SUPPLEMENTAL INDENTURES 62 Sample Clauses

SUPPLEMENTAL INDENTURES 62. Without Consent of Securityholders 62 Section 14.2 With Consent of Securityholders; Limitations 64 Section 14.3 Trustee Protected 65 Section 14.4 Effect of Execution of Supplemental Indenture 65 Section 14.5 Notation on or Exchange of Securities 66 Section 15.1 Agreement to Subordinate 66 Section 15.2 Distribution on Dissolution 66 Section 15.3 No Payment on Securities in Event of Default on Senior Debt 68 Section 15.4 Payments on Securities Permitted 68 Section 15.5 Authorization of Securityholders to Trustee to Effect Subordination 68 Section 15.6 Notices to Trustee 68 Section 15.7 Trustee as Holder of Senior Debt 69 Section 15.8 Modifications of Terms of Senior Debt 69 Section 15.9 Reliance on Judicial Order or Certificate of Liquidating Agent 69 Section 15.10 Satisfaction and Discharge; Defeasance and Covenant Defeasance 70 Section 15.11 Trustee Not Fiduciary for Holders of Senior Debt 70
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SUPPLEMENTAL INDENTURES 62. Section 8.01 Supplemental Indentures Without Consent of Holders 62 Section 8.02 Supplemental Indentures With Consent of Holders 63 Section 8.03 Notice of Amendment or Supplement 64 Section 8.04 Trustee to Sign Amendments, Etc 64 ARTICLE 9. SUCCESSOR COMPANY 64 Section 9.01 Guarantor May Consolidate, Etc. on Certain Terms 64 Section 9.02 Successor Guarantor to Be Substituted 65 Section 9.03 Officer’s Certificate and Opinion of Counsel to Be Given to Trustee 66 ARTICLE 10. NO REDEMPTION 66 Section 10.01 No Redemption 66 ARTICLE 11. THE TRUSTEE 66 Section 11.01 Duties and Responsibilities of Trustee 66 Section 11.02 [RESERVED] 68 Section 11.03 Rights of the Trustee 68 Section 11.04 Trustee’s Disclaimer 69 Section 11.05 Trustee or Agents May Own Notes 69 Section 11.06 Monies to be Held in Trust 69 Section 11.07 Compensation and Expenses of Trustee 69 Section 11.08 Officer’s Certificate as Evidence 70 Section 11.09 Conflicting Interests of Trustee 70 Section 11.10 Eligibility of Trustee 71 Section 11.11 Resignation or Removal of Trustee 71 Section 11.12 Acceptance by Successor Trustee 72 Section 11.13 Succession by Merger, Etc 73 Section 11.14 Preferential Collection of Claims 73 Section 11.15 Trustee’s Application for Instructions from the Company 73 ARTICLE 12. MISCELLANEOUS 74 Section 12.01 Effect on Successors and Assigns 74 Section 12.02 Governing Law 74 Section 12.03 No Note Interest Created 74 Section 12.04 Trust Indenture Act 74 Section 12.05 Benefits of Indenture 74 Section 12.06 Calculations 74 Section 12.07 Execution in Counterparts 75 Section 12.08 Notices 75 Section 12.09 No Recourse Against Others 76 Section 12.10 Tax Withholding 76 Section 12.11 Waiver of Jury Trial 76 Section 12.12 U.S.A. Patriot Act 76 Section 12.13 Force Majeure 77 Section 12.14 Submission to Jurisdiction 77 ARTICLE 13. GUARANTEE 77 Section 13.01 Guarantee 77 Section 13.02 Execution and Delivery of Guarantees 79 Section 13.03 Release of the Guarantor 79 ARTICLE 14. COLLATERAL AND SECURITY 80 Section 14.01 Security Interest 80 Section 14.02 Collateral Agent 80 Section 14.03 Authorization of Actions to be Taken 82 Section 14.04 Release of Collateral 83
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SUPPLEMENTAL INDENTURES 62. Section 11.01 Supplemental Indentures without Consent of Debentureholders 62 Section 11.02 Supplemental Indenture with Consent of Debentureholders 64 Section 11.03 Effect of Supplemental Indenture 65 Section 11.04 Notation on Debentures 65 Section 11.05 Evidence of Compliance of Supplemental Indenture to Be Furnished to Trustee 65 ARTICLE 12. CONSOLIDATION, MERGER, SALE, CONVEYANCE AND LEASE 65 Section 12.01 Company May Consolidate, Etc, on Certain Terms 65 Section 12.02 Successor Person to Be Substituted 66 Section 12.03 Opinion of Counsel to Be Given Trustee 66 ARTICLE 13. SATISFACTION AND DISCHARGE OF INDENTURE 66 Section 13.01 Discharge of Indenture 66
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SUPPLEMENTAL INDENTURES 62. 14.1 Supplemental Indentures 62 15.1 Execution 63 15.2 Formal Date 63 15.3 Force Majeure 63 15.4 Third Party Interest 63 15.5 Privacy 63 15.6 Indenture Trustee Not Bound to Act 64 15.7 Electronic Documentation 64 THIS TRUST INDENTURE (the "Indenture") is dated as of December 27, 2018. STEM HOLDINGS, INC., a corporation existing under laws of Nevada and having its head office in the City of Boca Raton in the state of Florida (hereinafter called the "Corporation") OLYMPIA TRUST COMPANY, a trust company existing under the laws of Alberta and having an office in the City of Calgary, in the Province of Alberta (hereinafter called the "Indenture Trustee")
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SUPPLEMENTAL INDENTURES 62. Section 12.01 Supplemental Indentures Not Requiring Consent of Bondholders 62 Section 12.02 Supplemental Indentures Requiring Consent of Holders 63 Section 12.03 Trustee Authorized to Join in Supplements; Reliance on Counsel 64 ARTICLE XIII AMENDMENT OF AGREEMENT, INDENTURE AND MORTGAGE 64 Section 13.01 Amendments, etc., to Agreement, Indenture and Mortgage Not Requiring Consent of Bondholders 64 Section 13.02 Amendments, etc., to Agreement, Indenture and Mortgage Requiring Consent of Bondholders 64 Section 13.03 Trustee Authorized to Join in Amendments, Reliance on Counsel 65 ARTICLE XIV MISCELLANEOUS 65 Section 14.01 Consents, etc., of Bondholders. 65 Section 14.02 Issuer’s Obligations Limited 65 Section 14.03 Immunity of Officials, Employees or Agents of Issuer 66 Section 14.04 Limitation of Rights 66 Section 14.05 No Liability of Issuer 66 Section 14.06 Severability 66 Section 14.07 Notices 67 Section 14.08 Trustee as Paying Agent and Bond Xxxxxxxxx 00 Section 14.09 Payments Due on Saturdays, Sundays and Holidays 68 Section 14.10 Counterparts 68 Section 14.11 Laws Governing Indenture 68 Section 14.12 Venue and Jurisdiction 68 Section 14.13 Electronic Transactions 68 Section 14.14 Successors and Assigns 69 EXHIBIT A APPLICATION OF BOND PROCEEDS EXHIBIT B FORM OF BONDS EXHIBIT C INVESTOR LETTER EXHIBIT D LIQUIDITY SUPPORT FUND FORM THIS TRUST INDENTURE (the “Indenture”), dated as of [June 1], 2017, made and entered into between LAKE COUNTY, FLORIDA, a political subdivision of the state of Florida (the “Issuer”) and UMB BANK, N.A., a national banking association with a corporate trust office in Kansas City, Missouri (the “Trustee”).
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Related to SUPPLEMENTAL INDENTURES 62

  • 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.

  • 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).

  • 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.

  • 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.

  • 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.

  • 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.

  • Benefits of Supplemental Indenture Nothing in this Supplemental Indenture, the Indenture or the Securities, express or implied, shall give to any Person, other than the parties hereto and thereto and their successors hereunder and thereunder and the Holders, any benefit of any legal or equitable right, remedy or claim under this Supplemental Indenture, the Indenture or the Securities.

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