the Purchase Contracts (except to the extent expressly provided in Section 5.01); (ii) change the Mandatory Settlement Date, or adversely modify the right to settle Purchase Contracts early or the Fundamental Change Early Settlement Right; (iii) impair the right to institute suit for the enforcement of the Purchase Contracts; or (iviii) reduce the above-stated percentage of Outstanding Purchase Contracts the consent of the Holders of which is required for the modification or amendment of the provisions of the Purchase Contracts or the Purchase Contract Agreement. It shall not be necessary for any consent of Holders under this Section to approve the particular form of any proposed supplemental agreement, but it shall be sufficient if such consent shall approve the substance thereof.

Supplemental Agreements with Consent of Holders. With the consent of the Holders of not less than a majority in number of the Outstanding Purchase Contracts, the Company, when authorized by a Board Resolution, and the Purchase Contract Agent and the Trustee may enter into an one agreement or more agreements supplemental hereto for the purpose of modifying in any manner the terms of the Purchase Contracts, or the provisions of this Agreement or the rights of the Holders in respect of the Purchase Contracts; provided, however, that, except as contemplated herein, no such supplemental agreement shall, without the consent of each Holder of an Outstanding Purchase Contract affected thereby: (i) reduce the number of shares of Class A Common Stock deliverable upon settlement of the Purchase Contracts (except to the extent expressly provided in Section 5.01); (ii) change the Mandatory Settlement Date, or adversely modify the right to settle Purchase Contracts early Early Settlement Right or the Fundamental Change Early Settlement Right; (iii) reduce the Redemption Amount or impair the right of any Holder to institute suit for receive such amount if the enforcement of Company elects to redeem the Purchase Contracts; orContracts in connection with a Merger Termination Redemption; (iv) reduce the above-stated percentage of Outstanding Purchase Contracts the consent of the Holders of which is required for the modification or amendment of the provisions of the Purchase Contracts or the Purchase Contract Agreement; or (v) impair the right to institute suit for the enforcement of the Purchase Contracts. It shall not be necessary for any consent of Holders under this Section to approve the particular form of any proposed supplemental agreement, but it shall be sufficient if such consent shall approve the substance thereof.