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 of Directors of the Company, and the Trustee, at any time and from time to time, may amend, waive or enter into one or more indentures supplemental hereto, in form and substance satisfactory to the 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 Securities; (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 or in the Securities; (c) to cure any ambiguity or to correct or supplement any provision herein or in the 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 Securities; 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; (d) to comply with the requirements of the 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 10.19 hereof; (f) 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; 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 Holders.
Appears in 1 contract
Samples: Indenture (Optel Inc)
Supplemental Indentures, Agreements and Waivers Without Consent of Holders. Without the consent of any Holders, the CompanyCompany and the Guarantors, if any, when authorized by a Board Resolution of the Board of Directors of the CompanyCompany and each Guarantor, and the Trustee, at any time and from time to time, may amend, waive or enter into one or more indentures supplemental heretohereto or agreements or other instruments with respect to any Guarantee, in form and substance satisfactory to the Trustee, or waiver for any of the following purposes:
(a) to the extent permitted herein, to evidence the succession succession, in compliance with Article Eight hereof, 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 SecuritiesSecurities and/or in any Guarantee, 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, herein as applicable, herein, in the Securities or in any Guarantee, as the Securitiescase may be;
(c) to cure any ambiguity or ambiguity, to correct or supplement any provision herein or herein, in the Securities or in any Guarantee 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 Securities or the Securitiesany Guarantee; 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;
(d) to comply with the requirements of the Commission in order to (i) effect or maintain the qualification of this Indenture under the Trust Indenture Act, as contemplated by Section 9.05 hereof or otherwiseotherwise or (ii) satisfy the requirements of any change to Rule 144A, Regulation D or Regulation S during any period that any Security issued hereunder is required to bear the Private Placement Legend or other similar restrictive legend;
(e) to add a Guarantor pursuant to the requirements terms of Article Fourteen and Section 10.19 10.18 hereof;
(f) to evidence and provide for 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 the Indenture Obligations; 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 Holders.
Appears in 1 contract
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 Resolution, each Subsidiary Guarantor, if any, when authorized by a Subsidiary Guarantor Board of Directors of the CompanyResolution, and the Trustee, at any time and from time to time, may amend, waive waive, modify or enter into one supplement this Indenture or more indentures supplemental hereto, in form and substance satisfactory to the Trustee, Notes 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 SecuritiesNotes 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 or Company in the SecuritiesNotes or this Indenture;
(c) to cure any ambiguity ambiguity, or to correct or supplement any provision herein in this Indenture or in the Securities 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 SecuritiesNotes; 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;
(d) to comply with the requirements of the Commission 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 add a Guarantor pursuant to the requirements of Section 10.19 hereof;
(f) to evidence and provide the acceptance of the appointment of a successor Trustee hereunder; or;
(gf) 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;
(g) to provide for assumption of a Subsidiary Guarantor's obligations under its Subsidiary Guarantee upon a merger, consolidation, sale, assignment, transfer, lease, conveyance or other disposition of all or substantially all of the property and assets of such Subsidiary Guarantor, in compliance with Section 13.03;
(h) to add or release a Subsidiary Guarantor in compliance with the provisions of Article Thirteen hereof; or
(i) to make any other change that does not adversely affect the legal rights of any Holder; 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 HoldersHolder.
Appears in 1 contract
Samples: Indenture (Wam Net Inc)
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 Board of Directors of the CompanyCompany and each Guarantor, and the Trustee, at any time and from time to time, may amend, waive waive, modify or enter into one supplement this Indenture or more indentures supplemental hereto, in form and substance satisfactory to the Trustee, Notes or the Note Guarantees for any of the following purposes:
(a) to the extent permitted herein, 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 SecuritiesNotes 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, herein as applicable, herein, in the Notes or in any Note Guarantee, as the Securitiescase may be;
(c) to cure any ambiguity or ambiguity, to correct or supplement any provision herein herein, in the Notes or in the Securities any Note Guarantee 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 Securitiesany Note Guarantee; 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;
(d) to comply with the requirements of the 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 10.19 hereof10.16 hereof or otherwise;
(f) 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 the Indenture Obligations; or
(h) to make any other change that does not materially adversely affect the legal rights of any Holder; 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 HoldersHolder.
Appears in 1 contract
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 Board of Directors of the CompanyCompany and each Guarantor, and the Trustee, at any time and from time to time, may amend, waive waive, modify or enter into one supplement this Indenture or more indentures supplemental hereto, in form and substance satisfactory to the Trustee, Notes or the Guarantees for any of the following purposes:
(a) to the extent permitted herein, to evidence the succession 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 SecuritiesNotes and/or in any Guarantee, as the case may be, in accordance with Article Eight;
(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, herein as applicable, herein, in the Notes or in any Guarantee, as the Securitiescase may be;
(c) to cure any ambiguity or to correct or supplement any provision herein or in the 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 Securities; provided, however, thatherein, in each casethe Notes, such provisions shall not materially adversely affect the interests or legal rights of in 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 HoldersGuarantee;
(d) to comply with the requirements of the 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 secure the Notes or to add a Guarantor pursuant to the requirements of Section 10.19 hereof10.18 hereof or otherwise;
(f) to evidence and provide the acceptance of the appointment of a successor Trustee hereunder; or
(g) to mortgagemake any other provisions with respect to matters or questions arising under this Indenture, pledgethe Notes or any Guarantee; PROVIDED, hypothecate that in the case of clause (b), (c) or grant a security interest in (g), such provisions shall not adversely affect the interests of any property or assets in favor of the Trustee for the benefit holders of the Holders as security for the payment Notes and performance of this Indenture Obligations; provided, however, that the Company has shall have delivered to the Trustee an Opinion of Counsel stating that to such change, agreement or waiver does not materially adversely affect the interests or legal rights of any Holderseffect.
Appears in 1 contract
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 Board of Directors of the CompanyCompany and each Guarantor, and the Trustee, at any time and from time to time, may amend, waive waive, modify or enter into one supplement this Indenture or more indentures supplemental hereto, in form and substance satisfactory to the Trustee, Notes or the Guarantees for any of the following purposes:
(a) to the extent permitted herein, to evidence the succession 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 SecuritiesNotes and/or in any Guarantee, as the case may be, in accordance with Article Eight;
(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, herein as applicable, herein, in the Notes or in any Guarantee, as the Securitiescase may be;
(c) to cure any ambiguity or to correct or supplement any provision herein or in the 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 Securities; provided, however, thatherein, in each casethe Notes, such provisions shall not materially adversely affect the interests or legal rights of in 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 HoldersGuarantee;
(d) to comply with the requirements of the 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 secure the Notes pursuant to the requirements of Section 10.17 hereof or otherwise or to add a Guarantor pursuant to the requirements of Section 10.19 hereof10.22 hereof or otherwise;
(f) to evidence and provide the acceptance of the appointment of a successor Trustee hereunder; or
(g) to mortgagemake any other provisions with respect to matters or questions arising under this Indenture, pledgethe Notes or any Guarantee; PROVIDED, hypothecate or grant a security interest that, in any property case, such provisions shall not materially adversely affect the interests or assets in favor rights of the Trustee for the benefit any of the Holders as security for of the payment Notes and performance of this Indenture Obligations; provided, however, that the Company has shall have delivered to the Trustee an Opinion of Counsel stating to such effect. Notwithstanding the foregoing, an amendment under this Section may not make any change that adversely affects the rights under Article Fourteen of any holder of Senior Indebtedness of the Company or a Guarantor then outstanding unless the holders of such Senior Indebtedness (or any group or Representative thereof authorized to give a consent) consent to such change, agreement or waiver does not materially adversely affect the interests or legal rights of any Holders.
Appears in 1 contract
Samples: Indenture (Best Built Inc)
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 Board of Directors of the CompanyCompany and each Guarantor, and the Trustee, at any time and from time to time, may amend, waive waive, modify or enter into one supplement this Indenture or more indentures supplemental hereto, in form and substance satisfactory to the Trustee, Notes or the Note Guarantees for any of the following purposes:
(a) to the extent permitted herein, 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 SecuritiesNotes 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, herein as applicable, herein, in the Notes or in any Note Guarantee, as the Securitiescase may be;
(c) to cure any ambiguity or ambiguity, to correct or supplement any provision herein herein, in the Notes or in the Securities any Note Guarantee 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 Securitiesany Note Guarantee; 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;
(d) to comply with the requirements of the 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 10.19 hereof10.15 hereof or otherwise;
(f) 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 the Indenture Obligations; or
(h) to make any other change that does not materially adversely affect the legal rights of any Holder; 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 HoldersHolder.
Appears in 1 contract
Samples: Indenture (Saks Inc)
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 Board of Directors of the CompanyCompany and each Guarantor, and the Trustee, at any time and from time to time, may amend, waive waive, modify or enter into one supplement this Indenture or more indentures supplemental hereto, in form and substance satisfactory to the Trustee, Securities or the Security Guarantees for any of the following purposes:
(a) to the extent permitted herein, 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 SecuritiesSecurities and/or in any Security 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, herein as applicable, herein, in the Securities or in any Security Guarantee, as the Securitiescase may be;
(c) to cure any ambiguity or ambiguity, to correct or supplement any provision herein or herein, in the Securities or in any Security Guarantee 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 Securities or the Securitiesany Security Guarantee; 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;
(d) to comply with the requirements of the 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 10.19 hereof10.17 hereof or otherwise;
(f) 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 the Indenture Obligations; or
(h) to make any other change that does not materially adversely affect the legal rights of any Holder; 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 HoldersHolder.
Appears in 1 contract
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 of Directors of the Company, and the Trustee, at any time and from time to time, may amend, waive waive, modify or enter into one supplement this Indenture or more indentures supplemental hereto, in form and substance satisfactory to the Trustee, Notes for any of the following purposes:
(a) to the extent permitted herein, to evidence the succession of another person Person to the Company, Company and the assumption by any such successor of the covenants of the Company herein and in the SecuritiesNotes in accordance with Article Eight;
(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 CompanyCompany as applicable, herein or herein, in the SecuritiesNotes;
(c) to cure any ambiguity or to correct or supplement any provision herein or in the Securities which that 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 Securities; provided, however, thatherein, 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 HoldersNotes;
(d) to comply with the requirements of the 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 secure the Notes pursuant to the requirements of Section 10.19 hereof10.17 hereof or otherwise;
(f) to evidence and provide the acceptance of the appointment of a successor Trustee hereunder; or
(g) to mortgagemake any other provisions with respect to matters or questions arising under this Indenture or the Notes; PROVIDED, pledgethat, hypothecate or grant a security interest in any property case, such provisions shall not materially adversely affect the interests or assets in favor rights of the Trustee for the benefit any of the Holders as security for of the payment Notes and performance of this Indenture Obligations; provided, however, that the Company has shall have delivered to the Trustee an Opinion of Counsel stating that to such change, agreement or waiver does not materially adversely affect the interests or legal rights of any Holderseffect.
Appears in 1 contract
Samples: Indenture (Atrium Corp)
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 Board of Directors of the CompanyCompany and each Guarantor, and the Trustee, at any time and from time to time, may amend, waive waive, modify or enter into one supplement this Indenture or more indentures supplemental hereto, in form and substance satisfactory to the Trustee, Notes or the Note Guarantees for any of the following purposes:
(a) to the extent permitted herein, to evidence the succession 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 SecuritiesNotes 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, herein as applicable, herein, in the Notes or in any Note Guarantee, as the Securitiescase may be;
(c) to cure any ambiguity or ambiguity, to correct or supplement any provision herein herein, in the Notes or in the Securities any Note Guarantee 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 Securitiesany Note Guarantee; provided, 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;
(d) to comply with the requirements of the 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 10.19 hereof;
(f) 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; 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 Holders.
Appears in 1 contract
Samples: Indenture (Saks Inc)
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 Board of Directors of the CompanyCompany and each Guarantor, and the Trustee, at any time and from time to time, may amend, waive waive, modify or enter into one supplement this Indenture or more indentures supplemental hereto, in form and substance satisfactory to the Trustee, Notes or the Guarantees for any of the following purposes:
(a) to the extent permitted herein, to evidence the succession 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 SecuritiesNotes and/or in any Guarantee, as the case may be, in accordance with Article Eight;
(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, herein as applicable, herein, in the Notes or in any Guarantee, as the Securitiescase may be;
(c) to cure any ambiguity or to correct or supplement any provision herein or in the 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 Securities; provided, however, thatherein, in each casethe Notes, such provisions shall not materially adversely affect the interests or legal rights of in 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 HoldersGuarantee;
(d) to comply with the requirements of the 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 secure the Notes pursuant to the requirements of Section 10.17 hereof or otherwise or to add a Guarantor pursuant to the requirements of Section 10.19 hereof;
10.18 hereof or otherwise; (f) 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; 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 Holders.
Appears in 1 contract
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 Board of Directors of the CompanyCompany and each Guarantor, and the Trustee, at any time and from time to time, may amend, waive or enter into one or more indentures supplemental heretohereto or agreements or other instruments with respect to any Guarantee, in form and substance satisfactory to the Trustee, or waiver for any of the following purposes:
(a) to the extent permitted herein, 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 SecuritiesSecurities and/or in any 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, herein as applicable, herein, in the Securities or in any Guarantee, as the Securitiescase may be;
(c) to cure any ambiguity or ambiguity, to correct or supplement any provision herein or herein, in the Securities or in any Guarantee 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 Securities or the Securitiesany Guarantee; 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;
(d) to comply with the requirements of the 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 10.19 hereof;
(f) 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 the Indenture Obligations; 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 Holders.
Appears in 1 contract
Samples: Indenture (Blue Bird Corp)
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 Board of Directors of the CompanyCompany and each Guarantor, and the Trustee, at any time and from time to time, may amend, waive or enter into one or more indentures supplemental heretohereto or agreements or other instruments with respect to this Indenture, in form and substance satisfactory to the Trustee, or waiver for any of the following purposes:
(a) to the extent permitted herein, 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 Securities, 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, as applicable, herein or in the Securities, as the case may be;
(c) to cure any ambiguity or ambiguity, to correct or supplement any provision herein or in the 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 Securities; 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;
(d) to comply with the requirements of the 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 terms of Section 10.19 hereofArticle Thirteen;
(fe) to evidence and provide the acceptance of the appointment of a successor Trustee or co-trustee hereunder; orand
(gf) 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; 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 Holders.
Appears in 1 contract
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 Board of Directors of the CompanyDirectors, and the Trustee, at any time and from time to time, may amend, waive waive, modify or enter into one supplement this Indenture or more indentures supplemental hereto, in form and substance satisfactory to the Trustee, Securities of any particular series for any of the following specified purposes:
(a) to the extent permitted herein, 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 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 or in the SecuritiesIssuer;
(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; 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 or ambiguity, to correct or supplement any provision herein or herein, in the 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 Securities; 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;
(dj) to comply with the requirements of the Commission 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 add a Guarantor pursuant to the requirements of Section 10.19 hereof;
(f) to evidence and provide the acceptance of the appointment of a successor Trustee hereunder; or
(gk) 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;
(l) to make any other change that does not materially adversely affect the legal rights of any Holder; or
(m) to add Guarantors with respect to the Securities; 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 interests or legal rights of any HoldersHolder. 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.
Appears in 1 contract
Samples: Senior Debt Indenture (Caprock Communications Corp)
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 Board of Directors of the CompanyResolution, and the Trustee, together, at any time and from time to time, may amend, waive waive, modify or enter into one supplement this Indenture or more indentures supplemental hereto, in form and substance satisfactory to the Trustee, Notes for any of the following purposes:
(a) to the extent permitted herein, to evidence the succession of another person Person to the Company, and the assumption by any such successor of the covenants of the Company herein and in the SecuritiesNotes 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 or Company in the SecuritiesNotes or this Indenture;
(c) to cure any ambiguity ambiguity, or to correct or supplement any provision herein in this Indenture or in the Securities 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 SecuritiesNotes; providedPROVIDED, howeverHOWEVER, 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;
(d) to comply with the requirements of the Commission 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 add a Guarantor pursuant to the requirements of Section 10.19 hereof;
(f) to evidence and provide the acceptance of the appointment of a successor Trustee hereunder; or;
(gf) 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;
(g) 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; providedor
(i) to make any other change that does not adversely affect in any material respect the legal rights of any Holder; PROVIDED, howeverHOWEVER, 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 interests or legal rights provisions of any Holdersthis Section 9.01.
Appears in 1 contract
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 Board of Directors of the CompanyCompany and each Guarantor, and the Trustee, at any time and from time to time, may amend, waive or enter into one or more indentures supplemental heretohereto or agreements or other instruments with respect to this Indenture, in form and substance satisfactory to the Trustee, or waiver for any of the following purposes:
(a) to the extent permitted herein, 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 Securities, 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, as applicable, herein or in the Securities, as the case may be;
(c) to cure any ambiguity or ambiguity, to correct or supplement any provision herein or in the Securities which may be defective or inconsistent with any other provision herein or to make any other provisions with respect to matters or 119 questions arising under this Indenture or the Securities; 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;
(d) to comply with the requirements of the 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 terms of Section 10.19 hereofArticle Thirteen;
(fe) to evidence and provide the acceptance of the appointment of a successor Trustee or co-trustee hereunder; orand
(gf) 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; 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 Holders.
Appears in 1 contract
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 Board of Directors of the CompanyCompany and each Guarantor, and the Trustee, at any time and from time to time, may amend, waive waive, modify or enter into one supplement this Indenture or more indentures supplemental hereto, in form and substance satisfactory to the Trustee, Notes or the Note Guarantees for any of the following purposes:
(a) to the extent permitted herein, to evidence the succession 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 SecuritiesNotes 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, herein as applicable, herein, in the Notes or in any Note Guarantee, as the Securitiescase may be;
(c) to cure any ambiguity or ambiguity, to correct or supplement any provision herein herein, in the Notes or in the Securities any Note Guarantee 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 Securitiesany Note Guarantee; provided, 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;
(d) to comply with the requirements of the 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 10.19 hereof10.15 hereof or otherwise;
(f) 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 the Indenture Obligations; provided, or
(h) to make any other change that does not materially adversely affect the legal rights of any Holder; 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 HoldersHolder.
Appears in 1 contract
Samples: Indenture (Saks Inc)