SUPPLEMENTAL INDENTURES     54 Sample Clauses

SUPPLEMENTAL INDENTURES     54. Section 9.01. Supplemental Indentures Without Consent of Holders 54 Section 9.02. Supplemental Indentures With Consent of Holders 56 Section 9.03. Execution of Supplemental Indentures 57 Section 9.04. Effect of Supplemental Indentures 58 Section 9.05. Conformity with Trust Indenture Act 58 Section 9.06. Reference in Securities to Supplemental Indentures 58 Section 9.07. Subordination Unimpaired 58 Section 10.01. Payment of Principal, Premium and Interest 58 Section 10.02. Maintenance of Office or Agency 58 Section 10.03. Money for Securities Payments to Be Held in Trust 59 Section 10.04. Corporate Existence 60 Section 10.05. Statement by Officers as to Default 60 Section 10.06. Waiver of Certain Covenants 60 Section 10.07. Calculation of Original Issue Discount 61 Section 11.01. Applicability of Article 61 Section 11.02. Election to Redeem; Notice to Trustee 61 Section 11.03. Selection by Trustee of Securities to Be Redeemed 62 Section 11.04. Notice of Redemption 62 Section 11.05. Deposit of Redemption Price 63 Section 11.06. Securities Payable on Redemption Date 63 Section 11.07. Securities Redeemed in Part 64 Section 12.01. Applicability of Article 64 Section 12.02. Satisfaction of Sinking Fund Payments with Securities 64 Section 12.03. Redemption of Securities for Sinking Fund 65 Section 13.01. Company’s Option to Effect Defeasance or Covenant Defeasance 65 Section 13.02. Defeasance and Discharge 65 Section 13.03. Covenant Defeasance 66 Section 13.04. Conditions to Defeasance or Covenant Defeasance 66 Section 13.05. Deposited Money and U.S. Government Obligations to Be Held in Trust; Miscellaneous Provisions 68 Section 13.06. Reinstatement 68 Section 14.01. Guarantees 69 Section 15.01. Securities Subordinate to Senior Debt 72 Section 15.02. Payment Over of Proceeds Upon Dissolution, Etc 73 Section 15.03. Prior Payment to Senior Debt Upon Acceleration of Securities 74 Section 15.04. No Payment When Senior Debt in Default 74 Section 15.05. Payment Permitted in Certain Situations 75 Section 15.06. Subrogation to Rights of Holders of Senior Debt 76 Section 15.07. Provisions Solely to Define Relative Rights 76 Section 15.08. Trustee to Effectuate Subordination 76 Section 15.09. No Waiver of Subordination Provisions 76 Section 15.10. Notice to Trustee 77 Section 15.11. Reliance on Judicial Order or Certificate of Liquidating Agent 77 Section 15.12. Trustee Not Fiduciary For Holders of Senior Debt 78 Section 15.13. Rights of Trustee as Holder of Senior Debt; P...
Sample 1See All (4)
AutoNDA by SimpleDocs
SUPPLEMENTAL INDENTURES     54. Section 8.1. Supplemental Indentures Not Requiring the Consent of Bondholders 54 Section 8.2. Supplemental Indenture Effective Only Upon Consent of Bondholders 55 Section 8.3. General Provisions. 55 Section 8.4. Consent of the Credit Facility Provider in Lieu of Consent of Bondholders. 55
Sample 1

Related to SUPPLEMENTAL INDENTURES     54

  • SUPPLEMENTAL INDENTURES SECTION 901.

  • ARTICLE IX SUPPLEMENTAL INDENTURES Section 9.01. Supplemental Indentures Without Consent of Noteholders.......................50 Section 9.02. Supplemental Indentures with Consent of Noteholders..........................51 Section 9.03. Execution of Supplemental Indentures.........................................52 Section 9.04. Effect of Supplemental Indenture.............................................52 Section 9.05. Reference in Notes to Supplemental Indentures................................52 Section 9.06. Tax Opinion..................................................................53

  • Execution of Supplemental Indentures In executing, or accepting the additional trusts created by, any supplemental indenture permitted by this Article or the modifications thereby of the trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 601) shall be fully protected in relying upon, an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture which affects the Trustee's own rights, duties or immunities under this Indenture or otherwise.

  • Scope of Supplemental Indenture The changes, modifications and supplements to the Original Indenture effected by this Supplemental Indenture shall be applicable only with respect to, and shall only govern the terms of (and only the rights of the Holders and the obligations of the Company with respect to), the Notes, which may be issued from time to time, and shall not apply to any other Securities that may be issued under the Original Indenture (or govern the rights of the Holders or the obligations of the Company with respect to any other such Securities) unless a supplemental indenture with respect to such other Securities specifically incorporates such changes, modifications and supplements. The provisions of this Supplemental Indenture shall supersede any corresponding or conflicting provisions in the Original Indenture. If Notes are not authenticated on the Issue Date (as defined in Section 1.02 below), this Supplemental Indenture shall be null and of no effect.

  • Effect of Supplemental Indentures Upon the execution of any supplemental indenture under this Article, this Indenture shall be modified in accordance therewith, and such supplemental indenture shall form a part of this Indenture for all purposes; and every Holder of Securities theretofore or thereafter authenticated and delivered hereunder shall be bound thereby.

  • Supplemental Indenture THIS SUPPLEMENTAL INDENTURE (this "Supplemental Indenture"), which shall be deemed the enumerated supplemental indenture as stated in Exhibit B hereto, is between Prospect Capital Corporation, a Maryland corporation (the "Company"), and U.S. Bank National Association, as trustee (the "Trustee"). All capitalized terms used herein shall have the meaning set forth in the Base Indenture (as defined below).

  • Execution as Supplemental Indenture This First Supplemental Indenture is executed and shall be construed as an indenture supplemental to the Base Indenture and, as provided in the Base Indenture, this First Supplemental Indenture forms a part thereof.

  • Notice of Supplemental Indentures Promptly after the execution by the Company and the Trustee of any supplemental indenture pursuant to the provisions of Section 902, the Company shall give notice thereof to the Holders of each Outstanding Security affected, in the manner provided for in Section 106, setting forth in general terms the substance of such supplemental indenture.

  • Effect of Supplemental Indenture Upon the execution of any supplemental indenture pursuant to the provisions hereof, this Indenture shall be and shall be deemed to be modified and amended in accordance therewith with respect to the Notes affected thereby, and the respective rights, limitations of rights, obligations, duties, liabilities and immunities under this Indenture of the Indenture Trustee, the Issuer and the Holders of the Notes shall thereafter be determined, exercised and enforced hereunder subject in all respects to such modifications and amendments, and all the terms and conditions of any such supplemental indenture shall be and be deemed to be part of the terms and conditions of this Indenture for any and all purposes.

  • Supplemental Indentures Without Consent of Noteholders (a) Without the consent of the Holders of any Notes but with prior notice to the Rating Agencies, the Issuing Entity and the Indenture Trustee, when authorized by an Issuing Entity Order, at any time and from time to time, may enter into one or more indentures supplemental hereto (which shall conform to the provisions of the Trust Indenture Act as in force at the date of the execution thereof), in form satisfactory to the Indenture Trustee, for any of the following purposes: (i) to correct or amplify the description of any property at any time subject to the lien of this Indenture, or better to assure, convey and confirm unto the Indenture Trustee any property subject or required to be subjected to the lien of this Indenture, or to subject to the lien of this Indenture additional property; (ii) to evidence the succession, in compliance with the applicable provisions hereof, of another person to the Issuing Entity, and the assumption by any such successor of the covenants of the Issuing Entity herein and in the Notes contained; (iii) to add to the covenants of the Issuing Entity, for the benefit of the Holders of the Notes, or to surrender any right or power herein conferred upon the Issuing Entity; (iv) to convey, transfer, assign, mortgage or pledge any property to or with the Indenture Trustee; (v) to cure any ambiguity, to correct or supplement any provision herein or in any supplemental indenture that may be inconsistent with any other provision herein or in any supplemental indenture or to make any other provisions with respect to matters or questions arising under this Indenture or in any supplemental indenture; provided, that such action, as evidenced by an Officer’s Certificate of the Servicer, shall not adversely affect the interests of the Holders of the Notes; (vi) to evidence and provide for the acceptance of the appointment hereunder by a successor trustee with respect to the Notes and to add to or change any of the provisions of this Indenture as shall be necessary to facilitate the administration of the trusts hereunder by more than one trustee, pursuant to the requirements of Article VI; (vii) to modify, eliminate or add to the provisions of this Indenture to such extent as shall be necessary to effect the qualification of this Indenture under the TIA or under any similar federal statute hereafter enacted and to add to this Indenture such other provisions as may be expressly required by the TIA; (viii) to correct any manifest error with the terms of this Indenture as compared to the terms set forth in the Final Prospectus; or (ix) to further prevent or help avoid the application to the Notes of the Treasury Regulations (or other interpretive guidance) issued under Section 385 of the Code. The Indenture Trustee is hereby authorized to join in the execution of any such supplemental indenture and to make any further appropriate agreements and stipulations that may be therein contained. (b) The Issuing Entity and the Indenture Trustee, when authorized by an Issuing Entity Order, may, also without the consent of any of the Holders of the Notes, enter into an indenture or indentures supplemental hereto for the purpose of adding any provisions to, or changing in any manner or eliminating any of the provisions of, this Indenture or of modifying in any manner the rights of the Holders of the Notes under this Indenture; provided that such amendments require: (i) satisfaction of the Rating Agency Condition or (ii) an Officer’s Certificate of the Servicer stating that the amendment will not materially and adversely affect the interest of any Noteholder. (c) Notwithstanding anything in this Indenture to the contrary, no supplemental indenture shall be effective without the prior written consent of the Asset Representations Reviewer if the supplemental indenture would adversely modify the amount or timing of distributions to be made to the Asset Representations Reviewer under this Indenture. The Indenture Trustee shall have no responsibility for determining whether any supplemental indenture would adversely modify the amount or timing of distributions to be made to the Asset Representations Reviewer under this Indenture.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!