Common use of Supplemental Indentures Requiring Consent of Holders Clause in Contracts

Supplemental Indentures Requiring Consent of Holders. With the consent (evidenced as provided in Article 7 hereof) of the Holders of not less than a majority in aggregate principal amount of the Securities at the time Outstanding of all Series affected by such supplemental indenture, the Company, when authorized by a Board Resolution, any Guarantor (with respect to a Guarantee to which it is a party or this Indenture) and the Trustee for such Series of Securities may, from time to time and at any time, enter into an indenture or indentures supplemental hereto (which shall conform to the provisions of the Trust Indenture Act, if such Act shall then be applicable to this Indenture, as in force at the date of execution thereof) for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture or of any supplemental indenture or of modifying in any manner the rights of the Holders of each such Series; provided, that no such supplemental indenture shall (a) change the final maturity of any Security, reduce the principal amount thereof, reduce the rate or extend the time of payment of interest thereon or reduce any amount payable on redemption thereof, change the Currency in which payments in respect of any Security are made, impair or affect the right of any Holder to institute suit for payment thereof or release any Guarantor from any of its obligations under its Guarantee or this Indenture, except as permitted by this Indenture, or (b) reduce the aforesaid percentage of Securities of any Series, the consent of the Holders of which is required for any such supplemental indenture, in each case, without the consent of each Holder so affected. Upon the request of the Company, accompanied by a copy of a Board Resolution certified by the secretary or an assistant secretary of the Company authorizing the execution of any such supplemental indenture, and upon the filing with the Trustee for the Series of Securities affected thereby of evidence of the consent of Holders as set forth herein and other documents, if any, required by Section 7.1 hereof, the Trustee for such Series of Securities shall join with the Company and the Guarantors in the execution of such supplemental indenture unless such supplemental indenture affects such Trustee’s own rights, duties or immunities under this Indenture or otherwise, in which case such Trustee may, in its discretion, but shall not be obligated to, enter into such supplemental indenture. It shall not be necessary for the consent of the Holders under this Section 8.2 to approve the particular form of any proposed supplemental indenture, and it shall be sufficient if such consent shall approve the substance thereof. Promptly after the execution by the Company and the Trustee of any supplemental indenture pursuant to the provisions of this Section 8.2, the Company shall give notice in the manner and to the extent provided in Section 12.4 hereof to the Holders of each Series affected thereby at their addresses as they shall appear on the Securities Register, setting forth, in general terms, the substance of such supplemental indenture. Any failure of the Company to mail such notice, or any defect therein, shall not, however, in any way impair or affect the validity of any such supplemental indenture. For the purposes of this Section 8.2 hereof only, if the Securities of any Series are issuable upon the exercise of warrants, each holder of an unexercised and unexpired warrant with respect to such Series shall be deemed to be a Holder of Outstanding Securities of such Series in the amount issuable upon the exercise of such warrant. For such purposes, the ownership of any such warrant shall be determined by the Company in a manner consistent with customary commercial practices. The Trustee for such Series shall be entitled to rely on an Officer’s Certificate as to the principal amount of Securities of such Series in respect of which consents shall have been executed by holders of such warrants.

Supplemental Indentures Requiring Consent of Holders. With Exclusive of supplemental indentures covered by the consent (evidenced as provided preceding Section and subject to the terms and provisions contained in Article 7 hereof) of this Section, and not otherwise, the Holders of not less than a majority in aggregate principal amount of the Securities at Bonds then Outstanding shall have the time Outstanding of all Series affected by such supplemental indenture, the Company, when authorized by a Board Resolution, any Guarantor (with respect to a Guarantee to which it is a party or this Indenture) and the Trustee for such Series of Securities mayright, from time to time and at any time, enter into an anything contained in this Indenture to the contrary notwithstanding, to consent to and approve the execution by the Issuer and the Trustee of such other indenture or indentures supplemental hereto (which as shall conform to be requested by the provisions of Issuer or the Trust Indenture Act, if such Act shall then be applicable to this Indenture, Company as in force at the date of execution thereof) necessary and desirable for the purpose of modifying, altering, amending, adding any provisions to or changing rescinding, in any manner or eliminating particular, any of the terms or provisions of contained in this Indenture or of in any supplemental indenture indenture. Nothing in this Section or of modifying in any manner Section 701 hereof shall permit, however, or be construed as permitting, (i) without the rights consent of the Holders Holder of each such Series; providedBond so affected, that no such supplemental indenture shall (aA) change an extension of the final maturity of the principal of or the interest on any Security, reduce Bond or (B) a reduction in the principal amount thereof, reduce of any Bond or the rate or extend the time of payment of interest thereon or reduce any amount payable on redemption thereof, change the Currency in which payments in respect of any Security are made, impair or affect the right of any Holder to institute suit for payment thereof or release any Guarantor from any of its obligations under its Guarantee or this Indenture, except as permitted by this Indenture, premium thereon; or (bii) reduce the aforesaid percentage of Securities of any Series, without the consent of the Holders of which is all Bonds then Outstanding, (A) the creation of a privilege or priority of any Bond or Bonds over any other Bond or Bonds, or (B) a reduction in the aggregate principal amount of the Bonds required for consent to a supplemental indenture. If at any time the Issuer (or the Company, on the Issuer’s behalf) shall request the Trustee to enter into a supplemental indenture for any of the purposes of this Section, the Trustee shall, upon being satisfactorily indemnified with respect to expenses, cause notice of the proposed execution of such supplemental indenture (setting forth briefly the subject matter thereof and stating that copies thereof are available for inspection at the Trustee’s Office) to be mailed by first class mail, postage prepaid, to all Holders of Bonds then Outstanding at their addresses appearing on the Register. The Trustee shall not, however, be subject to any liability by reason of its failure to mail, or the failure of any Holder to receive, such notice, and any such failure shall not affect the validity of such supplemental indenture when consented to and executed as provided in this Section. If within such period, not exceeding one year, as shall be prescribed by the Issuer, following the giving of the notice referred to in the preceding paragraph of this Section, the Trustee shall receive an instrument or instruments purporting to be executed by the Holders of not less than a majority in aggregate principal amount of Bonds then Outstanding, which instrument or instruments shall refer to the proposed supplemental indenture described in such notice and shall specifically consent to the execution thereof in substantially the form referenced in such notice as on file with the Trustee, thereupon, but not otherwise, the Trustee shall execute such supplemental indenture in substantially such form, without liability or responsibility to any Holder of any Bond, whether or not such Holder shall have consented thereto. Any such consent shall be binding upon the Holder of the Bond giving the same and, anything in Section 1001 hereof to the contrary notwithstanding, upon any subsequent Holder of such Bond and of any Bond issued in exchange therefor (whether or not such subsequent Holder has notice thereof), unless such consent is revoked in writing by the Holder of such Bond giving such consent or by a subsequent Holder thereof by filing with the Trustee, prior to the execution by the Trustee of such supplemental indenture, in each case, without such revocation. At any time after the consent of each Holder so affected. Upon the request Holders of the Company, accompanied by a copy required percentage of a Board Resolution certified by Bonds shall have filed their consents to the secretary or an assistant secretary of the Company authorizing the execution of any such supplemental indenture, the Trustee shall make and upon the filing file with the Trustee for Issuer a written statement that the Series Holders of Securities affected thereby such required percentage of evidence Bonds have filed such consents, which statement shall be conclusive that such consents have been so filed. If the Holders of the consent required percentage in aggregate principal amount of Holders the Bonds Outstanding shall have consented to the execution thereof as set forth herein and other documentsprovided, if any, required by Section 7.1 hereof, the Trustee for such Series no Holder of Securities any Bond shall join with the Company and the Guarantors in have any right to object to the execution of such supplemental indenture unless such supplemental indenture affects such Trustee’s own rightsindenture, duties or immunities under this Indenture or otherwise, in which case such Trustee may, in its discretion, but shall not be obligated to, enter into such supplemental indenture. It shall not be necessary for the consent to object to any of the Holders under this Section 8.2 terms and provisions contained therein or the operation thereof, or in any manner to approve question the particular form propriety of any proposed supplemental indenture, and it shall be sufficient if such consent shall approve the substance thereof. Promptly after the execution by the Company and thereof, or to enjoin or restrain the Trustee of or the Issuer from executing the same or from taking any supplemental indenture action pursuant to the provisions of this Section 8.2, the Company shall give notice in the manner and to the extent provided in Section 12.4 hereof to the Holders of each Series affected thereby at their addresses as they shall appear on the Securities Register, setting forth, in general terms, the substance of such supplemental indenture. Any failure of the Company to mail such notice, or any defect therein, shall not, however, in any way impair or affect the validity of any such supplemental indenture. For the purposes of this Section 8.2 hereof only, if the Securities of any Series are issuable upon the exercise of warrants, each holder of an unexercised and unexpired warrant with respect to such Series shall be deemed to be a Holder of Outstanding Securities of such Series in the amount issuable upon the exercise of such warrant. For such purposes, the ownership of any such warrant shall be determined by the Company in a manner consistent with customary commercial practices. The Trustee for such Series shall be entitled to rely on an Officer’s Certificate as to the principal amount of Securities of such Series in respect of which consents shall have been executed by holders of such warrantsthereof.

Supplemental Indentures Requiring Consent of Holders. With Exclusive of supplemental indentures covered by the consent (evidenced as provided preceding Section and subject to the terms and provisions contained in Article 7 hereof) of this Section, and not otherwise, the Holders of not less than a majority in aggregate principal amount of the Securities at Bonds then Outstanding shall have the time Outstanding of all Series affected by such supplemental indenture, the Company, when authorized by a Board Resolution, any Guarantor (with respect to a Guarantee to which it is a party or this Indenture) and the Trustee for such Series of Securities mayright, from time to time and at any time, enter into an anything contained in this Indenture to the contrary notwithstanding, to consent to and approve the execution by the Issuer and the Trustee of such other indenture or indentures supplemental hereto (which as shall conform to be requested by the provisions of Issuer or the Trust Indenture Act, if such Act shall then be applicable to this Indenture, Company as in force at the date of execution thereof) necessary and desirable for the purpose of modifying, altering, amending, adding any provisions to or changing rescinding, in any manner or eliminating particular, any of the terms or provisions of contained in this Indenture or of in any supplemental indenture indenture. Nothing in this Section or of modifying in any manner Section 701 hereof shall permit, however, or be construed as permitting,(i) without the rights consent of the Holders Holder of each such Series; providedBond so affected, that no such supplemental indenture shall (aA) change an extension of the final maturity of the principal of or the interest on any Security, reduce Bond or (B) a reduction in the principal amount thereof, reduce of any Bond or the rate or extend the time of payment of interest thereon or reduce any amount payable on redemption thereof, change the Currency in which payments in respect of any Security are made, impair or affect the right of any Holder to institute suit for payment thereof or release any Guarantor from any of its obligations under its Guarantee or this Indenture, except as permitted by this Indenture, premium thereon; or (bii) reduce the aforesaid percentage of Securities of any Series, without the consent of the Holders of which is all Bonds then Outstanding, (A) the creation of a privilege or priority of any Bond or Bonds over any other Bond or Bonds, or (B) a reduction in the aggregate principal amount of the Bonds required for consent to a supplemental indenture. If at any time the Issuer (or the Company, on the Issuer's behalf) shall request the Trustee to enter into a supplemental indenture for any of the purposes of this Section, the Trustee shall, upon being satisfactorily indemnified with respect to expenses, cause notice of the proposed execution of such supplemental indenture (setting forth briefly the subject matter thereof and stating that copies thereof are available for inspection at the Trustee's Office) to be mailed by first class mail, postage prepaid, to all Holders of Bonds then Outstanding at their addresses appearing on the Register. The Trustee shall not, however, be subject to any liability by reason of its failure to mail, or the failure of any Holder to receive, such notice, and any such failure shall not affect the validity of such supplemental indenture when consented to and executed as provided in this Section. If within such period, not exceeding one year, as shall be prescribed by the Issuer, following the giving of the notice referred to in the preceding paragraph of this Section, the Trustee shall receive an instrument or instruments purporting to be executed by the Holders of not less than a majority in aggregate principal amount of Bonds then Outstanding, which instrument or instruments shall refer to the proposed supplemental indenture described in such notice and shall specifically consent to the execution thereof in substantially the form referenced in such notice as on file with the Trustee, thereupon, but not otherwise, the Trustee shall execute such supplemental indenture in substantially such form, without liability or responsibility to any Holder of any Bond, whether or not such Holder shall have consented thereto. Any such consent shall be binding upon the Holder of the Bond giving the same and, anything in Section 1001 hereof to the contrary notwithstanding, upon any subsequent Holder of such Bond and of any Bond issued in exchange therefor (whether or not such subsequent Holder has notice thereof), unless such consent is revoked in writing by the Holder of such Bond giving such consent or by a subsequent Holder thereof by filing with the Trustee, prior to the execution by the Trustee of such supplemental indenture, in each case, without such revocation. At any time after the consent of each Holder so affected. Upon the request Holders of the Company, accompanied by a copy required percentage of a Board Resolution certified by Bonds shall have filed their consents to the secretary or an assistant secretary of the Company authorizing the execution of any such supplemental indenture, the Trustee shall make and upon the filing file with the Trustee for Issuer a written statement that the Series Holders of Securities affected thereby such required percentage of evidence Bonds have filed such consents, which statement shall be conclusive that such consents have been so filed. If the Holders of the consent required percentage in aggregate principal amount of Holders the Bonds Outstanding shall have consented to the execution thereof as set forth herein and other documentsprovided, if any, required by Section 7.1 hereof, the Trustee for such Series no Holder of Securities any Bond shall join with the Company and the Guarantors in have any right to object to the execution of such supplemental indenture unless such supplemental indenture affects such Trustee’s own rightsindenture, duties or immunities under this Indenture or otherwise, in which case such Trustee may, in its discretion, but shall not be obligated to, enter into such supplemental indenture. It shall not be necessary for the consent to object to any of the Holders under this Section 8.2 terms and provisions contained therein or the operation thereof, or in any manner to approve question the particular form propriety of any proposed supplemental indenture, and it shall be sufficient if such consent shall approve the substance thereof. Promptly after the execution by the Company and thereof, or to enjoin or restrain the Trustee of or the Issuer from executing the same or from taking any supplemental indenture action pursuant to the provisions of this Section 8.2, the Company shall give notice in the manner and to the extent provided in Section 12.4 hereof to the Holders of each Series affected thereby at their addresses as they shall appear on the Securities Register, setting forth, in general terms, the substance of such supplemental indenture. Any failure of the Company to mail such notice, or any defect therein, shall not, however, in any way impair or affect the validity of any such supplemental indenture. For the purposes of this Section 8.2 hereof only, if the Securities of any Series are issuable upon the exercise of warrants, each holder of an unexercised and unexpired warrant with respect to such Series shall be deemed to be a Holder of Outstanding Securities of such Series in the amount issuable upon the exercise of such warrant. For such purposes, the ownership of any such warrant shall be determined by the Company in a manner consistent with customary commercial practices. The Trustee for such Series shall be entitled to rely on an Officer’s Certificate as to the principal amount of Securities of such Series in respect of which consents shall have been executed by holders of such warrantsthereof.

Supplemental Indentures Requiring Consent of Holders. With Exclusive‌ of supplemental indentures covered by Section 10.1 hereof and subject to the terms and provisions contained in this Section, and not otherwise, the Trustee, upon receipt of an instrument evidencing the consent (evidenced as provided in Article 7 hereof) of to the below-mentioned supplemental indenture by the Bondholder Representative or the Holders of not less than 51% of the aggregate principal amount of Bonds Outstanding and the Borrower, shall join with the Issuer in the execution of such other indenture or indentures supplemental hereto as shall be deemed necessary and desirable for the purpose of modifying, altering, amending, adding to, or rescinding, in any particular, any of the terms or provisions contained in this Indenture or in any supplemental indenture; provided, however, that nothing herein contained shall permit or be construed as permitting without the consent of the Holders of 100% of the principal amount of all Bonds adversely affected thereby: (1) an extension of the date when the principal or the interest on or any premium on any Bond is due; (2) a majority reduction in the principal amount of any Bond or the rate of interest thereon, or any premium; (3) a privilege or priority of any Bond or Bonds over any other Bond or Bonds except as may be otherwise expressly provided herein; (4) a reduction in the aggregate principal amount of the Bonds required for consent to such supplemental indenture; or (5) the modification of any of the provisions of this Section 10.2. If at any time the Issuer shall request the Trustee to enter into any such supplemental indenture for any of the purposes of this Section 10.2, the Trustee shall, upon being satisfactorily indemnified with respect to expenses, cause notice of the proposed execution of such supplemental indenture to be mailed by first class mail, postage prepaid, to the Borrower and the Holders at the addresses shown on the Bond Register. Such notice shall briefly set forth the nature of the proposed supplemental indenture and shall state that copies thereof are on file at the Principal Office of the Trustee for inspection by the Borrower and all Holders. The Trustee shall not, however, be subject to any liability to any Holder by reason of its failure to mail such notice to any particular Holder if notice was generally mailed to Holders, and any such failure shall not affect the validity of such supplemental indenture when consented to and approved as provided in this Section 10.2. If the Borrower and the Bondholder Representative or the Holders of not less than the applicable percentage (as referenced above) in aggregate principal amount of the Securities Bonds then Outstanding at the time Outstanding of all Series affected by such supplemental indenture, the Company, when authorized by a Board Resolution, any Guarantor (with respect to a Guarantee to which it is a party or this Indenture) and the Trustee for such Series of Securities may, from time to time and at any time, enter into an indenture or indentures supplemental hereto (which shall conform to the provisions of the Trust Indenture Act, if such Act shall then be applicable to this Indenture, as in force at the date of execution thereof) for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture or of any supplemental indenture or of modifying in any manner the rights of the Holders of each such Series; provided, that no such supplemental indenture shall (a) change the final maturity of any Security, reduce the principal amount thereof, reduce the rate or extend the time of payment of interest thereon or reduce any amount payable on redemption thereof, change the Currency in which payments in respect of any Security are made, impair or affect the right of any Holder to institute suit for payment thereof or release any Guarantor from any of its obligations under its Guarantee or this Indenture, except as permitted by this Indenture, or (b) reduce the aforesaid percentage of Securities of any Series, the consent of the Holders of which is required for any such supplemental indenture, in each case, without the consent of each Holder so affected. Upon the request of the Company, accompanied by a copy of a Board Resolution certified by the secretary or an assistant secretary of the Company authorizing the execution of any such supplemental indentureindenture shall have consented to and approved the execution thereof as herein provided, no Holder shall have any right to object to any of the terms and upon provisions contained herein or the filing with operation thereof, or in any manner to question the propriety of the execution thereof, or to enjoin or restrain the Trustee for or Issuer from executing the Series of Securities affected thereby of evidence of the consent of Holders as set forth herein and other documents, if any, required by Section 7.1 hereof, the Trustee for such Series of Securities shall join with the Company and the Guarantors in the execution of such supplemental indenture unless such supplemental indenture affects such Trustee’s own rights, duties same or immunities under this Indenture or otherwise, in which case such Trustee may, in its discretion, but shall not be obligated to, enter into such supplemental indenture. It shall not be necessary for the consent of the Holders under this Section 8.2 to approve the particular form of from taking any proposed supplemental indenture, and it shall be sufficient if such consent shall approve the substance thereof. Promptly after the execution by the Company and the Trustee of any supplemental indenture action pursuant to the provisions of this Section 8.2, thereof. Upon the Company shall give notice in the manner and to the extent provided in Section 12.4 hereof to the Holders of each Series affected thereby at their addresses as they shall appear on the Securities Register, setting forth, in general terms, the substance of such supplemental indenture. Any failure of the Company to mail such notice, or any defect therein, shall not, however, in any way impair or affect the validity execution of any such supplemental indenture. For the purposes of indenture as in this Section 8.2 hereof only10.2 permitted and provided, if the Securities of any Series are issuable upon the exercise of warrants, each holder of an unexercised and unexpired warrant with respect to such Series this Indenture shall be and is deemed to be a Holder of Outstanding Securities of such Series modified and amended in the amount issuable upon the exercise of such warrant. For such purposes, the ownership of any such warrant shall be determined by the Company in a manner consistent with customary commercial practices. The Trustee for such Series shall be entitled to rely on an Officer’s Certificate as to the principal amount of Securities of such Series in respect of which consents shall have been executed by holders of such warrantsaccordance herewith.

Supplemental Indentures Requiring Consent of Holders. With Exclusive of supplemental indentures covered by Section 12.01 and subject to the terms and provisions contained in this Section, and not otherwise, a Majority of Holders shall have the right, from time to time, anything contained herein to the contrary notwithstanding, to consent to and approve the execution by the Issuer and the Trustee of such other indenture or indentures supplemental hereto as shall be deemed necessary and desirable by the Issuer for the purpose of modifying, altering, amending, adding to or rescinding, in any particular, any of the terms or provisions contained herein or in any supplemental indenture; provided, however, that nothing in this Section contained shall permit, or be construed as permitting, (a) an extension of the maturity date (or mandatory sinking fund redemption date) on which the principal of or the interest on any Bond is, or is to become, due and payable, (b) a reduction in the principal amount of any Bond, the rate of interest thereon or any redemption premium, (c) a privilege or priority of any bond or Series 2017 Bond over any other Series 2017 Bond, or (d) a reduction in the principal amount of the Bonds required for consent to such supplemental indenture without the consent of two-thirds (evidenced as provided in Article 7 hereof2/3) of the Holders of not less than a majority in aggregate principal amount of the Securities at the time Outstanding of all Series 2017 Bonds adversely affected by such amendment. If the Issuer shall request the Trustee to enter into any such supplemental indentureindenture for any of the purposes of this Section, the CompanyTrustee shall, when authorized by a Board Resolution, any Guarantor (upon being satisfactorily indemnified with respect to expenses, cause written notice of the proposed execution of such supplemental indenture together with a Guarantee copy of such proposed supplemental indenture to which it is a party be given by first class mail, postage prepaid, to the Holders of the Bonds at their addresses shown on the Trustee’s books of registration. If, within sixty (60) days or this Indenture) and such longer period as shall be prescribed by the Trustee for following the mailing of such Series notice, a Majority of Securities mayHolders approves such supplemental indenture then no Holder of such Bonds shall have any right to object to any of the terms and provisions contained therein, or the operation thereof, or in any manner to question the propriety of the execution thereof, or to enjoin or restrain the Trustee or the Issuer from time to time and at executing the same or from taking any time, enter into an indenture or indentures supplemental hereto (which shall conform action pursuant to the provisions of the Trust Indenture Act, if such Act shall then be applicable to this Indenture, as in force at the date of execution thereof) for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture or of any supplemental indenture or of modifying in any manner the rights of the Holders of each such Series; provided, that no such supplemental indenture shall (a) change the final maturity of any Security, reduce the principal amount thereof, reduce the rate or extend the time of payment of interest thereon or reduce any amount payable on redemption thereof, change the Currency in which payments in respect of any Security are made, impair or affect the right of any Holder to institute suit for payment thereof or release any Guarantor from any of its obligations under its Guarantee or this Indenture, except as permitted by this Indenture, or (b) reduce the aforesaid percentage of Securities of any Series, the consent of the Holders of which is required for any such supplemental indenture, in each case, without the consent of each Holder so affected. Upon the request of the Company, accompanied by a copy of a Board Resolution certified by the secretary or an assistant secretary of the Company authorizing the execution of any such supplemental indentureindenture as in this Section permitted and provided, this Indenture shall be modified and upon amended in accordance therewith. Anything herein to the filing with contrary notwithstanding, a supplemental indenture under this Article XII shall not become effective unless and until the Trustee for the Series of Securities affected thereby of evidence of the consent of Holders as set forth herein and other documents, if any, required by Section 7.1 hereof, the Trustee for such Series of Securities Obligated Group shall join with the Company and the Guarantors in have consented to the execution of such supplemental indenture unless such supplemental indenture affects such Trustee’s own rights, duties or immunities under this Indenture or otherwise, in which case such Trustee may, in its discretion, but shall not be obligated to, enter into such supplemental indenture. It shall not be necessary for the consent of the Holders under this Section 8.2 to approve the particular form of any proposed supplemental indenture, and it shall be sufficient if such consent shall approve the substance thereof. Promptly after the execution by the Company and the Trustee of any supplemental indenture pursuant to the provisions of this Section 8.2, the Company shall give notice in the manner and to the extent provided in Section 12.4 hereof to the Holders of each Series affected thereby at their addresses as they shall appear on the Securities Register, setting forth, in general terms, the substance delivery of such supplemental indenture. Any failure In this regard, the Trustee shall cause notice of the Company to mail such notice, or any defect therein, shall not, however, in any way impair or affect the validity proposed execution and delivery of any such supplemental indenture. For indenture together with a copy of the purposes of this Section 8.2 hereof only, if the Securities of any Series are issuable upon the exercise of warrants, each holder of an unexercised and unexpired warrant with respect to such Series shall be deemed proposed supplemental indenture to be a Holder of Outstanding Securities of such Series in the amount issuable upon the exercise of such warrant. For such purposes, the ownership of any such warrant shall be determined mailed by the Company in a manner consistent with customary commercial practices. The Trustee for such Series shall be entitled to rely on an Officer’s Certificate as certified or registered mail to the principal amount of Securities of such Series in respect of which consents shall have been executed by holders of such warrants.Obligated Group at least fifteen