Common use of Supplemental Indenture without Consent of Holders Clause in Contracts

Supplemental Indenture without Consent of Holders. Without the consent of any Holders, the Company and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental hereto, in form satisfactory to the Trustee, for any of the following purposes: (a) to evidence the succession of another entity to the Company and the assumption by any such successor of the covenants of the Company herein and in the Securities; (b) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred upon the Company; (c) to add any additional Events of Default (and if such Events of Default are to be for the benefit of less than all series of Securities, stating that such Events of Default are expressly being included solely for the benefit of such series); (d) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to facilitate the issuance of Securities in uncertificated form, or to permit or facilitate the issuance of extendible Securities; (e) to change or eliminate any of the provisions of this Indenture, provided that any such change or elimination shall become effective only as to the Securities of any series created by such supplemental indenture and Securities of any series subsequently created to which such change or elimination is made applicable by the subsequent supplemental indenture creating such series; (f) to secure the Securities pursuant to the requirements of Section 10.04 or otherwise; (g) to establish the form or terms of Securities of any series as permitted by Sections 2.01 and 3.01; (h) to evidence and provide for the acceptance of appointment hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b); (i) to provide for any rights of the Holders of Securities of any series to require the repurchase of Securities of such series by the Company; (j) to modify the restrictive legends set forth on the face of the form of Security in Section 2.02 or as are otherwise set forth pursuant to Section 2.01 and 3.01, or modify the forms of certificates set forth in Section 3.11; provided, however, that any such modification shall not materially and adversely affect the interests of the Holders of the Securities; (k) to amend this Indenture to conform to the provisions of the Trust Indenture Act as in effect at the time of the execution of such supplemental indenture; (l) to cure any ambiguity, omission or defect, to correct or supplement any provision herein which may be inconsistent with any other provision herein, or to make any other provisions with respect to matters or questions arising under this Indenture, provided such action shall not materially and adversely affect the interests of the Holders of Securities of any series; or (m) to modify, alter, amend or supplement this Indenture in any other respect which is not materially adverse to Holders, which does not involve a change described in clauses (a), (b) or (c) of Section 9.02 hereof and which, in the judgment of the Trustee, is not to the prejudice of the Trustee, or in order to provide for the duties, responsibilities and compensation of the Trustee as a transfer agent in the event one registered Security of any series is issued in the aggregate principal amount of all outstanding Securities of such series in which Holders will hold an interest.

Appears in 1 contract

Samples: Indenture (Midamerican Energy Holdings Co /New/)

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Supplemental Indenture without Consent of Holders. Without the consent of any Holders, the Company Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental hereto, in form satisfactory to the Trustee, for any of the following purposes: (a) to evidence the succession of another entity corporation to the Company and the assumption by any such successor of the covenants of the Company herein and in the Capital Securities; (b) to add to the covenants of the Company for the benefit of the Holders of all or any series of Capital Securities (and and, if such covenants are to be for the benefit of less than all series of Capital Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred upon the Company; (c) to add any additional Events of Default (and if such Events of Default are to be for the benefit of less than all series of SecuritiesDefault, stating that such Events of Default are expressly being included solely for the benefit of such series)Defaults or Payment Events; (d) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer formto, registrable or not registrable as to principal, and with or without interest coupons, or to facilitate the issuance of Securities in uncertificated form, or to permit or facilitate the issuance of extendible Securities; (e) to change or eliminate any of the provisions of this Capital Securities Indenture, or any supplemental indenture, provided that any such change or elimination shall become effective only as to the Securities when there is no Capital Security Outstanding of any series created by prior to the execution of such supplemental indenture and Securities of any series subsequently created to which effecting such change or elimination which is made applicable entitled to the benefit of such provision and adversely affected by such addition, change or elimination; (e) to secure the subsequent supplemental indenture creating such seriesCapital Securities; (f) to secure the Securities pursuant to the requirements of Section 10.04 or otherwise; (g) to establish the form or terms of Capital Securities of any series as permitted by Sections 2.01 and or 3.01; (g) to change any Place of Payment, so long as the Place of Payment as required by Section 3.01 is maintained; (h) to cure any ambiguity, to correct or supplement any provision herein which may be defective or inconsistent with any other provision herein or in any supplemental indenture; (i) to make any other provisions with respect to matters or questions arising under this Capital Securities Indenture, provided such action shall not adversely affect the interests of the Holders of Capital Securities of any series in any material respect; (j) to evidence and provide for the acceptance of appointment hereunder by a successor Trustee with respect to the Capital Securities of one or more series and to add to or change any of the provisions of this Capital Securities Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b); (i) to provide for any rights of the Holders of Securities of any series to require the repurchase of Securities of such series by the Company; (j) to modify the restrictive legends set forth on the face of the form of Security in Section 2.02 or as are otherwise set forth pursuant to Section 2.01 and 3.01, or modify the forms of certificates set forth in Section 3.11; provided, however, that any such modification shall not materially and adversely affect the interests of the Holders of the Securities;or (k) to amend this Indenture to conform to the provisions of the Trust Indenture Act as in effect at the time of the execution of such supplemental indenture; (l) to cure any ambiguity, omission change or defect, to correct or supplement eliminate any provision herein which may be inconsistent with any other provision herein, or to make any other provisions with respect to matters or questions arising under of this Indenture, provided such action shall not materially and adversely affect the interests of the Holders of Capital Securities of any series; or (m) to modify, alter, amend or supplement this Indenture in any other respect which is not materially adverse to Holders, which does not involve a change described in clauses (a), (b) or (c) of as permitted by Section 9.02 hereof and which, in the judgment of the Trustee, is not to the prejudice of the Trustee, or in order to provide for the duties, responsibilities and compensation of the Trustee as a transfer agent in the event one registered Security of any series is issued in the aggregate principal amount of all outstanding Securities of such series in which Holders will hold an interest1.07.

Appears in 1 contract

Samples: Indenture (Royal Bank of Scotland Group PLC)

Supplemental Indenture without Consent of Holders. Without the consent of any Holders, the Company and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental hereto, in form satisfactory to the Trustee, for any of the following purposes: (a1) to evidence the succession of another entity to the Company and the assumption by any such successor of the covenants of the Company herein and in the Securities; (b2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred upon the Company; (c3) to add any additional Events of Default (and if such Events of Default are to be for the benefit of less than all series of Securities, stating that such Events of Default are expressly being included solely for the benefit of such series); (d4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to facilitate the issuance of Securities in uncertificated form, or to permit or facilitate the issuance of extendible Securities; (e5) to change or eliminate any of the provisions of this Indenture, provided that any such change or elimination shall become effective only as to the Securities of any series created by such supplemental indenture and Securities of any series subsequently created to which such change or elimination is made applicable by the subsequent supplemental indenture creating such series; (f6) to secure the Securities pursuant to the requirements of Section 10.04 or otherwise; (g) to establish the form or terms of Securities of any series as permitted by Sections 2.01 and 3.01; (h7) to evidence and provide for the acceptance of appointment hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b); (i) 8) to provide for any rights of the Holders of Securities of any series to require the repurchase of Securities of such series by the Company; (j9) to modify the restrictive legends set forth on the face of the form of Security in Section 2.02 or as are otherwise set forth pursuant to Section 2.01 and 3.01Security, or modify the forms form of certificates certificate set forth in Section 3.113.12; provided, however, that any such modification shall not materially and adversely affect the interests interest of the Holders of the Securities; (k10) to amend this Indenture to conform to the provisions of the Trust Indenture Act as in effect at the time of the execution of such supplemental indenture; (l11) to cure any ambiguity, omission or defect, to correct or supplement any provision herein which may be inconsistent with any other provision herein, or to make any other provisions with respect to matters or questions arising under this Indenture, provided such action shall not materially and adversely affect the interests of the Holders of Securities of any series; or (m12) to modify, alter, amend or supplement this Indenture in any other respect which is not materially adverse to Holders, which does not involve a change described in clauses (a1), (b2),(3) or (c4) of Section 9.02 hereof and which, in the judgment of the Trustee, is not to the prejudice of the Trustee, or in order to provide for the duties, responsibilities and compensation of the Trustee as a transfer agent in the event one registered Security of any series is issued in the aggregate principal amount of all outstanding Securities of such series in which Holders will hold an interest.

Appears in 1 contract

Samples: Indenture (Cilcorp Inc)

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Supplemental Indenture without Consent of Holders. Without the consent of any Holders, the Company and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental hereto, in form satisfactory to the Trustee, for any of the following purposes: (a1) to evidence the succession of another entity to the Company and the assumption by any such successor of the covenants of the Company herein and in the Securities; (b2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred upon the Company; (c3) to add any additional Events of Default (and if such Events of Default are to be for the benefit of less than all series of Securities, stating that such Events of Default are expressly being included solely for the benefit of such series); (d4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to facilitate the issuance of Securities in uncertificated form, or to permit or facilitate the issuance of extendible Securities; (e5) to change or eliminate any of the provisions of this Indenture, provided that any such change or elimination shall become effective only as to the Securities of any series created by such supplemental indenture and Securities of any series subsequently created to which such change or elimination is made applicable by the subsequent supplemental indenture creating such series; (f6) to secure the Securities pursuant to the requirements of Section 10.04 1004 or otherwise; (g7) to establish the form or terms of Securities of any series as permitted by Sections 2.01 201 and 3.01301; (h) 8) to evidence and provide for the acceptance of appointment hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b611(b); (i9) to provide for any rights of the Holders of Securities of any series to require the repurchase of Securities of such series by the Company; (j10) to modify the restrictive legends set forth on the face of the form of Security in Section 2.02 202 or as are otherwise set forth pursuant to Section 2.01 201 and 3.01301, or modify the forms form of certificates certificate set forth in Section 3.11311; provided, however, that any such modification shall not materially and adversely affect the interests interest of the Holders of the Securities; (k11) to amend this Indenture to conform to the provisions of the Trust Indenture Act as in effect at the time of the execution of such supplemental indenture;; 137 (l12) to cure any ambiguity, omission or defect, to correct or supplement any provision herein which may be inconsistent with any other provision herein, or to make any other provisions with respect to matters or questions arising under this Indenture, provided such action shall not materially and adversely affect the interests of the Holders of Securities of any series; or (m13) to modify, alter, amend or supplement this Indenture in any other respect which is not materially adverse to Holders, which does not involve a change described in clauses (a1), (b2) or (c3) of Section 9.02 902 hereof and which, in the judgment of the Trustee, is not to the prejudice of the Trustee, or in order to provide for the duties, responsibilities and compensation of the Trustee as a transfer agent in the event one registered Security of any series is issued in the aggregate principal amount of all outstanding Securities of such series in which Holders will hold an interest.

Appears in 1 contract

Samples: Indenture (Midamerican Funding LLC)

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