Common use of Supplemental Indentures, Agreements and Waivers Without Consent of Holders Clause in Contracts

Supplemental Indentures, Agreements and Waivers Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution of the Board, and the Trustee, at any time and from time to time, may amend, waive, modify or supplement this Indenture or the Notes for any of the following purposes: (a) to evidence the succession of another person to the Company, and the assumption by any such successor of the covenants of the Company in the Notes; (b) to add to the covenants of the Company for the benefit of the Holders, or to surrender any right or power herein conferred upon the Company, herein, in the Notes; (c) to cure any ambiguity, to correct or supplement any provision herein, in the Notes which may be defective or inconsistent with any other provision herein or to make any other provisions with respect to matters or questions arising under this Indenture or the Notes; provided, however, that, in each case, such provisions shall not materially adversely affect the legal rights of the Holders; (d) to comply with the requirements of the SEC in order to effect or maintain the qualification of this Indenture under the Trust Indenture Act, as contemplated by Section 9.05 hereof or otherwise; (e) to mortgage, pledge, hypothecate or grant a security interest in any property or assets in favor of the Trustee for the benefit of the Holders as security for the payment and performance of this Indenture Obligations; (f) to make any other change that does not materially adversely affect the legal rights of any Holder; or (g) to add Guarantors with respect to the Notes; provided, however, that the Company has delivered to the Trustee an Opinion of Counsel stating that such change, agreement or waiver does not materially adversely affect the legal rights of any Holder.

Supplemental Indentures, Agreements and Waivers Without Consent of Holders. Without the consent of any Holders, the CompanyCompany and the Guarantors, when authorized by a Board Resolution of the BoardBoard of the Company and each Guarantor, and the Trustee, at any time and from time to time, may amendenter into one or more indentures supplemental hereto or agreements or other instruments with respect to this Indenture, waivein form and substance satisfactory to the Trustee, modify or supplement this Indenture or the Notes waiver for any of the following purposes: (a) to evidence the succession succession, in compliance with Article Eight hereof, of another person Person to the CompanyCompany or a Guarantor, and the assumption by any such successor of the covenants of the Company or such Guarantor herein and in the NotesSecurities, as the case may be; (b) to add to the covenants of the Company Company, any of its subsidiaries or any Guarantor for the benefit of the Holders, or to surrender any right or power herein conferred upon the CompanyCompany or any Guarantor, hereinas applicable, herein or in the NotesSecurities, as the case may be; (c) to cure any ambiguity, to correct or supplement any provision herein, herein or in the Notes Securities which may be defective or inconsistent with any other provision herein or to make any other provisions with respect to matters or questions arising under this Indenture or the NotesSecurities; provided, however, that, in each case, such provisions shall not materially adversely affect the legal rights interests of the Holders; (d) to comply with the requirements of the SEC Commission in order to effect or maintain the qualification of this Indenture under the Trust Indenture Act, as contemplated by Section 9.05 hereof or otherwise; (e) to add a Guarantor pursuant to the terms of Article Thirteen; (f) to evidence and provide the acceptance of the appointment of a successor Trustee or any co-trustee hereunder; and (g) to mortgage, pledge, hypothecate or grant a security interest in any property or assets in favor of the Trustee for the benefit of the Holders as security for the payment and performance of this the Indenture Obligations; (f) to make any other change that does not materially adversely affect the legal rights of any Holder; or (g) to add Guarantors with respect to the Notes; provided, however, that the Company has delivered to the Trustee an Opinion of Counsel stating that such change, agreement or waiver does not materially adversely affect the legal rights of any Holder.

Supplemental Indentures, Agreements and Waivers Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by the Board as evidenced by a Board Resolution of the BoardResolution, and the Trustee, at any time and from time to time, may amend, waive, modify or supplement this Indenture or the Notes for any of the following purposes: (a) to evidence the succession of another person to the Company, and the assumption by any such successor of the covenants of the Company in the Notes; (b) to add to the covenants of the Company for the benefit of the Holders, or to surrender any right or power herein conferred upon the Company, herein, in the Notes; (c) to cure any ambiguity, to correct or supplement any provision herein, in the Notes which may be defective or inconsistent with any other provision herein or to make any other provisions with respect to matters or questions arising under this Indenture or the Notes; provided, however, that, in each case, such provisions shall not materially adversely affect the legal rights of the Holders; (d) to comply with the requirements of the SEC in order to effect or maintain the qualification of this Indenture under the Trust Indenture Act, as contemplated by Section 9.05 hereof or otherwise; (e) to mortgage, pledge, hypothecate or grant a security interest in any property or assets in favor of the Trustee for the benefit of the Holders as security for the payment and performance of this Indenture Obligations; (f) to make any other change that does not materially adversely affect the legal rights of any Holder; or; (g) to add Guarantors with respect to the Notes; or (h) to provide for uncertificated Notes in addition to or in place of certificated Notes (provided that the uncertificated Notes are issued in registered form for purposes of Section 163(f) of the Code, or in a manner such that the uncertificated Notes are described in Section 163(f)(2)(B) of the Code) provided, however, that the Company has delivered to the Trustee an Opinion of Counsel stating that such change, agreement or waiver does not materially adversely affect the legal rights of any Holder.

Supplemental Indentures, Agreements and Waivers Without Consent of Holders. Without the consent of any Holders, the Company, and when authorized by a Board Resolution of the Board, and the Trustee, at any time and from time to time, may amend, waive, modify or supplement this Indenture or the Notes for any of the following purposes: (a) to evidence the succession of another person to the Company, and the assumption by any such successor of the covenants of the Company in the Notes; (b) to add to the covenants of the Company for the benefit of the Holders, or to surrender any right or power herein conferred upon the Company, herein, in the Notes; (c) to cure any ambiguity, to correct or supplement any provision herein, in the Notes which may be defective or inconsistent with any other provision herein or to make any other provisions with respect to matters or questions arising under this Indenture or the Notes; provided, however, that, in each case, such provisions shall not materially adversely affect the legal rights of the Holdersany Holder; (d) to comply with the requirements of the SEC in order to effect or maintain the qualification of this Indenture under the Trust Indenture Act, as contemplated by Section 9.05 hereof or otherwise; (e) to evidence and provide the acceptance of the appointment of a successor Trustee hereunder; (f) to mortgage, pledge, hypothecate or grant a security interest in any property or assets in favor of the Trustee for the benefit of the Holders as security for the payment and performance of this Indenture Obligations;; or (fg) to make any other change that does not materially adversely affect the legal rights of any Holder; or (g) to add Guarantors with respect to the Notes; provided, however, that the Company has delivered to the Trustee an Opinion of Counsel stating that such change, agreement or waiver does not materially adversely affect the legal rights of any Holder.

Supplemental Indentures, Agreements and Waivers Without Consent of Holders. Without the consent of any Holders, the CompanyCompany and any Subsidiary Guarantor, when authorized by a Board Resolution of the BoardResolution, and the Trustee, together, at any time and from time to time, may amend, waive, modify or supplement this Indenture or the Notes for any of the following purposes: (a) to evidence the succession of another person Person to the Company, and the assumption by any such successor of the covenants of the Company in the NotesNotes and this Indenture; (b) to add to the covenants of the Company for the benefit of the Holders, or to surrender any right or power herein conferred upon the Company, herein, Company in the NotesNotes or this Indenture; (c) to cure any ambiguity, or to correct or supplement any provision herein, in this Indenture or in the Notes which may be defective or inconsistent with any other provision herein or to make any other provisions with respect to matters or questions arising under this Indenture or the Notes; provided, however, that, in each case, such provisions shall not materially adversely affect the legal rights of the Holders; (d) to comply with the requirements of the SEC Commission in order to effect or maintain the qualification of this Indenture under the Trust Indenture Act, as contemplated by Section 9.05 hereof or otherwise; (e) to evidence and provide the acceptance of the appointment of a successor Trustee hereunder; (f) to mortgage, pledge, hypothecate or grant a security interest in any property or assets in favor of the Trustee for the benefit of the Holders as security for the payment and performance of this the Indenture Obligations; (fg) to provide for issuance of the Exchange Notes, which will have terms substantially identical in all material respects to the Initial Notes (except that the transfer restrictions contained in the Initial Notes will be modified or eliminated, as appropriate), and which will be treated together with any outstanding Initial Notes, as a single issue of securities; (h) to add or release a Subsidiary Guarantor in compliance with the provisions of Section 10.22 hereof; or (i) to make any other change that does not materially adversely affect in any material respect the legal rights of any Holder; or (g) to add Guarantors with respect to the Notes; provided, however, that the Company has delivered to the Trustee an Opinion of Counsel stating that such change, agreement or waiver does not materially adversely affect complies with the legal rights provisions of any Holderthis Section 9.01.

Supplemental Indentures, Agreements and Waivers Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution of the Board, and the Trustee, at any time and from time to time, may amend, waive, modify or supplement this Indenture or the Notes for any of the following purposes: (a) to evidence the succession of another person to the Company, and the assumption by any such successor of the covenants of the Company in the Notes; (b) to add to the covenants of the Company for the benefit of the Holders, or to surrender any right or power herein conferred upon the Company, herein, in the Notes; (c) to cure any ambiguity, to correct or supplement any provision herein, in the Notes which may be defective or inconsistent with any other provision herein or to make any other provisions with respect to matters or questions arising under this Indenture or the Notes; provided, however, that, in each case, such provisions shall not materially adversely affect the legal rights of the Holders; (d) to comply with the requirements of the SEC in order to effect or maintain the qualification of this Indenture under the Trust Indenture Act, as contemplated by Section 9.05 hereof or otherwise; (e) to mortgage, pledge, hypothecate or grant a security interest in any property or assets in favor of the Trustee for the benefit of the Holders as security for the payment and performance of this Indenture ObligationsObligations or to amend, modify or supplement the Escrow Agreement to insure a first priority perfected security interest on the Collateral in favor of the Trustee; (f) to make any other change that does not materially adversely affect the legal rights of any Holder; or (g) to add Guarantors with respect to the Notes; provided, however, that the Company has delivered to the Trustee an Opinion of Counsel stating that such change, agreement or waiver does not materially adversely affect the legal rights of any Holder.

Supplemental Indentures, Agreements and Waivers Without Consent of Holders. Without the consent of any Holders, the Company, and when authorized by a Board Resolution of the Board, and the Trustee, at any time and from time to time, may amend, waive, modify or supplement this Indenture or the Notes for any of the following purposes: (a) to evidence the succession of another person to the Company, and the assumption by any such successor of the covenants of the Company in the Notes; (b) to add to the covenants of the Company for the benefit of the Holders, or to surrender any right or power herein conferred upon the Company, herein, in the Notes; (c) to cure any ambiguity, to correct or supplement any provision herein, in the Notes which may be defective or inconsistent with any other provision herein or to make any other provisions with respect to matters or questions arising under this Indenture or the Notes; provided, however, that, in each case, such provisions shall not materially adversely affect the legal rights of the Holdersany Holder; (d) to comply with the requirements of the SEC in order to effect or maintain the qualification of this Indenture under the Trust Indenture Act, as contemplated by Section 9.05 hereof or otherwise; (e) to evidence and provide the acceptance of the appointment of a successor Trustee hereunder; (f) to mortgage, pledge, hypothecate or grant a security interest in any property or assets in favor of the Trustee for the benefit of the Holders as security for the payment and performance of this Indenture Obligations;; or (fg) to make any other change that does not materially adversely affect the legal rights of any Holder; or (g) to add Guarantors with respect to the Notes; 89 -81- provided, however, that the Company has delivered to the Trustee an Opinion of Counsel stating that such change, agreement or waiver does not materially adversely affect the legal rights of any Holder.

Supplemental Indentures, Agreements and Waivers Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution of the Board, and the Trustee, at any time and from time to time, may amend, waive, modify or supplement this Indenture or the Notes Securities of any series for any of the following purposes: (a) to evidence the succession of another person to the Company, and the assumption by any such successor of the covenants of the Company in the NotesSecurities of any or all series; (b) to add to the covenants of the Company for the benefit of the Holders, or to surrender any right or power herein conferred upon the Company, herein, in the NotesSecurities; (c) to cure any ambiguity, to correct or supplement any provision herein, in the Notes Securities of such series which may be defective or inconsistent with any other provision herein or to make any other provisions with respect to matters or questions arising under this Indenture or the NotesSecurities of such series; provided, however, that, in each case, such provisions shall not materially adversely affect the legal rights of the Holders; (d) to comply with the requirements of the SEC in order to effect or maintain the qualification of this Indenture under the Trust Indenture Act, as contemplated by Section 9.05 hereof or otherwise; (e) to mortgage, pledge, hypothecate or grant a security interest in any property or assets in favor of the Trustee for the benefit of the Holders as security for the payment and performance of this the Indenture Obligations; (f) to make any other change that does not materially adversely affect the legal rights of any Holder; or; (g) to add Guarantors with respect to the NotesSecurities of any series; or (h) to establish the form or forms or terms of Securities of any series or of the coupons appertaining to such Securities as permitted by Section 3.01; provided, however, that the Company has delivered to the Trustee an Opinion of Counsel stating that such change, agreement or waiver does not materially adversely affect the legal rights of any Holder.

Supplemental Indentures, Agreements and Waivers Without Consent of Holders. Without the consent of any Holders, the CompanyCompany and the Guarantors, when authorized by a Board Resolution of the BoardBoard of Directors of the Company and each Guarantor, and the Trustee, at any time and from time to time, may amend, waive, modify or supplement this Indenture or the Notes or the Note Guarantees for any of the following purposes: (a) to evidence the succession of another person to the CompanyCompany or a Guarantor, and the assumption by any such successor of the covenants of the Company or such Guarantor herein and in the NotesNotes and/or in any Note Guarantee, as the case may be; (b) to add to the covenants of the Company or any Guarantor for the benefit of the Holders, or to surrender any right or power herein conferred upon the CompanyCompany or any Guarantor, as applicable, herein, in the NotesNotes or in any Note Guarantee, as the case may be; (c) to cure any ambiguity, to correct or supplement any provision herein, in the Notes or in any Note Guaran- tee which may be defective or inconsistent with any other provision herein or to make any other provisions with respect to matters or questions arising under this Indenture Indenture, the Notes or the Notesany Note Guarantee; provided, -------- however, that, in each case, such provisions shall not materially adversely ------- affect the legal rights of the Holders; (d) to comply with the requirements of the SEC Commission in order to effect or maintain the qualification of this Indenture under the Trust Indenture Act, as contemplated by Section 9.05 hereof or otherwise; (e) to add a Guarantor pursuant to the requirements of Section 10.15 hereof or otherwise; (f) to evidence and provide the acceptance of the appointment of a successor Trustee hereunder; (g) to mortgage, pledge, hypothecate or grant a security interest in any property or assets in favor of the Trustee for the benefit of the Holders as security for the payment and performance of this the Indenture Obligations;; or (fh) to make any other change that does not materially adversely affect the legal rights of any Holder; or (g) to add Guarantors with respect to the Notes; provided, however, that the Company has delivered to the Trustee an Opinion of -------- ------- Counsel stating that such change, agreement or waiver does not materially adversely affect the legal rights of any Holder.

Supplemental Indentures, Agreements and Waivers Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution of the Board, and the Trustee, at any time and from time to time, may amend, waive, modify or supplement this Indenture or the Notes for any of the following purposes: (a) to evidence the succession of another person to the Company, and the assumption by any such successor of the covenants of the Company in the Notes; (b) to add to the covenants of the Company for the benefit of the Holders, or to surrender any right or power herein conferred upon the Company, herein, in the Notes; (c) to cure any ambiguity, to correct or supplement any provision herein, in the Notes which may be defective or inconsistent with any other provision herein or to make any other provisions with respect to matters or questions arising under this Indenture or the Notes; provided, however, that, in each case, such provisions shall not materially adversely affect the legal rights of the Holders; (d) to comply with the requirements of the SEC in order to effect or maintain the qualification of this Indenture under the Trust Indenture Act, as contemplated by Section 9.05 hereof or otherwise; (e) to mortgage, pledge, hypothecate or grant a security interest in any property or assets in favor of the Trustee for the benefit of the Holders as security for the payment and performance of this Indenture Obligations; (f) to make any other change that does not materially adversely affect the legal rights of any Holder; or (g) to add Guarantors with respect to the Notes; provided, however, that the Company has delivered to the Trustee an Opinion of Counsel stating that such change, agreement or waiver does not materially adversely affect the legal rights of any Holder; or (g) to add Guarantors with respect to the Notes.

Supplemental Indentures, Agreements and Waivers Without Consent of Holders. Without notice to or the consent of any HoldersHolders of a series of Securities, the CompanyIssuer, when authorized by a Board Resolution of the BoardBoard of Directors, and the Trustee, at any time and from time to time, may amend, waive, modify or supplement this Indenture or the Notes Securities of any particular series for any of the following specified purposes: (a) to evidence the succession of another person to the CompanyIssuer, and the assumption by any such successor of the covenants of the Company Issuer herein and in the Notes;Securities; or (b) to add to the covenants of the Company Issuer for the benefit of the HoldersHolders 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 the series), or to surrender any right or power herein conferred upon the Company, herein, in the NotesIssuer; (c) to add any additional Events of Default with respect to all or any series of Securities; or (d) to add 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 (e) to change or eliminate any of the provisions of this Indenture, provided that any such change or elimination shall become effective only when there is no Security Outstanding of any series created prior to the execution of such supplemental Indenture which is entitled to the benefit of such provision; or (f) to secure the Securities; or (g) to establish the form or terms of Securities of any series as permitted by Sections 2.01 and 3.01 including any subordination provisions; or (h) to evidence and provide for the acceptance of appointment hereunder by a Trustee or 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; or (i) to cure any ambiguity, to correct or supplement any provision herein, in the Notes Securities which may be defective or inconsistent with any other provision herein or to make any other provisions with respect to matters or questions arising under this Indenture or the NotesSecurities; provided, however, that, in each case, such provisions shall not materially adversely affect the legal rights of the Holders; (dj) to comply with the requirements of the SEC in order to effect or maintain the qualification of this Indenture under the Trust Indenture Act, as contemplated by Section 9.05 hereof or otherwise; (ek) to mortgage, pledge, hypothecate or grant a security interest in any property or assets in favor of the Trustee for the benefit of the Holders as security for the payment and performance of this the Indenture Obligations; (fl) to make any other change that does not materially adversely affect the legal rights of any Holder; or (gm) to add Guarantors with respect to the NotesSecurities; provided, however, that the Company Issuer has delivered to the Trustee an Opinion of Counsel stating that such changeamendment, agreement waiver, modification or waiver supplement does not materially adversely affect the legal rights of any Holder. Upon request of the Issuer, accompanied by a Board Resolution authorizing the execution of any such supplemental indenture, and upon receipt by the Trustee of the documents described in (and subject to the last sentence of) Section 9.03, the Trustee shall join with the Issuer in the execution of any supplemental indenture authorized or permitted by the terms of this Indenture.

Supplemental Indentures, Agreements and Waivers Without Consent of Holders. Without the consent of any HoldersHolder, the CompanyIssuer, when authorized by a Board Resolution of the BoardBoard of Directors, and the Trustee, at any time and from time to time, may amend, waive, modify or supplement this Indenture or the Notes for any of the following specified purposes: (a) to evidence the succession of another person to the CompanyIssuer, and the assumption by any such successor of the covenants of the Company Issuer in the Notes; (b) to add to the covenants of the Company Issuer for the benefit of the Holders, or to surrender any right or power herein conferred upon the CompanyIssuer, herein, in the Notes; (c) to cure any ambiguity, to correct or supplement any provision herein, in the Notes which may be defective or inconsistent with any other provision herein or to make any other provisions with respect to matters or questions arising under this Indenture or the Notes; provided, however, that, in each case, such provisions shall not materially adversely affect the legal rights of the Holders; (d) to comply with the requirements of the SEC in order to effect or maintain the qualification of this Indenture under the Trust Indenture Act, as contemplated by Section 9.05 hereof or otherwise; (e) to mortgage, pledge, hypothecate or grant a security interest in any property or assets in favor of the Trustee for the benefit of the Holders as security for the payment and performance of this the Indenture Obligations; (f) to make any other change that does not materially adversely affect the legal rights of any Holder; or (g) to add Guarantors with respect to the Notes; provided, however, that the Company Issuer has delivered to the Trustee an Opinion of Counsel stating that such changeamendment, agreement waiver, modification or waiver supplement does not materially adversely affect the legal rights of any Holder.

Supplemental Indentures, Agreements and Waivers Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution of the BoardResolution, and the Trustee, at any time and from time to time, may amendenter into one or more indentures supplemental hereto, waivein form and substance satisfactory to the Trustee, modify or supplement this Indenture or the Notes waiver for any of the following purposes:: 79 - 72 - (a) to evidence the succession of another person to the Company, and the assumption by any such successor of the covenants of the Company herein and in the NotesSecurities; (b) to add to the covenants of the Company for the benefit of the Holders, or to surrender any right or power herein conferred upon the Company, as applicable, herein, in the NotesSecurities, as the case may be; (c) to cure any ambiguity, to correct or supplement any provision herein, in the Notes Securities which may be defective or inconsistent with any other provision herein or to make any other provisions with respect to matters or questions arising under this Indenture or and the NotesSecurities; provided, however, that, in each case, such provisions shall not materially adversely affect the legal rights interests of the Holders; (d) to comply with the requirements of the SEC Commission in order to effect or maintain the qualification of this Indenture under the Trust Indenture Act, as contemplated by Section 9.05 hereof or otherwise; (e) to evidence and provide the acceptance of the appointment of a successor Trustee hereunder; or (f) to mortgage, pledge, hypothecate or grant a security interest in any property or assets in favor of the Trustee for the benefit of the Holders as security for the payment and performance of this the Indenture Obligations; (f) to make any other change that does not materially adversely affect the legal rights of any Holder; or (g) to add Guarantors with respect to the Notes; provided, however, that the Company has delivered to the Trustee an Opinion of Counsel stating that such change, agreement or waiver does not materially adversely affect the interests or legal rights of any HolderHolders.

Supplemental Indentures, Agreements and Waivers Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution of the BoardBoard of Directors of the Company, and the Trustee, at any time and from time to time, may amend, waivewaive or enter into one or more indentures supplemental hereto, modify or supplement this Indenture or in form and substance satisfactory to the Notes Trustee, for any of the following purposes: (a) to the extent permitted herein, to evidence the succession of another person to the Company, and the assumption by any such successor of the covenants of the Company herein and in the NotesSecurities; (b) to add to the covenants of the Company for the benefit of the Holders, or to surrender any right or power herein conferred upon the Company, herein, herein or in the NotesSecurities; (c) to cure any ambiguity, ambiguity or to correct or supplement any provision herein, herein or in the Notes Securities which may be defective or inconsistent with any other provision herein or to make any other provisions with respect to matters or questions arising under this Indenture or the NotesSecurities; provided, however, that, in each case, such provisions shall not materially adversely affect the interests or legal rights of any Holder and the Company has delivered to the Trustee an Opinion of Counsel stating that such change, agreement or waiver does not materially adversely affect the interests or legal rights of any Holders; (de) to comply with add a Guarantor pursuant to the requirements of the SEC in order to effect or maintain the qualification of this Indenture under the Trust Indenture Act, as contemplated by Section 9.05 hereof or otherwise10.19 hereof; (ef) to evidence and provide the acceptance of the appointment of a successor Trustee hereunder; or (g) to mortgage, pledge, hypothecate or grant a security interest in any property or assets in favor of the Trustee for the benefit of the Holders as security for the payment and performance of this Indenture Obligations; (f) to make any other change that does not materially adversely affect the legal rights of any Holder; or (g) to add Guarantors with respect to the Notes; provided, however, that the Company has delivered to the Trustee an Opinion of Counsel stating that such change, agreement or waiver does not materially adversely affect the interests or legal rights of any HolderHolders.

Supplemental Indentures, Agreements and Waivers Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution of the BoardResolution, and the Trustee, at any time and from time to time, may amendenter into one or more indentures supplemental hereto, waivein form and substance satisfactory to the Trustee, modify or supplement this Indenture or the Notes waiver for any of the following purposes: (a) to evidence the succession of another person to the Company, and the assumption by any such successor of the covenants of the Company herein and in the NotesSecurities; (b) to add to the covenants of the Company for the benefit of the Holders, or to surrender any right or power herein conferred upon the Company, as applicable, herein, in the Notes;Securities, as the case may be; 90 (c) to cure any ambiguity, to correct or supplement any provision herein, in the Notes Securities which may be defective or inconsistent with any other provision herein or to make any other provisions with respect to matters or questions arising under this Indenture or and the NotesSecurities; provided, however, that, in each case, such provisions shall not materially adversely affect the legal rights interests of the Holders; (d) to comply with the requirements of the SEC in order to effect or maintain the qualification of this Indenture under the Trust Indenture Act, as contemplated by Section 9.05 hereof or otherwise; (e) to evidence and provide the acceptance of the appointment of a successor Trustee hereunder; or (f) to mortgage, pledge, hypothecate or grant a security interest in any property or assets in favor of the Trustee for the benefit of the Holders as security for the payment and performance of this Indenture Obligations; (f) Obligations or to make any other change that does not materially adversely affect amend, modify or supplement the legal rights Escrow Agreement to insure a first priority perfected security interest on the Collateral in favor of any Holder; or (g) to add Guarantors with respect to the NotesTrustee; provided, however, that the Company has delivered to the Trustee an Opinion of Counsel stating that such change, agreement or waiver does not materially adversely affect the interests or legal rights of any HolderHolders.

Supplemental Indentures, Agreements and Waivers Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution of the BoardResolution, and the Trustee, at any time and from time to time, may amendenter into one or more indentures supplemental hereto, waivein form and substance satisfactory to the Trustee, modify or supplement this Indenture or the Notes waiver for any of the following purposes: (a) to evidence the succession of another person to the Company, and the assumption by any such successor of the covenants of the Company herein and in the NotesSecurities; (b) to add to the covenants of the Company for the benefit of the Holders, or to surrender any right or power herein conferred upon the Company, as applicable, herein, in the NotesSecurities, as the case may be; (c) to cure any ambiguity, to correct or supplement any provision herein, in the Notes Securities which may be defective or inconsistent with any other provision herein or to make any other provisions with respect to matters or questions arising under this Indenture or and the NotesSecurities; provided, however, that, in each case, such provisions shall not materially adversely affect the legal rights interests of the Holders; (d) to comply with the requirements of the SEC in order to effect or maintain the qualification of this Indenture under the Trust Indenture Act, as contemplated by Section 9.05 hereof or otherwise; (e) to evidence and provide the acceptance of the appointment of a successor Trustee hereunder; (f) to mortgage, pledge, hypothecate or grant a security interest in any property or assets in favor of the Trustee for the benefit of the Holders as security for the payment and performance of this Indenture Obligations; (f) to make any other change that does not materially adversely affect the legal rights of any Holder; or (g) to add Guarantors with respect to increase the Notesrate of interest on the Securities or otherwise amend its indenture in a manner benefiting the Holders; provided, however, that the Company has delivered to the Trustee an Opinion of Counsel stating that such change, agreement or waiver does not materially adversely affect the interests or legal rights of any HolderHolders.

Supplemental Indentures, Agreements and Waivers Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution of the BoardResolution, and the Trustee, at any time and from time to time, may amendenter into one or more indentures supplemental hereto, waivein form and substance satisfactory to the Trustee, modify or supplement this Indenture or the Notes waiver for any of the following purposes:: 79 -72- (a) to evidence the succession of another person to the Company, and the assumption by any such successor of the covenants of the Company herein and in the NotesSecurities; (b) to add to the covenants of the Company for the benefit of the Holders, or to surrender any right or power herein conferred upon the Company, as applicable, herein, in the NotesSecurities, as the case may be; (c) to cure any ambiguity, to correct or supplement any provision herein, in the Notes Securities which may be defective or inconsistent with any other provision herein or to make any other provisions with respect to matters or questions arising under this Indenture or and the NotesSecurities; provided, however, that, in each case, such provisions shall not materially adversely affect the legal rights interests of the Holders; (d) to comply with the requirements of the SEC Commission in order to effect or maintain the qualification of this Indenture under the Trust Indenture Act, as contemplated by Section 9.05 hereof or otherwise; (e) to evidence and provide the acceptance of the appointment of a successor Trustee hereunder; or (f) to mortgage, pledge, hypothecate or grant a security interest in any property or assets in favor of the Trustee for the benefit of the Holders as security for the payment and performance of this the Indenture Obligations; (f) to make any other change that does not materially adversely affect the legal rights of any Holder; or (g) to add Guarantors with respect to the Notes; provided, however, that the Company has delivered to the Trustee an Opinion of Counsel stating that such change, agreement or waiver does not materially adversely affect the interests or legal rights of any HolderHolders.