SUPPLEMENTAL INDENTURES WITH CONSENT OF DEBENTUREHOLDERS. With the consent (evidenced as provided in Section 10.1) of the holders of not less than a majority in aggregate principal amount of the Debentures at the time Outstanding, the Company, when authorized by Board Resolutions, and the Trustee 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 as then in effect) 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 not covered by Section 11.1 the rights of the holders of the Debentures under this Indenture; provided, however, that no such supplemental indenture shall without the consent of the holders of each Debenture then Outstanding and affected thereby, (i) extend the fixed maturity of any Debentures, reduce the principal amount thereof, or reduce the rate or extend the time of payment of interest thereon, without the consent of the holder of each Debenture so affected; or (ii) reduce the aforesaid percentage of Debentures, the holders of which are required to consent to any such supplemental indenture; provided further, that if the Debentures are held by the Trust or a trustee of the Trust, such supplemental indenture shall not be effective until the holders of a majority in liquidation preference of Trust Securities of the Trust shall have consented to such supplemental indenture; provided further, that if the consent of the holder of each Outstanding Debenture is required, such supplemental indenture shall not be effective until each holder of the Trust Securities of the Trust shall have consented to such supplemental indenture. It shall not be necessary for the consent of the Debentureholders affected thereby under this Section 11.2 to approve the particular form of any proposed supplemental indenture, but it shall be sufficient if such consent shall approve the substance thereof.

Appears in 27 contracts

Samples: Independent Bank Corp /Mi/, Indenture (Paradigm Capital Trust Ii), Second Bancorp Incorporated (Second Bancorp Inc)

SUPPLEMENTAL INDENTURES WITH CONSENT OF DEBENTUREHOLDERS. With the consent (evidenced as provided in Section 10.1) of the holders of not less than a majority in aggregate principal amount of the Debentures at the time Outstanding, the Company, when authorized by Board Resolutions, and the Trustee 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 as then in effect) 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 not covered by Section 11.1 the rights of the holders of the Debentures under this Indenture; provided, however, that no such supplemental indenture shall without the consent of the holders of each Debenture then Outstanding and affected thereby, (i) extend the fixed maturity of any Debentures, reduce the principal amount thereof, or reduce the rate or extend the time of payment of interest ~~thereon~~thereon (other than the Company's right to defer interest pursuant to this Indenture), without the consent of the holder of each Debenture so affected; or (ii) reduce the aforesaid percentage of Debentures, the holders of which are required to consent to any such supplemental indenture; provided further, that if the Debentures are held by the Trust or a trustee of the Trust, such supplemental indenture shall not be effective until the holders of a majority in liquidation preference of Trust Securities of the Trust shall have consented to such supplemental indenture; provided further, that if the consent of the holder of each Outstanding Debenture is required, such supplemental indenture shall not be effective until each holder of the Trust Securities of the Trust shall have consented to such supplemental indenture. It shall not be necessary for the consent of the Debentureholders affected thereby under this Section 11.2 to approve the particular form of any proposed supplemental indenture, but it shall be sufficient if such consent shall approve the substance thereof.

Appears in 9 contracts

Samples: Indenture Indenture (Pennfirst Capital Trust I), Indenture (Bankatlantic Bancorp Inc), Rbi Capital Trust I

SUPPLEMENTAL INDENTURES WITH CONSENT OF DEBENTUREHOLDERS. With the consent (evidenced as provided in Section 10.1) of the holders of not less than a majority in aggregate principal amount of the Debentures at the time Outstanding, the Company, when authorized by Board Resolutions, and the Trustee 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 as then in effect, if applicable) 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 not covered by Section 11.1 the rights of the holders of the Debentures under this Indenture; provided, however, that no such supplemental indenture shall without the consent of the holders of each Debenture then Outstanding and affected thereby, (i) extend the fixed maturity of any Debentures, reduce the principal amount thereof, or reduce the rate or extend the time of payment of interest thereon, without the consent of the holder of each Debenture so affected; or (ii) reduce the aforesaid percentage of Debentures, the holders of which are required to consent to any such supplemental indenture; provided further, that if the Debentures are held by the Trust or a trustee of the Trust, such supplemental indenture shall not be effective until the holders of a majority in liquidation preference of Trust Securities of the Trust shall have consented to such supplemental indenture; provided further, that if the consent of the holder of each Outstanding Debenture is required, such supplemental indenture shall not be effective until each holder of the Trust Securities of the Trust shall have consented to such supplemental indenture. It shall not be necessary for the consent of the Debentureholders affected thereby under this Section 11.2 to approve the particular form of any proposed supplemental indenture, but it shall be sufficient if such consent shall approve the substance thereof.

Appears in 8 contracts

Samples: Indenture (Alabama National Bancorporation), Indenture (San Rafael Bancorp), Indenture (Investorsbancorp Inc)

SUPPLEMENTAL INDENTURES WITH CONSENT OF DEBENTUREHOLDERS. With the consent (evidenced as provided in Section 10.1) of the holders of not less than a majority in aggregate principal amount of the Debentures at the time Outstanding, the ~~Company~~Corporation, when authorized by Board Resolutions, and the Trustee 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 as then in effect) 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 not covered by Section 11.1 the rights of the holders of the Debentures under this Indenture; provided, however, that no such supplemental indenture shall without the consent of the holders of each Debenture then Outstanding and affected thereby, (i) extend the fixed maturity of any Debentures, reduce the principal amount thereof, or reduce the rate or extend the time of payment of interest ~~thereon~~thereon (other than the Corporation's right to defer interest pursuant to this Indenture), without the consent of the holder of each Debenture so affected; or (ii) reduce the aforesaid percentage of Debentures, the holders of which are required to consent to any such supplemental indenture; provided further, that if the Debentures are held by the Trust or a trustee of the Trust, such supplemental indenture shall not be effective until the holders of a majority in liquidation preference of Trust Securities of the Trust shall have consented to such supplemental indenture; provided further, that if the consent of the holder of each Outstanding Debenture is required, such supplemental indenture shall not be effective until each holder of the Trust Securities of the Trust shall have consented to such supplemental indenture. It shall not be necessary for the consent of the Debentureholders affected thereby under this Section 11.2 to approve the particular form of any proposed supplemental indenture, but it shall be sufficient if such consent shall approve the substance thereof.

Appears in 6 contracts

Samples: Metropolitan Financial Corp /Oh/, Metropolitan Financial Corp /Oh/, Metropolitan Capital Trust I

SUPPLEMENTAL INDENTURES WITH CONSENT OF DEBENTUREHOLDERS. With the consent (evidenced as provided in Section 10.1) of the holders of not less than a majority in aggregate principal amount of the Debentures at the time Outstanding, the Company, when authorized by Board Resolutions, and the Trustee 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 as then in effect) 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 not covered by Section 11.1 the rights of the holders of the Debentures under this Indenture; provided, however, that no such supplemental indenture shall without the consent of the holders of each Debenture then Outstanding and affected thereby, (i) extend the fixed maturity of any Debentures, reduce the principal amount thereof, or reduce the rate or extend the time of payment of interest thereon~~, without the consent of the holder of each Debenture so affected~~; or (ii) reduce the aforesaid percentage of Debentures, the holders of which are required to consent to any such supplemental indenture; provided further, that if the Debentures are held by the Trust or a trustee of the Trust, such supplemental indenture shall not be effective until the holders of a majority in liquidation preference of Trust Securities of the Trust shall have consented to such supplemental indenture; provided further, that if the consent of the holder of each Outstanding Debenture is required, such supplemental indenture shall not be effective until each holder of the Trust Securities of the Trust shall have consented to such supplemental indenture. It shall not be necessary for the consent of the Debentureholders affected thereby under this Section 11.2 to approve the particular form of any proposed supplemental indenture, but it shall be sufficient if such consent shall approve the substance thereof.

Appears in 6 contracts

Samples: Indenture (Capitol Trust Xv), Great Southern (Great Southern Capital Trust IV), First Financial (First Financial Capital Trust II)

SUPPLEMENTAL INDENTURES WITH CONSENT OF DEBENTUREHOLDERS. With the consent (evidenced as provided in Section 10.1) of the holders of not less than a majority in aggregate principal amount of the Debentures at the time Outstanding, the Company, when authorized by Board Resolutions, and the Trustee 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 as then in effect) 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 not covered by Section 11.1 the rights of the holders of the Debentures under this Indenture; ~~provided~~PROVIDED, ~~however~~HOWEVER, that no such supplemental indenture shall without the consent of the holders of each Debenture then Outstanding and affected thereby, (i) extend the fixed maturity of any Debentures, reduce the principal amount thereof, or reduce the rate or extend the time of payment of interest thereon, without the consent of the holder of each Debenture so affected; or (ii) reduce the aforesaid percentage of Debentures, the holders of which are required to consent to any such supplemental indenture; ~~provided further~~PROVIDED FURTHER, that if the Debentures are held by the Trust or a trustee of the Trust, such supplemental indenture shall not be effective until the holders of a majority in liquidation preference of Trust Securities of the Trust shall have consented to such supplemental indenture; ~~provided further~~PROVIDED FURTHER, that if the consent of the holder of each Outstanding Debenture is required, such supplemental indenture shall not be effective until each holder of the Trust Securities of the Trust shall have consented to such supplemental indenture. It shall not be necessary for the consent of the Debentureholders affected thereby under this Section 11.2 to approve the particular form of any proposed supplemental indenture, but it shall be sufficient if such consent shall approve the substance thereof.

Appears in 6 contracts

Samples: Indenture (Independent Capital Trust Iii), Indenture (Independent Bank Corp), Indenture (Independent Bank Corp)

SUPPLEMENTAL INDENTURES WITH CONSENT OF DEBENTUREHOLDERS. With the consent (evidenced as provided in Section ~~10.1~~11.1) of the holders of not less than a majority in aggregate principal amount of the Debentures at the time Outstanding, the Company, when authorized by Board Resolutions, and the Trustee 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 as then in effect) 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 not covered by Section ~~11.1~~ 12.1 the rights of the holders of the Debentures under this Indenture; provided, however, that no such supplemental indenture shall without the consent of the holders of each Debenture then Outstanding and affected thereby, (i) extend the fixed maturity of any Debentures, reduce the principal amount thereof, or reduce the rate or extend the time of payment of interest thereon, or modify the provisions in Article IV with respect to the conversion of Outstanding Debentures in a manner adverse to the holders thereof, or without the consent of the holder of each Debenture so affected; or (ii) reduce the aforesaid percentage of Debentures, the holders of which are required to consent to any such supplemental indenture; provided further, that if the Debentures are held by the Trust or a trustee of the Trust, such supplemental indenture shall not be effective until the holders of a majority in liquidation preference of Trust Securities of the Trust shall have consented to such supplemental indenture; provided further, that if the consent of the holder of each Outstanding Debenture is required, such supplemental indenture shall not be effective until each holder of the Trust Securities of the Trust shall have consented to such supplemental indenture. It shall not be necessary for the consent of the Debentureholders affected thereby under this Section ~~11.2~~ 12.2 to approve the particular form of any proposed supplemental indenture, but it shall be sufficient if such consent shall approve the substance thereof.

Appears in 4 contracts

Samples: Southside Capital Trust Ii, Ifc Capital Trust Ii, Americredit Capital Trust I

SUPPLEMENTAL INDENTURES WITH CONSENT OF DEBENTUREHOLDERS. With the consent (evidenced as provided in Section 10.1) of the holders of not less than a majority in aggregate principal amount of the Debentures at the time Outstanding, the Company, when authorized by Board Resolutions, and the Trustee 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 as then in effect) ), 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 not covered by Section ~~11.1~~ 11.1, the rights of the holders of the Debentures under this Indenture; provided, however, that no such supplemental indenture shall without the consent of the holders of each Debenture then Outstanding and affected thereby, (i) extend the fixed maturity of any Debentures, reduce the principal amount thereof, or reduce the rate or extend the time of payment of interest thereon, without the consent of the holder of each Debenture so affected; or (ii) reduce the aforesaid percentage of Debentures, the holders of which are required to consent to any such supplemental indenture; provided further, that if the Debentures are held by the Trust or a trustee of the Trust, such supplemental indenture shall not be effective until the holders of a majority in liquidation preference of Trust Securities of the Trust shall have consented to such supplemental indenture; provided further, that if the consent of the holder of each Outstanding Debenture is required, such supplemental indenture shall not be effective until each holder of the Trust Securities of the Trust shall have consented to such supplemental indenture. It shall not be necessary for the consent of the Debentureholders affected thereby under this Section 11.2 to approve the particular form of any proposed supplemental indenture, but it shall be sufficient if such consent shall approve the substance thereof.

Appears in 3 contracts

Samples: Southwest Bancorp Inc, Southwest Bancorp Inc, Sbi Capital Trust

SUPPLEMENTAL INDENTURES WITH CONSENT OF DEBENTUREHOLDERS. With the consent (evidenced as provided in Section 10.1) of the holders of not less than a majority in aggregate principal amount of the Debentures at the time Outstanding, the Company, when authorized by Board Resolutions, and the Trustee 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 as then in effect) 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 not covered by Section 11.1 the rights of the holders of the Debentures under this Indenture; provided, however, that no such supplemental indenture shall without the consent of the holders of each Debenture then Outstanding and affected thereby, (i) extend the fixed maturity of any Debentures, reduce the principal amount thereof, or reduce the rate or extend the time of payment of interest thereon, without the consent of the holder of each Debenture so affected; or (ii) reduce the aforesaid percentage of principal amount of Debentures, the holders of which are required to consent to any such supplemental indenture; provided further, that if the Debentures are held by the Trust or a trustee of the Trust, such supplemental indenture shall not be effective until the holders of a majority in liquidation preference of Trust Securities of the Trust shall have consented to such supplemental indenture; provided further, that if the consent of the holder of each Outstanding Debenture is required, such supplemental indenture shall not be effective until each holder of the Trust Securities of the Trust shall have consented to such supplemental indenture. It shall not be necessary for the consent of the Debentureholders affected thereby under this Section 11.2 to approve the particular form of any proposed supplemental indenture, but it shall be sufficient if such consent shall approve the substance thereof.

Appears in 3 contracts

Samples: Indenture (Eagle Bancshares Inc), Premier Bancshares Inc /Ga, Eagle Bancshares Inc

SUPPLEMENTAL INDENTURES WITH CONSENT OF DEBENTUREHOLDERS. With the consent (evidenced as provided in Section 10.1) of the holders of not less than a majority in aggregate principal amount of the Debentures at the time Outstanding, the Company, when authorized by Board Resolutions, and the Trustee 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 as then in ~~effect)~~ effect 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 not covered by Section 11.1 the rights of the holders of the Debentures under this Indenture; provided, however, that no such supplemental indenture shall without the consent of the holders of each Debenture then Outstanding and affected thereby, (i) extend the fixed maturity of any Debentures, reduce the principal amount thereof, or reduce the rate or extend the time of payment of interest thereon, without the consent of the holder of each Debenture so affected; or (ii) reduce the aforesaid percentage of Debentures, the holders of which are required to consent to any such supplemental indenture; provided further, that if the Debentures are held by the Trust or a trustee of the Trust, such supplemental indenture shall not be effective until the holders of a majority in liquidation preference of Trust Securities of the Trust shall have consented to such supplemental indenture; provided further, that if the consent of the holder of each Outstanding Debenture is required, such supplemental indenture shall not be effective until each holder of the Trust Securities of the Trust shall have consented to such supplemental indenture. It shall not be necessary for the consent of the Debentureholders affected thereby under this Section 11.2 to approve the particular form of any proposed supplemental indenture, but it shall be sufficient if such consent shall approve the substance thereof.

Appears in 2 contracts

Samples: Peoples Bancshares Inc, Peoples Bancshares Inc

SUPPLEMENTAL INDENTURES WITH CONSENT OF DEBENTUREHOLDERS. With the consent (evidenced as provided in ~~Section 10.1~~Article X) of the holders of not less than a majority in aggregate principal amount of the Debentures at the time Outstanding, the Company, when authorized by Board Resolutions, and the Trustee 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 as then in effect)~~ 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 not covered by Section 11.1 the rights of the holders of the Debentures under this Indenture; provided, however, that no such supplemental indenture shall without the consent of the holders of each Debenture then Outstanding and affected thereby, (i) extend the ~~fixed maturity~~ Scheduled Maturity Date of any Debentures, reduce the principal amount thereof, or reduce the rate or extend the time of payment of interest thereon, without the consent of the holder of each Debenture so affected; or (ii) reduce the aforesaid percentage of principal amount of Debentures, the holders of which are required to consent to any such supplemental indenture; provided further, that if the Debentures are held by the Trust or a trustee of the Trust, such supplemental indenture shall not be effective until the holders of a majority in liquidation preference of Trust Securities of the Trust shall have consented to such supplemental indenture; provided further, that if the consent of the holder of each Outstanding Debenture is required, such supplemental indenture shall not be effective until each holder of the Trust Securities of the Trust shall have consented to such supplemental indenture. It shall not be necessary for the consent of the Debentureholders affected thereby under this Section 11.2 to approve the particular form of any proposed supplemental indenture, but it shall be sufficient if such consent shall approve the substance thereof.

Appears in 2 contracts

Samples: CNB Holdings Inc /Ga/, Sal Trust Preferred Fund I

SUPPLEMENTAL INDENTURES WITH CONSENT OF DEBENTUREHOLDERS. With the consent (evidenced as provided in Section 10.1) of the holders of not less than a majority in aggregate principal amount of the Debentures at the time Outstanding, the Company, when authorized by Board Resolutions, and the Trustee 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 as then in effect) 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 not covered by Section 11.1 the rights of the holders of the Debentures under this Indenture; provided, however, that no such supplemental indenture shall without the consent of the holders of each Debenture then Outstanding and affected thereby, (i) extend the fixed maturity of any Debentures, reduce the principal amount thereof, or reduce the rate or extend the time of payment of interest thereon, without the consent of the holder of each Debenture so affected; or (ii) reduce the aforesaid percentage of Debentures, the holders of which are required to consent to any such supplemental indenture; provided further, that if the Debentures are held by the Trust or a trustee of the Trust, such supplemental indenture shall not be effective until the holders of a majority in liquidation preference of Trust Securities of the Trust shall have consented to such supplemental indenture; provided further, that if the Debentures are held by the Trust or a trustee of the Trust and if the consent of the holder of each Outstanding Debenture is required, such supplemental indenture shall not be effective until each holder of the Trust Securities of the Trust shall have consented to such supplemental indenture. It shall not be necessary for the consent of the Debentureholders affected thereby under this Section 11.2 to approve the particular form of any proposed supplemental indenture, but it shall be sufficient if such consent shall approve the substance thereof.

Appears in 2 contracts

Samples: Matrix Bancorp Capital Trust I, Matrix Bancorp Capital Trust I

SUPPLEMENTAL INDENTURES WITH CONSENT OF DEBENTUREHOLDERS. With the consent (evidenced as provided in Section 10.1) of the holders of not less than a majority in aggregate principal amount of the Debentures at the time Outstanding, the ~~Company~~Corporation, when authorized by Board Resolutions, and the Trustee 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 as then in effect) 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 not covered by Section 11.1 the rights of the holders of the Debentures under this Indenture; provided, however, that no such supplemental indenture shall without the consent of the holders of each Debenture then Outstanding and affected thereby, (i) extend the fixed maturity of any Debentures, reduce the principal amount thereof, or reduce the rate or extend the time of payment of interest ~~thereon~~thereon (other than the Corporation's right to defer interest pursuant to this Indenture), without the consent of the holder of each Debenture so affected; or (ii) reduce the aforesaid percentage of Debentures, the holders of which are required to consent to any such supplemental indenture; provided further, that if the Debentures are held by the Trust or a trustee of the Trust, such supplemental indenture shall not be effective until the holders of a majority in liquidation preference of Trust Securities of the Trust shall have consented in writing to such supplemental indenture; provided further, that if the consent of the holder of each Outstanding Debenture is required, such supplemental indenture shall not be effective until each holder of the Trust Securities of the Trust shall have consented in writing to such supplemental indenture. It shall not be necessary for the consent of the Debentureholders affected thereby under this Section 11.2 to approve the particular form of any proposed supplemental indenture, but it shall be sufficient if such consent shall approve the substance thereof.

Appears in 2 contracts

Samples: Southern Community Financial Corp, Southern Community Financial Corp

SUPPLEMENTAL INDENTURES WITH CONSENT OF DEBENTUREHOLDERS. With the consent (evidenced as provided in Section 10.1) of the holders of not less than a majority in aggregate principal amount of the Debentures at the time Outstanding, the ~~Company~~Corporation, when authorized by Board Resolutions, and the Trustee 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 as then in effect)~~ 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 not covered by Section 11.1 the rights of the holders of the Debentures under this Indenture; provided, however, that no such supplemental indenture shall without the consent of the holders of each Debenture then Outstanding and affected thereby, (i) extend the fixed maturity of any Debentures, reduce the principal amount thereof, or reduce the rate or extend the time of payment of interest ~~thereon~~thereon (other than the Corporation's right to defer interest pursuant to this Indenture), without the consent of the holder of each Debenture so affected; or (ii) reduce the aforesaid percentage of Debentures, the holders of which are required to consent to any such supplemental indenture; provided further, that if the Debentures are held by the Trust or a trustee of the Trust, such supplemental indenture shall not be effective until the holders of a majority in liquidation preference of Trust Securities of the Trust shall have consented in writing to such supplemental indenture; provided further, that if the consent of the holder of each Outstanding Debenture is required, such supplemental indenture shall not be effective until each holder of the Trust Securities of the Trust shall have consented in writing to such supplemental indenture. It shall not be necessary for the consent of the Debentureholders affected thereby under this Section 11.2 to approve the particular form of any proposed supplemental indenture, but it shall be sufficient if such consent shall approve the substance thereof.

Appears in 2 contracts

Samples: Indenture (American Community Bancshares Inc), Carolina Bank Holdings Inc

SUPPLEMENTAL INDENTURES WITH CONSENT OF DEBENTUREHOLDERS. With the consent (evidenced as provided in Section ~~10.1~~7.1) of any series (except as may otherwise be provided by the terms of any supplemental indenture establishing such series in accordance with Section 2.2 hereof) of the holders of not less than a majority in aggregate principal amount of the Debentures at the time ~~Outstanding~~Outstanding of all series affected by such supplemental indenture (voting as a class), the Company, when authorized by Board Resolutions, and the Trustee 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 as then in effect) 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 not covered by Section ~~11.1~~ 8.1 the rights of the holders of the Debentures of each series so affected under this Indenture; provided, however, that no such supplemental indenture shall without the consent of the holders of each Debenture then Outstanding and affected thereby, (i) extend the fixed maturity of any ~~Debentures, reduce~~ Debentures of any series (except as may otherwise be provided by the ~~principal amount thereof~~terms of any supplemental indenture establishing such series in accordance with Section 2.2 hereof), or reduce the rate or extend the time of payment of interest ~~thereon~~thereon (except as may otherwise be provided by the terms of any supplemental indenture establishing such series in accordance with Section 2.2 hereof), or reduce the principal amount thereof without the consent of the holder of each Debenture so affected; or (ii) reduce the aforesaid percentage of Debentures, the holders of which are required to consent to any such supplemental indenture; provided further, that if the applicable Debentures are held by ~~the~~ a Trust or a trustee of ~~the~~ such Trust, such supplemental indenture shall not be effective until the holders of a majority in liquidation preference of Trust Securities of the related Trust shall have consented to such supplemental indenture; provided further, that if the consent of the holder of each Outstanding Debenture of any series is required, such supplemental indenture shall not be effective until each holder of the Trust Securities of the related Trust shall have consented to such supplemental indenture. It shall not be necessary for the consent of the Debentureholders affected thereby under this Section ~~11.2~~ 8.2 to approve the particular form of any proposed supplemental indenture, but it shall be sufficient if such consent shall approve the substance thereof.

Appears in 2 contracts

Samples: First Merchants Corp, First Merchants Corp

SUPPLEMENTAL INDENTURES WITH CONSENT OF DEBENTUREHOLDERS. With the consent (evidenced as provided in Section ~~10.1~~9.01) of the holders (or persons entitled to vote, or to give consents respecting the same) of not less than a majority in aggregate principal amount of the Debentures at the time ~~Outstanding~~outstanding, the Company, when authorized by a resolution of its Board ~~Resolutions~~of Directors, and the Trustee 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 of 1939 as then in effect) 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 ~~not covered by Section 11.1~~ the rights and obligations of the holders of the Debentures ~~under this Indenture~~and of the Company; provided, however, that no such supplemental indenture shall ~~without the consent of the holders of each Debenture then Outstanding and affected thereby,~~ (i) extend the fixed maturity of any Debentures, or reduce the principal amount thereof, or reduce the rate or extend the time of payment of interest thereon, or change the conversion or subordination provisions in a manner adverse to the holders, without the consent of the holder of each Debenture so affected; , or (ii) reduce the requirements of Section 10.05 for quorum or voting or reduce the aforesaid percentage of ~~Debentures,~~ Debentures the holders of which are required to consent to any such supplemental indenture~~; provided further~~, that if the Debentures are held by the Trust or a trustee of the Trust, such supplemental indenture shall not be effective until the holders of a majority in liquidation preference of Trust Securities of the Trust shall have consented to such supplemental indenture; provided further, that if without the consent of the ~~holder~~ holders of ~~each Outstanding Debenture is required~~all Debentures then outstanding; or (iii) modify the obligation of the Company to maintain an office or agency in the Borough of Manhattan City and State of New York pursuant to Section 5.02. Upon the request of the Company, accompanied by a copy of a resolution of its Board of Directors 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 of evidence of the consent of Debentureholders as aforesaid, the Trustee shall join with the Company in the execution of such supplemental indenture ~~shall not be effective until each holder of the Trust Securities of the Trust shall have consented to~~ unless such supplemental ~~indenture. It shall not be necessary for~~ indenture affects the ~~consent of the Debentureholders affected thereby under this Section 11.2 to approve the particular form of any proposed supplemental indenture~~Trustee's own rights, ~~but it shall be sufficient if such consent shall approve the substance thereof.~~duties or

Appears in 1 contract

Samples: General Datacomm Industries Inc

SUPPLEMENTAL INDENTURES WITH CONSENT OF DEBENTUREHOLDERS. With the consent (evidenced as provided in Section ~~10.1~~11.1) of the holders of not less than a majority in aggregate principal amount of the Debentures at the time Outstanding, the ~~Company~~Corporation, when authorized by Board Resolutions, and the Trustee 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 as then in effect) 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 not covered by Section ~~11.1~~ 12.1 the rights of the holders of the Debentures under this Indenture; provided, however, that no such supplemental indenture shall without the consent of the holders of each Debenture then Outstanding and affected thereby, (i) extend the fixed maturity of any Debentures, reduce the principal amount thereof, or reduce the rate or extend the time of payment of interest ~~thereon~~thereon (other than the Corporation's right to defer interest pursuant to this Indenture), without the consent of the holder of each Debenture so affected; or (ii) reduce the aforesaid percentage of Debentures, the holders of which are required to consent to any such supplemental indenture; provided further, that if the Debentures are held by the Trust or a trustee of the Trust, such supplemental indenture shall not be effective until the holders of a majority in liquidation preference of Trust Securities of the Trust shall have consented in writing to such supplemental indenture; provided further, that if the consent of the holder of each Outstanding Debenture is required, such supplemental indenture shall not be effective until each holder of the Trust Securities of the Trust shall have consented in writing to such supplemental indenture. It shall not be necessary for the consent of the Debentureholders affected thereby under this Section ~~11.2~~ 12.2 to approve the particular form of any proposed supplemental indenture, but it shall be sufficient if such consent shall approve the substance thereof.

Appears in 1 contract

Samples: Southern Community Capital Trust I

SUPPLEMENTAL INDENTURES WITH CONSENT OF DEBENTUREHOLDERS. With the consent (evidenced as provided in ~~Section 10.1~~Article IX) of the holders of not less than a majority in aggregate principal amount of the Debentures at the time ~~Outstanding~~outstanding (determined in accordance with Section 9.4), the Company, when authorized by the resolutions of the Board ~~Resolutions~~of Directors, and the Trustee 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 as then in effect)~~ 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 ~~not covered by Section 11.1~~ the rights of the holders of the ~~Debentures under this Indenture~~Debentures; ~~provided~~PROVIDED, ~~however~~HOWEVER, that no such supplemental indenture shall ~~without the consent of the holders of each Debenture then Outstanding and affected thereby,~~ (i) extend the fixed maturity of any ~~Debentures, reduce the principal amount thereof~~Debenture, or reduce the rate or extend the time of payment of interest thereon, or reduce the principal amount thereof or premium, if any, thereon, or reduce any amount payable on redemption thereof, or impair or adversely affect the right of any Debentureholder to institute suit for the payment thereof, or make the principal thereof or interest or premium, if any, thereon payable in any coin or currency other than that provided in the Debentures, or change or impair the right to convert the Debentures into Common Stock subject to the terms set forth herein, including Section 15.6, or modify the provisions of this Indenture with respect to the subordination of the Debentures in a manner adverse to the Debentureholders, without the consent of the holder of each Debenture so affected; , or (ii) reduce the aforesaid percentage of Debentures, the holders of which are required to consent to any such supplemental indenture~~; provided further~~, that if the Debentures are held by the Trust or a trustee of the Trust, such supplemental indenture shall not be effective until the holders of a majority in liquidation preference of Trust Securities of the Trust shall have consented to such supplemental indenture; provided further, that if without the consent of the ~~holder~~ holders of ~~each Outstanding Debenture is required~~all Debentures then outstanding. Up to and prior to the close of business on the Exchange Date, only the holders of shares of Preferred Stock shall be entitled to vote on any amendments or supplements to this Indenture as provided above. Upon the request of the Company, accompanied by a copy of the resolutions of the Board of Directors certified by its Secretary or Assistant Secretary authorizing the execution of any such supplemental indenture, and upon the filing with the Trustee of evidence of the consent of Debentureholders as aforesaid, the Trustee shall join with the Company in the execution of such supplemental indenture unless such supplemental indenture affects the Trustee's own rights, duties or immunities under this Indenture or otherwise, in which case the Trustee may in is discretion, but shall not be ~~effective until each holder of the Trust Securities of the Trust shall have consented to~~ obligated to, enter into such supplemental indenture. It shall not be necessary for the consent of the Debentureholders ~~affected thereby~~ under this Section 11.2 to approve the particular form of any proposed supplemental indenture, but it shall be sufficient if such consent shall approve the substance thereof.

Appears in 1 contract

Samples: Alkermes Inc

SUPPLEMENTAL INDENTURES WITH CONSENT OF DEBENTUREHOLDERS. With the consent (evidenced as provided in Section 10.1) of the holders of not less than a majority in aggregate principal amount of the Debentures at the time Outstanding, the Company, when authorized by Board Resolutions, and the Trustee 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 as then in effect) 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 not covered by Section 11.1 the rights of the holders of the Debentures under this Indenture; provided, however, that no such supplemental indenture shall without the consent of the holders of each Debenture then Outstanding and affected thereby, (i) extend the fixed maturity of any Debentures, reduce the principal amount thereof, or reduce the rate or extend the time of payment of interest thereon, without the consent of the holder of each Debenture so affected; or (ii) reduce the aforesaid percentage of Debentures, the holders of which are required to consent to any such supplemental indenture; provided further, that if the Debentures are held by the Trust or a trustee of the Trust, such supplemental indenture shall not be effective until the holders of a majority in ~~liquidation preference~~ Liquidation Amount of Trust Securities of the Trust shall have consented to such supplemental indenture; provided further, that if the consent of the holder of each Outstanding Debenture is required, such supplemental indenture shall not be effective until each holder of the Trust Securities of the Trust shall have consented ~~to such~~ tosuch supplemental indenture. It shall not be necessary for the consent of the Debentureholders affected thereby under this Section 11.2 to approve the particular form of any proposed supplemental indenture, but it shall be sufficient if such consent shall approve the substance thereof.

Appears in 1 contract

Samples: Front Range Capital Trust I

SUPPLEMENTAL INDENTURES WITH CONSENT OF DEBENTUREHOLDERS. With the consent (evidenced as provided in Section 10.1) of the holders of not less than a majority in aggregate principal amount of the Debentures at the time Outstanding, the Company, when authorized by Board Resolutions, and the Trustee 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 as then in effect) 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 not covered by Section 11.1 the rights of the holders of the Debentures under this Indenture; provided, however, that no such supplemental indenture shall without the consent of the holders of each Debenture then Outstanding and affected thereby, (i) extend the fixed maturity of any Debentures, reduce the principal amount thereof, or reduce the rate or extend the time of payment of interest thereon, without the consent of the holder of each Debenture so affected; or (ii) reduce the aforesaid percentage of Debentures, the holders of which are required to consent to any such supplemental indenture; provided further, that if the Debentures are held by the Trust or a trustee of the Trust, such supplemental indenture shall not be effective until the holders of a majority in aggregate liquidation preference of Trust Securities of the Trust shall have consented to such supplemental indenture; provided further, that if the consent of the holder of each Outstanding Debenture is required, such supplemental indenture shall not be effective until each holder of the Trust Securities of the Trust shall have consented to such supplemental indenture. It shall not be necessary for the consent of the Debentureholders affected thereby under this Section 11.2 to approve the particular form of any proposed supplemental indenture, but it shall be sufficient if such consent shall approve the substance thereof.

Appears in 1 contract

Samples: Yardville Capital Trust

SUPPLEMENTAL INDENTURES WITH CONSENT OF DEBENTUREHOLDERS. With the consent (evidenced as provided in ~~Section 10.1~~Article Nine) of the holders of not less than ~~a majority~~ 66 2/3% in aggregate principal amount of the Debentures at the time ~~Outstanding~~outstanding, the Company, when authorized by the resolutions of the Board ~~Resolutions~~of Directors, and the Trustee may from time to time and at any time enter into an indenture or indentures ~~supplemental~~ sup- plemental hereto ~~(which shall conform to the provisions of the Trust Indenture Act as then in effect)~~ 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 ~~not covered by Section 11.1~~ the rights of the holders of the ~~Debentures under this Indenture~~Debentures; ~~provided~~PROVIDED, ~~however~~HOWEVER, that no such supplemental indenture shall ~~without the consent of the holders of each Debenture then Outstanding and affected thereby,~~ (i) extend the fixed maturity of any ~~Debentures, reduce the principal amount thereof~~Debenture, or reduce the rate or extend the time of payment of interest thereon, or reduce the principal amount thereof or premium, if any, thereon, or impair or affect the rights of any Debentureholder to institute suit for the payment thereof, or make the principal thereof or interest or premium, if any, thereon payable in any coin or currency other than that provided in the Debentures, or impair the right to convert the Debentures into Common Stock subject to the terms set forth herein, including Section 15.06, without the consent of the holder of each Debenture so affected; , or (ii) reduce the aforesaid percentage of Debentures, the holders of which are required to consent to any such supplemental indenture~~; provided further~~, that if the Debentures are held by the Trust or a trustee of the Trust, such supplemental indenture shall not be effective until the holders of a majority in liquidation preference of Trust Securities of the Trust shall have consented to such supplemental indenture; provided further, that if without the consent of the ~~holder~~ holders of ~~each Outstanding Debenture is required~~all Debentures then outstanding. Upon the request of the Company, accompanied by a copy of the resolutions of the Board of Directors certified by its Secretary or Assistant Secretary authorizing the execution of any such supplemental indenture, and upon the filing with the Trustee of evidence of the consent of Debentureholders as aforesaid, the Trustee shall join with the Company in the execution of such supplemental indenture unless such supplemental indenture affects the Trustee's own rights, duties or immunities under this Indenture or otherwise, in which case the Trustee may in its discretion, but shall not be ~~effective until each holder of the Trust Securities of the Trust shall have consented to~~ obligated to, enter into such supplemental indenture. It shall not be necessary for the consent of the Debentureholders ~~affected thereby~~ under this Section ~~11.2~~ 11.02 to approve the particular form of any proposed supplemental indenture, but it shall be sufficient if such consent shall approve the substance thereof.

Appears in 1 contract

Samples: Indenture (Silicon Graphics Inc /Ca/)

SUPPLEMENTAL INDENTURES WITH CONSENT OF DEBENTUREHOLDERS. With the consent (evidenced as provided in Section 10.1) of the holders of not less than a majority in aggregate principal amount of the Debentures at the time Outstanding, the Company, when authorized by Board Resolutions, and the Trustee 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 as then in effect) 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 not covered by Section 11.1 the rights of the holders of the Debentures under this Indenture; provided, however, that no such supplemental indenture shall without the consent of the holders of each Debenture then Outstanding and affected thereby, (i) extend the fixed maturity of any Debentures, reduce the principal amount thereof, or reduce the rate or extend the time of payment of interest thereon, without the consent of the holder of each Debenture so affected; or (ii) reduce the aforesaid percentage of Debentures, the holders of which are required to consent to any such supplemental indenture; provided further, that if the Debentures are held by the Trust or a trustee of the Trust, such supplemental indenture shall not be effective until the holders of a majority in liquidation preference of Trust Securities of the Trust shall have consented to such supplemental indenture; provided further, that if the consent of the holder of each Outstanding Debenture is required, such supplemental indenture shall not be effective until each holder of the Trust Securities of the Trust shall have consented to such supplemental indenture. It shall not be necessary for the consent of the Debentureholders affected thereby under this Section 11.2 37 43 to approve the particular form of any proposed supplemental indenture, but it shall be sufficient if such consent shall approve the substance thereof.

Appears in 1 contract

Samples: Mvbi Capital Trust

SUPPLEMENTAL INDENTURES WITH CONSENT OF DEBENTUREHOLDERS. With the consent (evidenced as provided in Section 10.1) of the holders of not less than a majority in aggregate principal amount of the Debentures at the time Outstanding, the Company, when authorized by Board Resolutions, and the Trustee 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 as then in effect) 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 not covered by Section 11.1 the rights of the holders of the Debentures under this Indenture; provided, however, that no such supplemental indenture shall without the consent of the holders of each Debenture then Outstanding and affected thereby, (i) extend the fixed maturity of any Debentures, reduce the principal amount thereof, or reduce the rate or extend the time of payment of interest ~~thereon~~thereon (other than the Company's right to defer interest pursuant to this Indenture), without the consent of the holder of each Debenture so affected; or (ii) reduce the aforesaid percentage of Debentures, the holders of which are required to consent to any such supplemental indenture; provided further, that if the 50 Debentures are held by the Trust or a trustee of the Trust, such supplemental indenture shall not be effective until the holders of a majority in liquidation preference of Trust Securities of the Trust shall have consented to such supplemental indenture; provided further, that if the consent of the holder of each Outstanding Debenture is required, such supplemental indenture shall not be effective until each holder of the Trust Securities of the Trust shall have consented to such supplemental indenture. It shall not be necessary for the consent of the Debentureholders affected thereby under this Section 11.2 to approve the particular form of any proposed supplemental indenture, but it shall be sufficient if such consent shall approve the substance thereof.

Appears in 1 contract

Samples: Bankunited Capital Iii

SUPPLEMENTAL INDENTURES WITH CONSENT OF DEBENTUREHOLDERS. With the consent (evidenced as provided in Section 10.1) of the holders of not less than a majority in aggregate principal amount of the Debentures at the time Outstanding, the Company, when authorized by Board Resolutions, and the Trustee 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 as then in effect) 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 not covered by Section 11.1 the rights of the holders of the Debentures under this Indenture; provided, however, that no such supplemental indenture shall without the consent of the holders of each Debenture then Outstanding and affected thereby, (i) extend the fixed maturity of any Debentures, reduce the principal amount thereof, or reduce the ~~rate~~ Interest Rate or extend the time of payment of interest thereon, without the consent of the holder of each Debenture so affected; or (ii) reduce the aforesaid percentage of principal amount of Debentures, the holders of which are required to consent to any such supplemental indenture; provided further, that if the Debentures are held by the Trust or a trustee of the Trust, such supplemental indenture shall not be effective until the holders of a majority in liquidation preference of Trust Securities of the Trust shall have consented to such supplemental indenture; provided further, that if the consent of the holder of each Outstanding Debenture is required, such supplemental indenture shall not be effective until each holder of the Trust Securities of the Trust shall have consented to such supplemental indenture. It shall not be necessary for the consent of the Debentureholders affected thereby under this Section 11.2 to approve the particular form of any proposed supplemental indenture, but it shall be sufficient if such consent shall approve the substance thereof.

Appears in 1 contract

Samples: Franklin Capital Trust I

SUPPLEMENTAL INDENTURES WITH CONSENT OF DEBENTUREHOLDERS. With the consent (evidenced as provided in ~~Section 10.1~~Article IX) of the holders of not less than ~~a majority~~ 66 2/3% in aggregate principal amount of the Debentures at the time ~~Outstanding~~outstanding, the Company, when authorized by the resolutions of the Board ~~Resolutions~~of Directors, and the Trustee 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 as then in effect)~~ 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 ~~not covered by Section 11.1~~ the rights of the holders of the ~~Debentures under this Indenture~~Debentures; provided, however, that no such supplemental indenture shall ~~without the consent of the holders of each Debenture then Outstanding and affected thereby,~~ (i) extend the fixed maturity of any ~~Debentures, reduce the principal amount thereof~~Debenture, or reduce the rate or extend the time of payment of interest thereon, or reduce the principal amount thereof or premium, if any, thereon, or reduce any amount payable on redemption or on repayment thereof, or impair or affect the right of any Debentureholder to institute suit for the payment thereof, or make the principal thereof or interest or premium, if any, thereon payable in any coin or currency other than that provided in the Debentures, or modify the provisions of this Indenture with respect to the subordination of the Debentures in a manner adverse to the Debentureholders, or change the obligation of the Company to make repayment of any Debenture pursuant to Section 3.5 or 3.6 in a manner adverse to the holder of Debentures, or impair the right to convert the Debentures into Common Stock subject to the terms set forth herein, including Section 15.6, without the consent of the holder of each Debenture so affected; , or (ii) reduce the aforesaid percentage of Debentures, the holders of which are required to consent to any such supplemental indenture~~; provided further~~, that if the Debentures are held by the Trust or a trustee of the Trust, such supplemental indenture shall not be effective until the holders of a majority in liquidation preference of Trust Securities of the Trust shall have consented to such supplemental indenture; provided further, that if without the consent of the ~~holder~~ holders of ~~each Outstanding Debenture is required~~all Debentures then outstanding. Upon the request of the Company, accompanied by a copy of the resolutions of the Board of Directors certified by its Secretary or Treasurer authorizing the execution of any such supplemental indenture, and upon the filing with the Trustee of evidence of the consent of Debentureholders as aforesaid, the Trustee shall join with the Company in the execution of such supplemental indenture unless such supplemental indenture affects the Trustee's own rights, duties or immunities under this Indenture or otherwise, in which case the Trustee may in its discretion, but shall not be ~~effective until each holder of the Trust Securities of the Trust shall have consented to~~ obligated to, enter into such supplemental indenture. It shall not be necessary for the consent of the Debentureholders ~~affected thereby~~ under this Section 11.2 to approve the particular form of any proposed supplemental indenture, but it shall be sufficient if such consent shall approve the substance thereof.

Appears in 1 contract

Samples: Omnicom Group Inc

SUPPLEMENTAL INDENTURES WITH CONSENT OF DEBENTUREHOLDERS. With the consent (evidenced as provided in Section ~~10.1~~7.1) of any series (except as may otherwise be provided by the terms of any supplemental indenture establishing such series in accordance with Section 2.2 hereof) of the holders of not less than a majority in aggregate principal amount of the Debentures at the time ~~Outstanding~~Outstanding of all series affected by such supplemental indenture (voting as a class), the Company, when authorized by Board Resolutions, and the Trustee 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 as then in effect) 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 not covered by Section ~~11.1~~ 8.1 the rights of the holders of the Debentures of each series so affected under this Indenture; ~~provided~~PROVIDED, ~~however~~HOWEVER, that no such supplemental indenture shall without the consent of the holders of each Debenture then Outstanding and affected thereby, (i) extend the fixed maturity of any ~~Debentures, reduce~~ Debentures of any series (except as may otherwise be provided by the ~~principal amount thereof~~terms of any supplemental indenture establishing such series in accordance with Section 2.2 hereof), or reduce the rate or extend the time of payment of interest ~~thereon~~thereon (except as may otherwise be provided by the terms of any supplemental indenture establishing such series in accordance with Section 2.2 hereof), or reduce the principal amount thereof without the consent of the holder of each Debenture so affected; or (ii) reduce the aforesaid percentage of Debentures, the holders of which are required 39 to consent to any such supplemental indenture; ~~provided further~~PROVIDED FURTHER, that if the applicable Debentures are held by ~~the~~ a Trust or a trustee of ~~the~~ such Trust, such supplemental indenture shall not be effective until the holders of a majority in liquidation preference of Trust Securities of the related Trust shall have consented to such supplemental indenture; ~~provided further~~PROVIDED FURTHER, that if the consent of the holder of each Outstanding Debenture of any series is required, such supplemental indenture shall not be effective until each holder of the Trust Securities of the related Trust shall have consented to such supplemental indenture. It shall not be necessary for the consent of the Debentureholders affected thereby under this Section ~~11.2~~ 8.2 to approve the particular form of any proposed supplemental indenture, but it shall be sufficient if such consent shall approve the substance thereof.

Appears in 1 contract

Samples: First Merchants Capital Trust I

SUPPLEMENTAL INDENTURES WITH CONSENT OF DEBENTUREHOLDERS. With the consent (evidenced as provided in Section ~~10.1~~8.01) of the holders of ~~not less than~~ a majority in aggregate principal amount of the Debentures at the time ~~Outstanding~~outstanding, the Company, when authorized by the resolutions of the Board ~~Resolutions~~of Directors, and the Trustee 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 as then in effect)~~ 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 ~~not covered by Section 11.1~~ the rights of the holders of the ~~Debentures under this Indenture~~Debentures; provided, however, that no such supplemental indenture shall ~~without the consent of the holders of each Debenture then Outstanding and affected thereby,~~ (i) extend the fixed maturity of any ~~Debentures, reduce the principal amount thereof~~Debenture, or reduce the rate or extend the time of payment of interest thereon, or reduce the principal amount thereof or premium, if any, thereon, or make the principal thereof or interest or premium, if any, thereon payable in any coin or currency other than that provided in the Debentures without the consent of the holder of each Debenture so affected; , or (ii) reduce the aforesaid percentage of Debentures, the holders of which are required to consent to any such supplemental indenture~~; provided further~~, that if the Debentures are held by the Trust or a trustee of the Trust, such supplemental indenture shall not be effective until the holders of a majority in liquidation preference of Trust Securities of the Trust shall have consented to such supplemental indenture; provided further, that if without the consent of the ~~holder~~ holders of ~~each Outstanding Debenture is required~~all Debentures then outstanding. Upon the request of the Company, accompanied by a copy of the resolutions of the Board of Directors certified by its Secretary or Assistant Secretary authorizing the execution of any such supplemental indenture, and upon the filing with the Trustee of evidence of the consent of Debentureholders as aforesaid, the Trustee shall join with the Company in the execution of such supplemental indenture unless such supplemental indenture affects the Trustee's own rights, duties or immunities under this Indenture or otherwise, in which case the Trustee may in its discretion, but shall not be ~~effective until each holder of the Trust Securities of the Trust shall have consented to~~ obligated to, enter into such supplemental indenture. It shall not be necessary for the consent of the Debentureholders ~~affected thereby~~ under this Section ~~11.2~~ 10.02 to approve the particular form of any proposed supplemental indenture, but it shall be sufficient if such consent shall approve the substance thereof.

Appears in 1 contract

Samples: Comcast Cable Communications Inc

SUPPLEMENTAL INDENTURES WITH CONSENT OF DEBENTUREHOLDERS. With the consent (evidenced as provided in Section 10.1) of the holders of not less than a majority in aggregate principal amount of the Debentures at the time Outstanding, the Company, when authorized by Board Resolutions, and the Trustee 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 as then in effect) 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 not covered by Section 11.1 the rights of the holders of the Debentures under this Indenture; provided, however, that no such supplemental indenture shall without the consent of the holders of each Debenture then Outstanding and affected thereby, (i) extend the fixed maturity of any Debentures, reduce the principal amount thereof, or reduce the rate or extend the time of payment of interest thereon, without the consent of the holder of each Debenture so affected; or (ii) reduce the aforesaid percentage of Debentures, the holders of which are required to consent to any such supplemental indenture; provided further, that if the Debentures are held by the Trust or a trustee of the Trust, such supplemental indenture shall not be effective until the holders of a majority in liquidation preference of Trust Securities of the Trust shall have consented to such supplemental indenture; provided further, that if the consent of the holder of each Outstanding Debenture is required, such supplemental indenture shall not be effective until 36 42 each holder of the Trust Securities of the Trust shall have consented to such supplemental indenture. It shall not be necessary for the consent of the Debentureholders affected thereby under this Section 11.2 to approve the particular form of any proposed supplemental indenture, but it shall be sufficient if such consent shall approve the substance thereof.

Appears in 1 contract

Samples: Simmons First Capital Trust

SUPPLEMENTAL INDENTURES WITH CONSENT OF DEBENTUREHOLDERS. With the consent (evidenced as provided in Section ~~10.1~~11.1) of the holders of not less than a majority in aggregate principal amount of the Debentures at the time Outstanding, the Company, when authorized by Board Resolutions, and the Trustee 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 as then in effect) 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 not covered by Section ~~11.1~~ 12.1 the rights of the holders of the Debentures under this Indenture; provided, however, that no such supplemental indenture shall without the consent of the holders of each Debenture then Outstanding and affected thereby, (i) extend the fixed maturity of any Debentures, reduce the principal amount thereof, or reduce the rate or extend the time of payment of interest thereon, or modify the provisions in Article IV with respect to the conversion of Outstanding Debentures in a manner adverse to the holders thereof, or without the consent of the holder of each Debenture so affected; or (ii) reduce the aforesaid percentage of Debentures, the holders of which are required to consent to any such supplemental indenture; provided further, that if the Debentures are held by the Trust or a trustee of the Trust, such supplemental indenture shall not be effective until the holders of not less than a majority in liquidation preference of Trust Securities of the Trust shall have consented to such supplemental indenture; provided further, that if the consent of the holder of each Outstanding Debenture is required, such supplemental indenture shall not be effective until each holder of the Trust Securities of the Trust shall have consented to such supplemental indenture. It shall not be necessary for the consent of the Debentureholders affected thereby under this Section ~~11.2~~ 12.2 to approve the particular form of any proposed supplemental indenture, but it shall be sufficient if such consent shall approve the substance thereof.

Appears in 1 contract

Samples: Greater Atlantic Financial Corp

SUPPLEMENTAL INDENTURES WITH CONSENT OF DEBENTUREHOLDERS. With the consent (evidenced as provided in Section ~~10.1~~9.01) of the holders of not less than ~~a majority~~ 66-2/3% in aggregate principal amount of the Debentures at the time ~~Outstanding~~outstanding, the Company, when authorized by a resolution of its Board ~~Resolutions~~of Directors, and the Trustee 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 of 1939 as ~~then~~ in ~~effect~~force at the date of the 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 ~~not covered by Section 11.1~~ the rights of the holders of the ~~Debentures under this Indenture~~Debentures; provided, however, that no such supplemental indenture shall ~~without the consent of the holders of each Debenture then Outstanding and affected thereby,~~ (ia) extend the fixed maturity of any ~~Debentures~~Debenture, or reduce the principal amount ~~thereof~~thereof or any premium thereon, or reduce the rate or extend the time of payment of interest thereon, or make the principal thereof or premium, if any, or interest thereon payable in any coin or currency other than that provided in the Debentures, or adversely affect the right to convert any Debentures as provided in Article Fourteen or modify the provisions of this Indenture with respect to the subordination of the Debentures in a manner adverse to the Debentureholders, without the consent of the holder of each Debenture so affected; , or (iib) reduce the aforesaid percentage of Debentures, the consent of the holders of which ~~are~~ is required ~~to consent to~~ for any such supplemental indenture~~; provided further~~, that if the Debentures are held by the Trust or a trustee of the Trust, such supplemental indenture shall not be effective until the holders of a majority in liquidation preference of Trust Securities of the Trust shall have consented to such supplemental indenture; provided further, that if without the consent of the ~~holder~~ holders of ~~each Outstanding Debenture is required~~all Debentures then outstanding. Upon the request of the Company, accompanied by a copy of a resolution of its Board of Directors 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 of evidence of the consent of the Debentureholders as aforesaid, the Trustee shall join with the Company in the execution of such supplemental indenture unless such supplemental indenture affects the Trustee's own rights, duties or immunities under this Indenture or otherwise, in which case the Trustee may in its discretion but shall not be ~~effective until each holder of the Trust Securities of the Trust shall have consented~~ obligated to enter into such supplemental indenture. , It shall not be necessary for the consent of the Debentureholders ~~affected thereby~~ under this Section ~~11.2~~ 11.02 to approve the particular form of any proposed supplemental indenture, but 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 11.02, the Company shall mail to the Debentureholders a notice, 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.

Appears in 1 contract

Samples: Indenture (Philip Services Corp)

SUPPLEMENTAL INDENTURES WITH CONSENT OF DEBENTUREHOLDERS. With the consent (evidenced as provided in Section ~~10.1~~8.01) of the holders of not less than ~~a majority~~ 662/3% in aggregate principal amount of the Debentures at the time ~~Outstanding~~outstanding, the Company, when authorized by the resolutions of the Board ~~Resolutions~~of Directors, and the Trustee 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 as then in effect)~~ 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 ~~not covered by Section 11.1~~ the rights of the holders of the ~~Debentures under this Indenture~~Debentures; provided, however, that no such -------- ------- supplemental indenture shall ~~without the consent of the holders of each Debenture then Outstanding and affected thereby,~~ (i) extend the fixed maturity of any Debentures~~, reduce the principal amount thereof~~, or reduce the rate or extend the time of payment of interest thereon, or reduce the principal amount thereof or premium, if any, thereon, or make the principal thereof or interest or premium, if any, thereon payable in any coin or currency other than that provided in the Debentures without the consent of the holder of each Debenture so affected; , or (ii) reduce the aforesaid percentage of Debentures, the holders of which are required to consent to any such supplemental indenture~~; provided further~~, that if the Debentures are held by the Trust or a trustee of the Trust, such supplemental indenture shall not be effective until the holders of a majority in liquidation preference of Trust Securities of the Trust shall have consented to such supplemental indenture; provided further, that if without the consent of the ~~holder~~ holders of ~~each Outstanding Debenture is required~~all Debentures then outstanding. Upon the request of the Company, accompanied by a copy of the resolutions of the Board of Directors certified by its Secretary or Assistant Secretary authorizing the execution of any such supplemental indenture, and upon the filing with the Trustee of evidence of the consent of Debentureholders as aforesaid, the Trustee shall join with the Company in the execution of such supplemental indenture unless such supplemental indenture affects the Trustee's own rights, duties or immunities under this Indenture or otherwise, in which case the Trustee may in its discretion, but shall not be ~~effective until each holder of the Trust Securities of the Trust shall have consented to~~ obligated to, enter into such supplemental indenture. It shall not be necessary for the consent of the Debentureholders ~~affected thereby~~ under this Section ~~11.2~~ 10.02 to approve the particular form of any proposed supplemental indenture, but it shall be sufficient if such consent shall approve the substance thereof.

Appears in 1 contract

Samples: Zenith Electronics Corp

SUPPLEMENTAL INDENTURES WITH CONSENT OF DEBENTUREHOLDERS. With the consent (evidenced as provided in ~~Section 10.1~~Article Nine) of the holders of ~~not less than~~ a majority ~~in aggregate~~ of the principal amount of the Debentures at the time ~~Outstanding~~outstanding, the Company, when authorized by the resolutions of the Board ~~Resolutions~~of Directors, and the Trustee may from time to time and at any time enter into an indenture or ~~indentures~~ indenture supplemental hereto ~~(which shall conform to the provisions of the Trust Indenture Act as then in effect)~~ 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 ~~not covered by Section 11.1~~ the rights of the holders of the ~~Debentures under this Indenture~~Debentures; ~~provided~~PROVIDED, ~~however~~HOWEVER, that no such supplemental indenture shall ~~without the consent of the holders of each Debenture then Outstanding and affected thereby,~~ (i) extend the fixed maturity of any ~~Debentures, reduce the principal amount thereof~~Debenture, or reduce the rate or extend the time of payment of interest thereon, or reduce the principal amount thereof or premium, if any, thereon, or reduce any amount payable on redemption thereof, or impair or affect the right of any Debentureholder to institute suit for the payment thereof; or make the principal thereof or interest or premium, if any, thereon payable in any coin or currency other than that provided in the Debentures, or modify the provisions of this Indenture with respect to the subordination of the Debentures in a manner adverse to the Debentureholders, or impair the right to convert the Debentures into Common Stock subject to the terms set forth herein, including Section 15.06, without the consent of the holder of each Debenture so affected; , or (ii) reduce the aforesaid percentage of Debentures, the holders of which are required to consent to any such supplemental ~~indenture; provided further~~.indenture, that if the Debentures are held by the Trust or a trustee of the Trust, such supplemental indenture shall not be effective until the holders of a majority in liquidation preference of Trust Securities of the Trust shall have consented to such supplemental indenture; provided further, that if without the consent of the ~~holder~~ holders of ~~each Outstanding Debenture is required~~all Debentures then outstanding. Upon the request of the Company, accompanied by a copy of the resolutions of the Board of Directors certified by its Secretary or Assistant Secretary authorizing the execution of any such supplemental indenture, and upon the filing with the Trustee of evidence of the consent of Debentureholders as aforesaid, the Trustee shall join with the Company in the execution of such supplemental indenture unless such supplemental indenture affects the Trustee's own rights, duties or immunities under this Indenture or otherwise, in which case the Trustee may in its discretion but shall not be ~~effective until each holder of the Trust Securities of the Trust shall have consented to~~ obligated to, enter into such supplemental indenture. It shall not be necessary for the consent of the Debentureholders ~~affected thereby~~ under this Section ~~11.2~~ 11.02 to approve the particular form of any proposed supplemental indenture, but it shall be sufficient if such consent shall approve the substance thereof.

Appears in 1 contract

Samples: Schuler Holdings Inc

SUPPLEMENTAL INDENTURES WITH CONSENT OF DEBENTUREHOLDERS. With the consent (evidenced as provided in ~~Section 10.1~~Article IX) of the holders of not less than a majority in aggregate principal amount of the Debentures at the time ~~Outstanding~~outstanding (determined in accordance with Section 9.4), the Company, when authorized by the resolutions of the Board ~~Resolutions~~of Directors, and the Trustee 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 as then in effect)~~ 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 ~~not covered by Section 11.1~~ the rights of the holders of the ~~Debentures under this Indenture~~Debentures; provided, however, that no such supplemental indenture shall ~~without the consent of the holders of each Debenture then Outstanding and affected thereby,~~ -------- ------- (i) extend the fixed maturity of any ~~Debentures, reduce the principal amount thereof~~Debenture, or reduce the rate or extend the time of payment of interest thereon, or reduce the principal amount thereof or premium, if any, thereon, or reduce any amount payable on redemption thereof, or impair or adversely affect the right of any Debentureholder to institute suit for the payment thereof, or make the principal thereof or interest or premium, if any, thereon payable in any coin or currency other than that provided in the Debentures, or change or impair the right to convert the Debentures into Common Stock subject to the terms set forth herein, including Section 15.6, or modify the provisions of this Indenture with respect to the subordination of the Debentures in a manner adverse to the Debentureholders, without the consent of the holder of each Debenture so affected; , or (ii) reduce the aforesaid percentage of Debentures, the holders of which are required to consent 48 to any such supplemental indenture~~; provided further~~, that if the Debentures are held by the Trust or a trustee of the Trust, such supplemental indenture shall not be effective until the holders of a majority in liquidation preference of Trust Securities of the Trust shall have consented to such supplemental indenture; provided further, that if without the consent of the ~~holder~~ holders of ~~each Outstanding Debenture is required~~all Debentures then outstanding. Upon the request of the Company, accompanied by a copy of the resolutions of the Board of Directors certified by its Secretary or Assistant Secretary authorizing the execution of any such supplemental indenture, and upon the filing with the Trustee of evidence of the consent of Debentureholders as aforesaid, the Trustee shall join with the Company in the execution of such supplemental indenture unless such supplemental indenture affects the Trustee's own rights, duties or immunities under this Indenture or otherwise, in which case the Trustee may in is discretion, but shall not be ~~effective until each holder of the Trust Securities of the Trust shall have consented to~~ obligated to, enter into such supplemental indenture. It shall not be necessary for the consent of the Debentureholders ~~affected thereby~~ under this Section 11.2 to approve the particular form of any proposed supplemental indenture, but it shall be sufficient if such consent shall approve the substance thereof.

Appears in 1 contract

Samples: Sequus Pharmaceuticals Inc

SUPPLEMENTAL INDENTURES WITH CONSENT OF DEBENTUREHOLDERS. With the consent (evidenced as provided in Section ~~10.1~~9.01) of the holders of not less than a majority in aggregate principal amount of the Debentures at the time ~~Outstanding~~outstanding of each series to be affected, the ~~Company,~~ Company and the Guarantor each when authorized by a resolution of its Board ~~Resolutions,~~ of Directors and the Trustee 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 of 1939 as ~~then~~ in ~~effect~~force at the date of the execution thereon) 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 Debentures of a series or of modifying in any manner ~~not covered by Section 11.1~~ the rights of the holders of the Debentures ~~under this Indenture~~of such series to be affected; provided, however, that no such supplemental indenture shall ~~without the consent of the holders of each Debenture then Outstanding and affected thereby,~~ (i) ~~extend~~ change the fixed maturity (which term shall not include payments due pursuant to any sinking, purchase or analogous fund) of any ~~Debentures,~~ Debentures or reduce the principal amount thereof, or reduce the rate or extend the time of payment of interest thereon, or reduce any premium payable upon the redemption thereof, without the consent of the holder of each Debenture ~~so affected;~~ to affected or (ii) reduce the aforesaid percentage of ~~Debentures~~Debentures of any series, the consent of the holders of which ~~are~~ is required ~~to consent to~~ for any such supplemental indenture~~; provided further~~, that if the Debentures are held by the Trust or a trustee of the Trust, such supplemental indenture shall not be effective until the holders of a majority in liquidation preference of Trust Securities of the Trust shall have consented to such supplemental indenture; provided further, that if without the consent of the ~~holder~~ holders of all Debentures of such series then outstanding. Upon the request of the Company and the Guarantor, accompanied by a copy of the resolutions of each ~~Outstanding Debenture is required~~of their respective Boards of Directors certified by their respective Secretaries or any Assistant Secretaries authorizing the execution of any such supplemental indentures, and upon the filing with the Trustee of evidence of the consent of Debentureholders as aforesaid, the Trustee shall join with the Company and the Guarantor in the execution of such supplemental indenture unless such supplemental indenture affects the Trustee's own rights, duties or immunities under this Indenture or otherwise, in which case the Trustee may in its discretion, but shall not be ~~effective until each holder of the Trust Securities of the Trust shall have consented to~~ obligated to, enter into such supplemental indenture. It shall not be necessary for the consent of the Debentureholders ~~affected thereby~~ under this Section ~~11.2~~ 11.02 to approve the particular form of any proposed supplemental ~~indenture~~Indenture, but it shall be sufficient if such consent shall approve the substance thereof.

Appears in 1 contract

Samples: Second Supplemental Indenture (Cooper Industries LTD)

SUPPLEMENTAL INDENTURES WITH CONSENT OF DEBENTUREHOLDERS. With the consent (evidenced as provided in ~~Section 10.1~~Article 9) of the holders of not less than a majority in aggregate principal amount of the Debentures at the time ~~Outstanding~~outstanding (determined in accordance with Article 9), the Company, when authorized by the resolutions of the Board ~~Resolutions~~of Directors, and the Trustee 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 as then in effect)~~ 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 ~~not covered by Section 11.1~~ the rights of the holders of the ~~Debentures under this Indenture;~~ Debentures, provided, however, that no such supplemental indenture shall ~~without the consent of the holders of each Debenture then Outstanding and affected thereby,~~ (i) extend the fixed maturity of any ~~Debentures, reduce the principal amount thereof~~Debenture, or reduce the rate or extend the time of for payment of ~~interest~~ accrued and unpaid interest, including Contingent Interest, if any, and accrued and unpaid Liquidated Damages, if any, thereon, or reduce the principal amount thereof or premium, if any, thereon, or reduce any amount payable on repurchase, redemption or conversion thereof, impair, or change in any respect adverse to the Debentureholder, the obligation of the Company to repurchase any Debenture at the option of the holder on any Repurchase Date or upon the happening of a Designated Event, or change the time at which the Debentures may or must be redeemed or repurchased, or impair or adversely affect the right of any Debentureholder to institute suit for the payment thereof, or change the currency in which the Debentures are payable, or impair the right to convert the Debentures into Common Stock, cash or other property receivable upon conversion, subject to the terms set forth herein, including Section 15.05, or reduce the number of shares of Common Stock or the amount of any other property receivable upon conversion of the Debentures, reduce the quorum or voting requirement for the Debentures as set forth in this Indenture, modify the provisions of this Section 11.02, except to increase the percentage in principal amount of Debentures whose holders must consent to an amendment or to provide that certain other provisions of this Indenture cannot be modified or waived without the consent of holders of outstanding Debentures affected by such modification or waiver without the consent of the holder of each such Debenture so affected; , or (ii) reduce the aforesaid percentage of Debentures, the holders of which are required to consent to any such supplemental indenture~~; provided further~~, that if the Debentures are held by the Trust or a trustee of the Trust, such supplemental indenture shall not be effective until the holders of a majority in liquidation preference of Trust Securities of the Trust shall have consented to such supplemental indenture; provided further, that if without the consent of the ~~holder~~ holders of ~~each Outstanding Debenture is required~~all Debentures then outstanding. Upon the written request of the Company, accompanied by a copy of the Board Resolutions authorizing the execution of any such supplemental indenture, and upon the filing with the Trustee of evidence of the consent of Debentureholders as aforesaid, the Trustee shall join with the Company in the execution of such supplemental indenture unless such supplemental indenture affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise, in which case the Trustee may in its discretion, but shall not be ~~effective until each holder of the Trust Securities of the Trust shall have consented to~~ obligated to, enter into such supplemental indenture. It shall not be necessary for the consent of the Debentureholders ~~affected thereby~~ under this Section ~~11.2~~ 11.02 to approve the particular form of any proposed supplemental indenture, but it shall be sufficient if such consent shall approve the substance thereof.

Appears in 1 contract

Samples: Blackrock Inc /Ny

SUPPLEMENTAL INDENTURES WITH CONSENT OF DEBENTUREHOLDERS. With the consent (evidenced as provided in ~~Section 10.1~~Article IX) of the holders of not less than ~~a majority~~ 662/3% in aggregate principal amount of the Debentures at the time ~~Outstanding~~outstanding, the Company, when authorized by the resolutions of the Board ~~Resolutions~~of Directors, and the Trustee 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 as then in effect)~~ 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 ~~not covered by Section 11.1~~ the rights of the holders of the ~~Debentures under this Indenture~~Debentures; provided, however, that no such supplemental indenture shall ~~without the consent of the holders of each Debenture then Outstanding and affected thereby,~~ (i) extend the fixed maturity of any ~~Debentures, reduce the principal amount thereof~~Debenture, or reduce the rate or extend the time of payment of interest thereon, or reduce the principal amount thereof or premium, if any, thereon, or reduce any amount payable on redemption or on repayment thereof, or impair or affect the right of any Debentureholder to institute suit for the payment thereof, or make the principal thereof or interest or premium, if any, thereon payable in any coin or currency other than that provided in the Debentures, or modify the provisions of this Indenture with respect to the subordination of the Debentures in a manner adverse to the Debentureholders, or change the obligation of the Company to make repayment of any Debenture pursuant to Section 3.5 or 3.6 in a manner adverse to the holder of Debentures, or impair the right to convert the Debentures into Common Stock subject to the terms set forth herein, including Section 15.6, without the consent of the holder of each Debenture so affected; , or (ii) reduce the aforesaid percentage of Debentures, the holders of which are required to consent to any such supplemental indenture~~; provided further~~, that if the Debentures are held by the Trust or a trustee of the Trust, such supplemental indenture shall not be effective until the holders of a majority in liquidation preference of Trust Securities of the Trust shall have consented to such supplemental indenture; provided further, that if without the consent of the ~~holder~~ holders of ~~each Outstanding Debenture is required~~all Debentures then outstanding. Upon the request of the Company, accompanied by a copy of the resolutions of the Board of Directors certified by its Secretary or Treasurer authorizing the execution of any such supplemental indenture, and upon the filing with the Trustee of evidence of the consent of Debentureholders as aforesaid, the Trustee shall join with the Company in the execution of such supplemental indenture unless such supplemental indenture affects the Trustee's own rights, duties or immunities under this Indenture or otherwise, in which case the Trustee may in its discretion, but shall not be ~~effective until each holder of the Trust Securities of the Trust shall have consented to~~ obligated to, enter into such supplemental indenture. It shall not be necessary for the consent of the Debentureholders ~~affected thereby~~ under this Section 11.2 to approve the particular form of any proposed supplemental indenture, but it shall be sufficient if such consent shall approve the substance thereof.

Appears in 1 contract

Samples: Indenture (Omnicom Group Inc)

SUPPLEMENTAL INDENTURES WITH CONSENT OF DEBENTUREHOLDERS. With the consent (evidenced as provided in Section ~~10.1~~9.01) of the holders of not less than a majority in aggregate principal amount of the Debentures at the time ~~Outstanding~~outstanding of each series to be affected, the ~~Company~~Company and the Guarantors, each when authorized by a resolution of its Board ~~Resolutions~~of Directors, and the Trustee 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 of 1939 as ~~then~~ in ~~effect~~force at the date of the 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 Debentures of a series or of modifying in any manner ~~not covered by Section 11.1~~ the rights of the holders of the Debentures ~~under this Indenture~~of such series to be affected; provided, however, that no such supplemental indenture shall ~~without the consent of the holders of each Debenture then Outstanding and affected thereby,~~ (i) ~~extend~~ change the fixed maturity (which term shall not include payments due pursuant to any sinking, purchase or analogous fund) of any Debentures, or reduce the principal amount thereof, or reduce the rate or extend the time of payment of interest thereon, or reduce any premium payable upon the redemption thereof, change the redemption provisions in any manner that would be adverse to any holder or adversely affect the right of repayment at the option of any holder, change the coin or currency in which the principal of or any premium or interest thereon is payable, impair the right to institute suit for the enforcement of any payment on or after the stated maturity of any Debentures or, in the case of redemption, on or after the redemption date or, in the case of repayment at the option of any holder, on or after the redemption date, or modify any of the provisions regarding the waiver of past defaults and the waiver of specified covenants by the holders of the Debentures, without the consent of the holder of each Debenture so affected~~; or~~ , (ii) reduce the aforesaid percentage of ~~Debentures~~Debentures of any series, the consent of the holders of which ~~are~~ is required ~~to consent to~~ for any such supplemental indenture~~; provided further~~, ~~that if~~ without the ~~Debentures are held by the Trust or a trustee~~ consent of ~~the Trust, such supplemental indenture shall not be effective until~~ the holders of ~~a majority in liquidation preference~~ all Debentures of ~~Trust Securities~~ such series then outstanding or (iii) modify any of the ~~Trust shall have consented to such supplemental indenture; provided further~~foregoing, ~~that if~~ without the consent of the holder of each ~~Outstanding~~ Debenture ~~is required~~so affected. Upon the request of the Company and the Guarantors, accompanied by a copy of the resolutions of each of their respective Boards of Directors certified by their respective Secretaries or any Assistant Secretaries authorizing the execution of any such supplemental indentures, and upon the filing with the Trustee of evidence of the consent of Debentureholders as aforesaid, the Trustee shall join with the Company and the Guarantors in the execution of such supplemental indenture unless such supplemental indenture affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise, in which case the Trustee may in its discretion, but shall not be ~~effective until each holder of the Trust Securities of the Trust shall have consented to~~ obligated to, enter into such supplemental indenture. It shall not be necessary for the consent of the Debentureholders ~~affected thereby~~ under this Section ~~11.2~~ 11.02 to approve the particular form of any proposed supplemental indenture, but it shall be sufficient if such consent shall approve the substance thereof.

Appears in 1 contract

Samples: Cooper Industries LTD

SUPPLEMENTAL INDENTURES WITH CONSENT OF DEBENTUREHOLDERS. With the consent (evidenced as provided in Section 10.1) of the holders of not less than a majority in aggregate principal amount of the Debentures at the time Outstanding, the Company, when authorized by Board Resolutions, and the Trustee 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 as then in effect) 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 not covered by Section 11.1 the rights of the holders of the Debentures under this Indenture; provided, however, that no such supplemental indenture shall without the consent of the holders of each Debenture then Outstanding and affected thereby, (i) extend the fixed maturity of any Debentures, reduce the principal amount thereof, or reduce the rate or extend the time of payment of interest thereon, without the consent of the holder of each Debenture so affected; or (ii) reduce the aforesaid percentage of Debentures, the holders of which are required to consent to any such supplemental indenture; provided further, that if the Debentures are held by the Trust or a trustee of the Trust, such supplemental indenture shall not be effective until the holders of a majority in ~~liquidation preference~~ Liquidation Amount of Trust Securities of the Trust shall have consented to such supplemental indenture; provided further, that if the consent of the holder of each Outstanding Debenture is required, such supplemental indenture shall not be effective until each holder of the Trust Securities of the Trust shall have consented to such supplemental indenture. It shall not be necessary for the consent of the Debentureholders affected thereby under this Section 11.2 to approve the particular form of any proposed supplemental indenture, but it shall be sufficient if such consent shall approve the substance thereof.

Appears in 1 contract

Samples: Front Range Capital Trust I

SUPPLEMENTAL INDENTURES WITH CONSENT OF DEBENTUREHOLDERS. With the consent (evidenced as provided in Section 10.1) of the holders of not less than a majority in aggregate principal amount of the Debentures at the time Outstanding, the Company, when authorized by Board Resolutions, and the Trustee 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 as then in effect) 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 not covered by Section 11.1 the rights of the holders of the Debentures under this Indenture; provided, however, that no such supplemental indenture shall without the written consent of the holders of each Debenture then Outstanding and affected thereby, (i) extend the fixed maturity of any Debentures, reduce the principal amount thereof, or reduce the rate or extend the time of payment of interest ~~thereon~~thereon (other than the Company's right to defer interest pursuant to this Indenture), without the consent of the holder of each Debenture so affected; or (ii) reduce the aforesaid percentage of Debentures, the holders of which are required to consent to any such supplemental indenture; provided further, that if the Debentures are held by the Trust or a trustee of the Trust, such supplemental indenture shall not be effective until the holders of a majority in liquidation preference of Trust Securities of the Trust shall have consented to such supplemental indenture; provided further, that if the consent of the holder of each Outstanding Debenture is required, such supplemental indenture shall not be effective until each holder of the Trust Securities of the Trust shall have consented to such supplemental indenture. It shall not be necessary for the consent of the Debentureholders affected thereby under this Section 11.2 to approve the particular form of any proposed supplemental indenture, but it shall be sufficient if such consent shall approve the substance thereof.

Appears in 1 contract

Samples: Fidelity Capital Trust I

SUPPLEMENTAL INDENTURES WITH CONSENT OF DEBENTUREHOLDERS. With the consent (evidenced as provided in Section ~~10.1~~11.1) of the holders of not less than a majority in aggregate principal amount of the Debentures at the time Outstanding, the Company, when authorized by Board Resolutions, and the Indenture Trustee 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 as then in effect) 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 not covered by Section ~~11.1~~ 12.1 the rights of the holders of the Debentures under this Indenture; provided, however, that no such supplemental indenture shall without the consent of the holders of each Debenture then Outstanding and affected thereby, (i) extend the fixed maturity of any Debentures, reduce the principal amount thereof, or reduce the rate or extend the time of payment of interest thereon, or modify the provisions in Article IV with respect to the conversion of Outstanding Debentures in a manner adverse to the holders thereof, or without the consent of the holder of each Debenture so affected; or (ii) reduce the aforesaid percentage of Debentures, the holders of which are required to consent to any such supplemental indenture; provided further, that if the Debentures are held by the Trust or a trustee of the Trust, such supplemental indenture shall not be effective until the holders of a majority in liquidation preference of Trust Securities of the Trust shall have consented to such supplemental indenture; provided further, that if the consent of the holder of each Outstanding Debenture is required, such supplemental indenture shall not be effective until each holder of the Trust Securities of the Trust shall have consented to such supplemental indenture. It shall not be necessary for the consent of the Debentureholders affected thereby under this Section ~~11.2~~ 12.2 to approve the particular form of any proposed supplemental indenture, but it shall be sufficient if such consent shall approve the substance thereof.

Appears in 1 contract

Samples: Indenture (Bridge Bancorp Inc)

SUPPLEMENTAL INDENTURES WITH CONSENT OF DEBENTUREHOLDERS. With the consent (evidenced as provided in ~~Section~~ SECTION 10.1) of the holders of not less than a majority in aggregate principal amount of the Debentures at the time Outstanding, the Company, when authorized by Board Resolutions, and the Trustee 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 as then in effect) 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 not covered by ~~Section~~ SECTION 11.1 the rights of the holders of the Debentures under this Indenture; provided, however, that no such supplemental indenture shall without the consent of the holders of each Debenture then Outstanding and affected thereby, (i) extend the fixed maturity of any Debentures, reduce the principal amount ~~thereof,~~ thereof or reduce the rate or extend the time of payment of interest ~~thereon, without~~ thereon (other than the ~~consent of the holder of each Debenture so affected~~Company's right to defer interest pursuant to this Indenture); or (ii) reduce the aforesaid percentage of Debentures, the holders of which are required to consent to any such supplemental indenture; provided further, that if the Debentures are held by the Trust or a trustee of the Trust, such supplemental indenture shall not be effective until the holders of a majority in liquidation preference of Trust Securities of the Trust shall have consented to such supplemental indenture; provided further, that if the consent of the holder of each Outstanding Debenture is required, such supplemental indenture shall not be effective until each holder of the Trust Securities of the Trust shall have consented to such supplemental indenture. It shall not be necessary for the consent of the Debentureholders affected thereby under this Section ~~11.2~~ to approve the particular form of any proposed supplemental indenture, but it shall be sufficient if such consent shall approve the substance thereof.

Appears in 1 contract

Samples: Southside Capital Trust I

Appears in 1 contract

Samples: Lakeland Capital Trust

SUPPLEMENTAL INDENTURES WITH CONSENT OF DEBENTUREHOLDERS. With the consent (evidenced as provided in ~~Section 10.1~~Article Nine) of the holders of not less than a majority in aggregate principal amount of the Debentures at the time ~~Outstanding~~outstanding, the Company, when authorized by the resolutions of the Board ~~Resolutions~~of Directors, and the Trustee 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 as then in effect)~~ 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 ~~not covered by Section 11.1~~ the rights of the holders of the ~~Debentures under this Indenture~~Debentures; provided, however, that no such supplemental indenture shall ~~without the consent of the holders of each Debenture then Outstanding and affected thereby,~~ (i) extend the fixed maturity of any ~~Debentures, reduce the principal amount thereof~~Debenture, or reduce the rate or extend the time of payment of interest thereon, or reduce the principal amount thereof or premium, if any, thereon, or impair the right of any Debentureholder to institute suit for the payment thereof, or make the principal thereof or interest or premium, if any, thereon payable in any coin or currency other than that provided in the Debentures, or impair the right to convert the Debentures into Common Stock subject to the terms set forth herein, including Section 15.06, without the consent of the holder of each Debenture so affected; , or (ii) reduce the aforesaid percentage of Debentures, the holders of which are required to consent to any such supplemental indenture~~; provided further~~, that if the Debentures are held by the Trust or a trustee of the Trust, such supplemental indenture shall not be effective until the holders of a majority in liquidation preference of Trust Securities of the Trust shall have consented to such supplemental indenture; provided further, that if without the consent of the ~~holder~~ holders of ~~each Outstanding Debenture is required~~all Debentures then outstanding. Upon the request of the Company, accompanied by a copy of the resolutions of the Board of Directors certified by its Secretary or Assistant Secretary authorizing the execution of any such supplemental indenture, and upon the filing with the Trustee of evidence of the consent of Debentureholders as aforesaid, the Trustee shall join with the Company in the execution of such supplemental indenture unless such supplemental indenture affects the Trustee's own rights, duties or immunities under this Indenture or otherwise, in which case the Trustee may in its discretion, but shall not be ~~effective until each holder of the Trust Securities of the Trust shall have consented to~~ obligated to, enter into such supplemental indenture. It shall not be necessary for the consent of the Debentureholders ~~affected thereby~~ under this Section ~~11.2~~ 11.02 to approve the particular form of any proposed supplemental indenture, but it shall be sufficient if such consent shall approve the substance thereof.

Appears in 1 contract

Samples: Indenture (SCS Transportation Inc)

SUPPLEMENTAL INDENTURES WITH CONSENT OF DEBENTUREHOLDERS. With the consent (evidenced as provided in Section 10.1) of the holders of not less than a majority in ~~aggregate~~ principal amount of the Debentures at the time Outstanding, the Company, when authorized by Board Resolutions, and the Trustee 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 as then in effect) 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 not covered by Section 11.1 the rights of the holders of the Debentures under this Indenture; provided, however, that no such supplemental indenture shall without the consent of the holders of each Debenture then Outstanding and affected thereby, (i) extend the fixed maturity of any Debentures, reduce the principal amount thereof, or reduce the rate or extend the time of payment of interest thereon~~, without the consent of the holder of each Debenture so affected~~; or (ii) reduce the aforesaid percentage of Debentures, the holders of which are required to consent to any such supplemental indenture; ~~provided~~ provided, further, that if the Debentures are held by the Trust or a trustee of the Trust, such supplemental indenture shall not be effective until the holders of a majority in liquidation preference of Trust Securities of the Trust shall have consented to such supplemental indenture; ~~provided~~ provided, further, that if the consent of the holder of each Outstanding Debenture is required, such supplemental indenture shall not be effective until each holder of the Trust Securities of the Trust shall have consented to such supplemental indenture. It shall not be necessary for the consent of the Debentureholders affected thereby under this Section 11.2 to approve the particular form of any proposed supplemental indenture, but it shall be sufficient if such consent shall approve the substance thereof.

Appears in 1 contract

Samples: First Preferred Capital Trust Ii

Common use of SUPPLEMENTAL INDENTURES WITH CONSENT OF DEBENTUREHOLDERS Clause in Contracts