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

Supplemental Indentures with Consent of Holders. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series or Guarantees thereof, with the consent of the Holders of a majority in principal amount (including consents obtained in connection with a purchase of, or tender offer or exchange offer for, Securities) of the Outstanding Securities of all series affected by such supplemental indenture (considered together as one class for this purpose and such affected Securities potentially being Securities of the same or different series and, with respect to any series, potentially comprising fewer than all the Securities of such series), by Act of said Holders delivered to the Company and the Trustee, the Company, when authorized by a Board Resolution, each of the Guarantors when authorized by a Guarantor’s Board Resolution of such Guarantor, and the Trustee may enter into an indenture or indentures supplemental hereto for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture or of modifying in any manner the rights of the Holders of Securities of such series under this Indenture or any Guarantees of such Securities; provided, however, that no such supplemental indenture shall, without the consent of the Holder of each Outstanding Security affected thereby (including consents obtained in connection with a purchase of, or tender offer or exchange offer for, Securities),

Appears in 23 contracts

Samples: Indenture (Diamondback Energy, Inc.), Indenture (Diamondback Energy, Inc.), Indenture (Gulfport Buckeye LLC)

AutoNDA by SimpleDocs

Supplemental Indentures with Consent of Holders. Except as may otherwise be provided pursuant to Section 3.01 301 for all or any specific Securities of any series or Guarantees thereof, with the consent of the Holders of a majority in principal amount (including consents obtained in connection with a purchase of, or tender offer or exchange offer for, Securities) of the Outstanding Securities of all series affected by such supplemental indenture (considered together as one class for this purpose and such affected Securities potentially being Securities of the same or different series and, with respect to any series, potentially comprising fewer than all the Securities of such series), by Act of said Holders delivered to the Company and the Trustee, the Company, when authorized by a Board Resolution, each of the Guarantors when authorized by a Guarantor’s Board Resolution of such Guarantor, and the Trustee may enter into an indenture or indentures supplemental hereto for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture or of modifying in any manner the rights of the Holders of Securities of such series under this Indenture or any Guarantees of such Securities; provided, however, that no such supplemental indenture shall, without the consent of the Holder of each Outstanding Security affected thereby (including consents obtained in connection with a purchase of, or tender offer or exchange offer for, Securities),

Appears in 20 contracts

Samples: Indenture (Diamondback Energy, Inc.), Indenture (Diamondback Energy O&G LLC), Laredo Midstream Services, LLC

Supplemental Indentures with Consent of Holders. Except as may otherwise be provided pursuant to Section 3.01 301 for all or any specific Securities of any series or Guarantees thereof, with the consent of the Holders of a majority in principal amount (including consents obtained in connection with a purchase of, or tender offer or exchange offer for, Securities) of the Outstanding Securities of all series affected by such supplemental indenture (considered together as one class for this purpose and such affected Securities potentially being Securities of the same or different series and, with respect to any series, potentially comprising fewer than all the Securities of such series), by Act of said Holders delivered to the Company Issuers and the Trustee, the CompanyIssuers, when authorized by a Board ResolutionResolution of each Issuer, each of the Guarantors when authorized by a Guarantor’s Board Resolution of such Guarantor, and the Trustee may enter into an indenture or indentures supplemental hereto for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture or of modifying in any manner the rights of the Holders of Securities of such series under this Indenture or any Guarantees of such Securities; provided, however, that no such supplemental indenture shall, without the consent of the Holder of each Outstanding Security affected thereby (including consents obtained in connection with a purchase of, or tender offer or exchange offer for, Securities),

Appears in 9 contracts

Samples: Indenture (American Natural Soda Ash Corp.), Indenture (Genesis Energy Lp), Indenture (Genesis Energy Lp)

Supplemental Indentures with Consent of Holders. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series or Guarantees thereof, with With the consent of the Holders of a majority in aggregate principal amount (including consents obtained in connection with a purchase of, or tender offer or exchange offer for, Securities) of the Outstanding Securities of all series affected by such supplemental indenture (considered together acting as one class class) (which consent may, but need not, be given in connection with any tender offer or exchange offer for this purpose and such affected Securities potentially being Securities of the same or different series and, with respect to any series, potentially comprising fewer than all the Securities of such seriesSecurities), by Act of said Holders delivered to the Company and the Trustee, the Company, when authorized by a Board Resolution, each of the Guarantors when authorized by a Guarantor’s Board Resolution of such Guarantor, and the Trustee may enter into an amendments, supplements or modifications to this Indenture and to all or any such series of Securities and to documents or instruments ancillary thereto (by indenture or indentures supplemental hereto hereto) for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture or of all or any of such series of Securities or of any documents or instruments ancillary thereto or of modifying in any manner the rights of the Holders of Securities of such series under this Indenture or any Guarantees of such SecuritiesIndenture; provided, however, that no such supplemental indenture amendment, supplement or modification shall, without the consent of all the Holder Holders of each Outstanding Security Securities whose rights are affected thereby (including consents obtained in connection with a purchase of, or tender offer or exchange offer for, Securities)thereby,

Appears in 8 contracts

Samples: And (Abraxas Petroleum Corp), And (Abraxas Petroleum Corp), Abraxas Petroleum Corp

Supplemental Indentures with Consent of Holders. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series or Guarantees thereof, with With the consent of the Holders of a majority in principal amount (including consents obtained in connection with a purchase of, or tender offer or exchange offer for, Securities) of the Outstanding Securities of all series affected by such supplemental indenture (indenture, considered together as one class for this purpose (plus, if and as the terms applicable to any such affected Securities potentially being Securities series pursuant to Section 3.1 so provide, the consent of the same or different series and, with respect to any series, potentially comprising fewer than all Holders of a majority in principal amount of the Outstanding Securities of such seriesaffected series or of any other Persons acting on behalf of such Holders), by Act of said Holders delivered to the Company Issuer and the Trustee, the CompanyIssuer, when authorized by a Board Resolution, each of the Guarantors when authorized by a Guarantor’s Board Resolution of such Guarantor, and the Trustee may enter into an indenture or indentures supplemental hereto for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture or of modifying in any manner the rights of the Holders of Securities of such series under this Indenture or any Guarantees of such SecuritiesIndenture; provided, however, that no such supplemental indenture shall, without the consent of the Holder Holders of each a majority in principal amount of the Outstanding Security Securities affected thereby (including consents obtained in connection with a purchase of, or tender offer or exchange offer for, Securities)thereby,

Appears in 5 contracts

Samples: Tortoise North American Energy Corp, Tortoise Energy Capital Corp, Tortoise Energy Infrastructure Corp

Supplemental Indentures with Consent of Holders. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series or Guarantees thereof, with With the consent of the Holders of not less than a majority in aggregate principal amount of the Outstanding Securities (including including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Securities) of the Outstanding Securities of all series affected by such supplemental indenture (considered each series voting together as one class for this purpose and such affected Securities potentially being Securities of the same or different series and, with respect to any series, potentially comprising fewer than all the Securities of such seriesclass), by Act of said Holders delivered to the Company and the Trustee, the Company, when authorized by a Board ResolutionResolution and the Trustee, each of the Guarantors when authorized requested by a Guarantor’s Board Resolution of such GuarantorCompany Request, and the Trustee may enter into an indenture or indentures supplemental hereto or amend this Indenture for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture and, subject to Section 5.13, any past default or compliance with any provisions of modifying in any manner this Indenture with respect to a particular series of Securities may be waived with the rights written consent of the Holders of a majority in principal amount of the Outstanding Securities of such series under this Indenture or any Guarantees of such Securities; provided, however, that no such supplemental indenture shall(including, without the consent of the Holder of each Outstanding Security affected thereby (including limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Securities) of such series (all such series voting as a single class). However, no such supplemental indenture, amendment or waiver shall, without the consent of the Holder of each Outstanding Security affected thereby,

Appears in 4 contracts

Samples: O&M Halyard, Inc., O&M Halyard, Inc., Owens & Minor Inc/Va/

Supplemental Indentures with Consent of Holders. Except as may otherwise be provided pursuant to Section 3.01 301 for all or any specific Securities of any series [if applicable, insert – or Guarantees thereof], with the consent of the Holders of a majority in principal amount (including consents obtained in connection with a purchase of, or tender offer or exchange offer for, Securities) of the Outstanding Securities of all series affected by such supplemental indenture (considered together as one class for this purpose and such affected Securities potentially being Securities of the same or different series and, with respect to any series, potentially comprising fewer than all the Securities of such series), by Act of said Holders delivered to the Company and the Trustee, the Company, when authorized by a Board ResolutionResolution [if applicable, insert – , each of the Guarantors when authorized by a Guarantor’s Board Resolution of such Guarantor], and the Trustee may enter into an indenture or indentures supplemental hereto for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture or of modifying in any manner the rights of the Holders of Securities of such series under this Indenture [if applicable, insert – or any Guarantees of such Securities]; provided, however, that no such supplemental indenture shall, without the consent of the Holder of each Outstanding Security affected thereby (including consents obtained in connection with a purchase of, or tender offer or exchange offer for, Securities),

Appears in 4 contracts

Samples: Indenture (Beta Operating Company, LLC), Indenture (Beta Operating Company, LLC), EP Energy LLC

Supplemental Indentures with Consent of Holders. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series or Guarantees thereof, with With the consent of the Holders of not less than a majority in principal amount (including consents obtained in connection with a purchase of, or tender offer or exchange offer for, Securities) of the Outstanding Securities of all each series affected by such supplemental indenture (considered together and, in the case of any series of Securities held as one class for this purpose and assets of an ACE Trust, such affected Securities potentially being Securities consent of holders of the same or different series and, with respect to any series, potentially comprising fewer than all Preferred Securities and the Common Securities of such seriesACE Trust as may be required under the Trust Agreement of such ACE Trust), by Act of said Holders delivered to the Company Company, the Guarantor and the Trustee, the Company, Company (when authorized by or pursuant to a Company's Board Resolution), each of the Guarantors Guarantor (when authorized by or pursuant to a Guarantor’s 's Board Resolution of such Guarantor, Resolution) and the Trustee may enter into an indenture or indentures supplemental hereto for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture or of modifying in any manner the rights of the Holders of Securities of such series under this Indenture or any Guarantees of the Securities of such Securitiesseries; provided, however, that no such supplemental indenture shallindenture, without the consent of the Holder of each Outstanding Security affected thereby (including consents obtained in connection with a purchase ofthereby, or tender offer or exchange offer for, Securities),shall

Appears in 3 contracts

Samples: Ace LTD, Ace LTD, Ace Ina Holdings Inc

Supplemental Indentures with Consent of Holders. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series or Guarantees thereofseries, with the consent of the Holders of a majority in principal amount (including consents obtained in connection with a purchase of, or tender offer or exchange offer for, Securities) of the all Outstanding Securities of all series affected by such supplemental indenture (indenture, considered together as one class for this purpose and (such affected Securities potentially being may be Securities of the same or different series and, with respect to any series, potentially comprising may comprise fewer than all the Securities of such series), by Act of said Holders delivered to the Company Issuers and the Trustee, the CompanyIssuers, when authorized by a Board Resolution, each of the Guarantors when authorized by a Guarantor’s Board Resolution of such Guarantor, and the Trustee may enter into an indenture or indentures supplemental hereto for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture or of modifying in any manner the rights of the Holders of such affected Securities of such series under this Indenture or any Guarantees of such SecuritiesIndenture; provided, however, that no such supplemental indenture shall, without the consent of the Holder of each Outstanding Security affected thereby (including consents obtained in connection with a purchase of, or tender offer or exchange offer for, Securities)thereby,

Appears in 3 contracts

Samples: Jefferies Group Capital Finance Inc., Jefferies Group Capital Finance Inc., Jefferies Group Capital Finance Inc.

Supplemental Indentures with Consent of Holders. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series or Guarantees thereof, with With the consent of the Trustee, Swap Counterparty, the holders of not less than the majority in principal amount (by aggregate liquidation preference) of the Debentures then Outstanding (as defined in the Debenture Indenture) and the Holders of not less than a majority in principal amount (including consents obtained in connection with a purchase of, or tender offer or exchange offer for, Securities) of the Outstanding Securities of all series affected by (or such supplemental indenture (considered together as one class for this purpose and such affected Securities potentially being Securities lesser percentage of the same or different series and, with respect aggregate principal amount of the Outstanding Securities as may act at a meeting of the Holders pursuant to any series, potentially comprising fewer than all the Securities of such seriesSection 1304), by Act of said Holders delivered to the Company and the Trustee, the CompanyCompany and the Guarantors, when authorized by a Board Resolution, each of the Guarantors when authorized by a Guarantor’s Board Resolution of such Guarantoran Officers’ Certificate, and the Trustee may enter into an indenture or indentures supplemental hereto for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Note Indenture or of modifying in any manner the rights of the Holders of or any beneficial interests in the Securities of such series under this Indenture or any Guarantees of such SecuritiesNote Indenture; provided, however, that no such supplemental indenture shall, without the consent of the Holder Holders of each Outstanding Security and the holders of each Debenture affected thereby (including consents obtained in connection with a purchase of, or tender offer or exchange offer for, Securities)thereby,

Appears in 3 contracts

Samples: Indenture (Cemex Sab De Cv), Indenture (Cemex Sab De Cv), Indenture (Cemex Sab De Cv)

Supplemental Indentures with Consent of Holders. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series or Guarantees thereof, with With the consent of the Holders of a majority in principal amount (including consents obtained in connection with a purchase of, or tender offer or exchange offer for, Securities) of the Outstanding Securities of all series affected by such supplemental indenture (indenture, considered together as one class for this purpose (plus, if and as the terms applicable to any such affected Securities potentially being Securities series pursuant to Section 301 so provide, the consent of the same or different series and, with respect to any series, potentially comprising fewer than all Holders of a majority in principal amount of the Outstanding Securities of such seriesaffected series or of any other Persons acting on behalf of such Holders), by Act of said Holders delivered to the Company Issuer and the Trustee, the CompanyIssuer, when authorized by a Board Resolution, each of the Guarantors when authorized by a Guarantor’s Board Resolution of such Guarantor, and the Trustee may enter into an indenture or indentures supplemental hereto for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture or of modifying in any manner the rights of the Holders of Securities of such series under this Indenture or any Guarantees of such SecuritiesIndenture; provided, however, that no such supplemental indenture shall, without the consent of the Holder Holders of each a majority in principal amount of the Outstanding Security Securities affected thereby (including consents obtained in connection with a purchase of, or tender offer or exchange offer for, Securities)thereby,

Appears in 2 contracts

Samples: Energy Income & Growth Fund, Energy Income & Growth Fund

Supplemental Indentures with Consent of Holders. Except as may otherwise be provided pursuant to Section 3.01 3.1 for all or any specific Securities of any series or Guarantees thereof, with the consent of the Holders of a majority in principal amount (including consents obtained in connection with a purchase of, or tender offer or exchange offer for, Securities) of the Outstanding Securities of all series affected by such supplemental indenture (considered together as one class for this purpose and such affected Securities potentially being Securities of the same or different series and, with respect to any series, potentially comprising fewer than all the Securities of such series), by Act of said Holders delivered to the Company and the Trustee, the Company, when authorized by a Board Resolution, each of the Guarantors when authorized by a Guarantor’s 's Board Resolution of such Guarantor, and the Trustee may enter into an indenture or indentures supplemental hereto for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture or of modifying in any manner the rights of the Holders of Securities of such series under this Indenture or any Guarantees of such Securities; provided, however, that no such supplemental indenture shall, without the consent of the Holder of each Outstanding Security affected thereby (including consents obtained in connection with a purchase of, or tender offer or exchange offer for, Securities),

Appears in 2 contracts

Samples: Indenture (American Safety Insurance Holdings LTD), Indenture (American Safety Insurance Holdings LTD)

Supplemental Indentures with Consent of Holders. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series or Guarantees thereof, with With the consent of the Holders of not less than a majority in principal amount (including consents obtained in connection with a purchase of, or tender offer or exchange offer for, Securities) of the Outstanding Securities of all each series affected by such supplemental indenture (considered together and, in the case of any series of Securities held as one class for this purpose and assets of an Assured Guaranty Trust, such affected Securities potentially being Securities consent of holders of the same or different series and, with respect to any series, potentially comprising fewer than all Preferred Securities and the Common Securities of such seriesAssured Guaranty Trust as may be required under the Trust Agreement of such Assured Guaranty Trust), by Act of said Holders delivered to the Company Company, the Guarantor and the Trustee, the Company, Company (when authorized by or pursuant to a Company’s Board Resolution), each of the Guarantors Guarantor (when authorized by or pursuant to a Guarantor’s Board Resolution of such Guarantor, Resolution) and the Trustee may enter into an indenture or indentures supplemental hereto for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture or of modifying in any manner the rights of the Holders of Securities of such series under this Indenture or any Guarantees of the Securities of such Securitiesseries; provided, however, that no such supplemental indenture shallindenture, without the consent of the Holder of each Outstanding Security affected thereby (including consents obtained in connection with a purchase ofthereby, or tender offer or exchange offer for, Securities),shall

Appears in 2 contracts

Samples: Assured Guaranty (Assured Guaranty US Holdings Inc.), Assured Guaranty LTD

Supplemental Indentures with Consent of Holders. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series or Guarantees thereof, with “With the consent of the Holders of not less than a majority in aggregate principal amount (including consents obtained in connection with a purchase of, or tender offer or exchange offer for, Securities) of the Outstanding Securities of all series affected by such supplemental indenture (considered together as one class for this purpose and such affected Securities potentially being Securities of the same or different series and, with respect to any series, potentially comprising fewer than all the Securities of such series)Notes, by Act of said Holders delivered to the Company Operating Partnership and the Trustee, the Company, Operating Partnership (when authorized by or pursuant to a Board Resolution), each of the Guarantors Guarantor (when authorized by or pursuant to a Guarantor’s Board Resolution of such GuarantorResolution), and the Trustee and, if CRLP shall have become a party to this Indenture pursuant to a Subsidiary Guarantee Supplemental Indenture as contemplated by Section 1018 and shall not have been released, in accordance with the applicable provisions of this Indenture, from its obligations under this Indenture with respect to the Notes, CRLP (when authorized pursuant to a Board Resolution) may enter into an indenture or indentures supplemental hereto for the purpose of adding any provisions to or changing in any manner or eliminating (but solely insofar as relates to the Notes) any of the provisions of this Indenture or of the Notes or any Subsidiary Guarantees of the Notes or of modifying in any manner the rights of the Holders of Securities of such series Notes under this Indenture or any Guarantees of such SecuritiesIndenture; provided, however, that no such supplemental indenture shallindenture, without the consent of the Holder of each Outstanding Security affected thereby (including consents obtained in connection with a purchase ofNote, or tender offer or exchange offer for, Securities),shall:

Appears in 2 contracts

Samples: Second Supplemental Indenture (Mid-America Apartments, L.P.), Indenture (Mid-America Apartments, L.P.)

Supplemental Indentures with Consent of Holders. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series or Guarantees thereof, with With the consent of the Holders of not less than a majority in principal amount (including consents obtained in connection with a purchase of, or tender offer or exchange offer for, Securities) of the Outstanding Securities of all each series affected by such supplemental indenture (considered together as one class for this purpose and such affected Securities potentially being Securities of the same or different series and, with respect to any series, potentially comprising fewer than all the Securities of such series)indenture, by Act of said Holders delivered to the Company Issuer, the Guarantors and the Trustee, the CompanyIssuer or a Guarantor, when authorized by a Board Resolution, each Resolution of the Guarantors when authorized by a Guarantor’s Board Resolution of Issuer or such Guarantor, and the Trustee may enter into an indenture or indentures supplemental hereto for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture or of modifying in any manner the rights of the Holders of Securities of such series under this Indenture or any Guarantees of such SecuritiesIndenture; provided, however, that no such supplemental indenture shall, without the consent of the Holder of each Outstanding Security affected thereby thereby, (including consents obtained in connection with a purchase 1) Change the Stated Maturity of, or tender offer any installment of, the principal, premium (if any) or exchange offer for, rate of interest on the Outstanding Securities or the rate of interest on the Outstanding Securities or change any obligation to pay Additional Amounts or Successor Additional Amounts on the Outstanding Securities),;

Appears in 2 contracts

Samples: Amcor Flexibles North America, Inc., Amcor Flexibles North America, Inc.

Supplemental Indentures with Consent of Holders. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series or Guarantees thereof, with With the consent of the Holders of not less than a majority in principal amount (including consents obtained in connection with a purchase of, or tender offer or exchange offer for, Securities) of the Outstanding Securities of all each series affected by such supplemental indenture (considered together as one class for this purpose and such affected Securities potentially being Securities of the same or different series and, with respect to any series, potentially comprising fewer than all the Securities of such series)indenture, by Act of said Holders delivered to the Company Issuer, the Guarantor (if the Securities are Guaranteed Securities) and the Trustee, the Company, Issuer (when authorized by a or pursuant to an Issuer's Board Resolution), each of the Guarantors Guarantor (when authorized by or pursuant to a Guarantor’s 's Board Resolution of such GuarantorResolution), if applicable, and the Trustee may enter into an indenture or indentures supplemental hereto for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture or of modifying in any manner the rights of the Holders of Securities of such series under this Indenture or any Guarantees of the Securities of such Securitiesseries; providedPROVIDED, howeverHOWEVER, that no such supplemental indenture shallindenture, without the consent of the Holder of each Outstanding Security affected thereby (including consents obtained in connection with a purchase ofthereby, or tender offer or exchange offer for, Securities),shall

Appears in 2 contracts

Samples: Indenture (Highwoods Forsyth L P), Indenture (Reckson Associates Realty Corp)

Supplemental Indentures with Consent of Holders. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series or Guarantees thereof, with With the consent of the Holders of not less than a majority in principal amount (including consents obtained in connection with a purchase of, or tender offer or exchange offer for, Securities) of the Outstanding Securities of all each series affected by such supplemental indenture (considered together as one class for this purpose and such affected Securities potentially being Securities of the same or different series and, with respect to any series, potentially comprising fewer than all the Securities of such series)indenture, by Act of said Holders delivered to the Company and the Trustee, the Company, when authorized by a Board Resolution, each of the Guarantors when authorized by a Guarantor’s Board Resolution of such Guarantor, Company and the Trustee may enter into an indenture or indentures supplemental hereto for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture or of modifying in any manner the rights of the Holders of Securities of such series under this Indenture or any Guarantees of such SecuritiesIndenture; provided, however, that if the supplemental indenture shall expressly provide that any provision to be changed or eliminated shall apply to fewer than all the Outstanding Securities hereunder or under a particular series under this Indenture, then, to the extent not inconsistent with the Trust Indenture Act, any such consent may be given by Holders of not less than a majority in principal amount of the Outstanding Securities hereunder or under such series to which such change or elimination shall apply; provided, further, that no such supplemental indenture shall, without the consent of the Holder of each Outstanding Security affected thereby (including consents obtained in connection with whether or not such affected Securities comprise all Securities under this Indenture or under a purchase of, or tender offer or exchange offer for, Securitiesparticular series),

Appears in 2 contracts

Samples: Indenture (TAL International Group, Inc.), Indenture (TAL International Group, Inc.)

Supplemental Indentures with Consent of Holders. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series or Guarantees thereof, with With the consent of the Holders of not less than a majority in principal amount (including consents obtained in connection with a purchase of, or tender offer or exchange offer for, Securities) of the Outstanding Securities of all each series adversely affected by such supplemental indenture (considered together as one class for this purpose and such affected Securities potentially being Securities or, if any of the same or different series and, with respect to any series, potentially comprising fewer than all the Securities of that series are Original Issue Discount Securities or Indexed Securities, such seriesportion of the principal amount of such Securities as may be specified in the terms thereof), by Act of said Holders delivered to the Company and the Indenture Trustee, the Company, when authorized by a Board Resolution, each of the Guarantors when authorized by a Guarantor’s Board Resolution of such Guarantor, and the Indenture Trustee may enter into an indenture or indentures supplemental hereto for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture or of modifying in any manner the rights of the Holders of Securities of such series under this Indenture or any Guarantees of such SecuritiesIndenture; providedPROVIDED, howeverHOWEVER, that no such supplemental indenture shall, without the consent of the Holder of each Outstanding Security affected thereby (including consents obtained in connection with a purchase of, or tender offer or exchange offer for, Securities)thereby,

Appears in 2 contracts

Samples: Prime Group Realty Trust, Prime Group Realty Trust

AutoNDA by SimpleDocs

Supplemental Indentures with Consent of Holders. Except as may otherwise be provided pursuant to Section 3.01 3.1 for all or any specific Securities of any series or Guarantees thereof, with the consent of the Holders of a majority in principal amount (including consents obtained in connection with a purchase of, or tender offer or exchange offer for, Securities) of the Outstanding Securities of all series affected by such supplemental indenture (considered together as one class for this purpose and such affected Securities potentially being Securities of the same or different series and, with respect to any series, potentially comprising fewer than all the Securities of such series), by Act of said Holders delivered to the Company and the Trustee, the Company, when authorized by a Board Resolution, each of the Guarantors when authorized by a Guarantor’s Board Resolution of such Guarantor, and the Trustee may enter into an indenture or indentures supplemental hereto for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture or of modifying in any manner the rights of the Holders of Securities of such series under this Indenture or any Guarantees of such Securities; provided, however, that no such supplemental indenture shall, without the consent of the Holder of each Outstanding Security affected thereby (including consents obtained in connection with a purchase of, or tender offer or exchange offer for, Securities),

Appears in 1 contract

Samples: Indenture (Clarksburg Skylark, LLC)

Supplemental Indentures with Consent of Holders. Except as may otherwise be provided pursuant to Section 3.01 301 for all or any specific Securities of any series or Guarantees thereof, with the consent of the Holders of a majority in principal amount (including consents obtained in connection with a purchase of, or tender offer or exchange offer for, Securities) of the Outstanding Securities of all series affected by such supplemental indenture (considered together as one class for this purpose and such affected Securities potentially being Securities of the same or different series and, with respect to any series, potentially comprising fewer than all the Securities of such series), by Act of said Holders delivered to the Company Issuers and the Trustee, the CompanyIssuers, when authorized by a Board ResolutionResolution of each Issuer, each of the Guarantors when authorized by a Guarantor’s Board Resolution of such Guarantor, and the Trustee may enter into an indenture or indentures supplemental hereto for the purpose of adding any provisions to or changing in any manner or 42 eliminating any of the provisions of this Indenture or of modifying in any manner the rights of the Holders of Securities of such series under this Indenture or any Guarantees of such Securities; provided, however, that no such supplemental indenture shall, without the consent of the Holder of each Outstanding Security affected thereby (including consents obtained in connection with a purchase of, or tender offer or exchange offer for, Securities),

Appears in 1 contract

Samples: Western Gas Partners LP

Supplemental Indentures with Consent of Holders. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series or Guarantees thereof, with With the consent of the Holders of a majority not less than 66% in principal amount (including consents obtained in connection with a purchase of, or tender offer or exchange offer for, Securities) of the Outstanding Debt Securities of all each series affected by such supplemental indenture (considered together as one class for this purpose and such affected Securities potentially being Securities of the same or different series and, with respect to any series, potentially comprising fewer than all the Securities of such series)indenture, by Act of said Holders delivered to the Company and the Trustee, the Company, when authorized by a Board Resolution, each of the Guarantors when authorized by a Guarantor’s Board Resolution of such Guarantor, and the Trustee may enter into an indenture or indentures supplemental hereto for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture or of modifying in any manner the rights of the Holders under this Indenture of such Debt Securities of such series under this Indenture or and any Guarantees of such Securitiesrelated coupons; provided, however, that an indenture supplemental hereto which changes the required ownership set forth in the definition of Controlled Subsidiary in Section 1.1 hereof from 80% to a majority but does not change any other provision of this Indenture or modify in any other manner the rights of the Holders of all the Debt Securities under this Indenture may be entered into with the consent of the Holders of at least a majority in principal amount of the Outstanding Debt Securities of each series; and provided, further, that no such supplemental indenture shall, without the consent of the Holder of each Outstanding Debt Security or coupon affected thereby (including consents obtained in connection with a purchase of, or tender offer or exchange offer for, Securities)thereby,

Appears in 1 contract

Samples: Indenture (Sovereign Capital Trust V)

Supplemental Indentures with Consent of Holders. Except The first paragraph of Section 9.02 of the Indenture is hereby amended and restated as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series or Guarantees thereof, with follows: “With the consent of the Holders of not less than a majority in aggregate principal amount of all the Outstanding Securities affected by such supplemental indenture (including including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Securities) of the Outstanding Securities of all series affected by such supplemental indenture (considered together as one class for this purpose and such affected Securities potentially being Securities of the same or different series and, with respect to any series, potentially comprising fewer than all the Securities of such series), by Act of said Holders delivered to the Company and the Trustee, the Company, when authorized by a Board Resolution, each of and the Guarantors Trustee, when authorized requested by a Guarantor’s Board Resolution of such GuarantorCompany Request, and the Trustee may enter into an indenture or indentures supplemental hereto or amend this Indenture for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture and, subject to Section 5.13, any past default or compliance with any provisions of modifying in any manner this Indenture with respect to a particular series of Securities may be waived with the rights written consent of the Holders of a majority in principal amount of the Outstanding Securities of such series under this Indenture or any Guarantees of such Securities; provided, however, that no such supplemental indenture shall(including, without the consent of the Holder of each Outstanding Security affected thereby (including limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Securities) of such series (such series voting as a single class). However, no such supplemental indenture, amendment or waiver shall, without the consent of the Holder of each Outstanding Security affected thereby,

Appears in 1 contract

Samples: Third Supplemental Indenture (Albemarle Corp)

Supplemental Indentures with Consent of Holders. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series or Guarantees thereof, with With the consent of the Holders of not less than a majority in principal amount (including consents obtained in connection with a purchase of, or tender offer or exchange offer for, Securities) of the Outstanding Securities of all each series affected by such supplemental indenture (considered together and, in the case of any series of Securities held as one class for this purpose and assets of a PartnerRe Trust, such affected Securities potentially being Securities consent of holders of the same or different series and, with respect to any series, potentially comprising fewer than all Preferred Securities and the Common Securities of such seriesPartnerRe Trust as may be required under the Trust Agreement of such PartnerRe Trust), by Act of said Holders delivered to the Company and the Trustee, the Company, Company (when authorized by or pursuant to a Company's Board Resolution), each of the Guarantors Guarantor (when authorized by pursuant to a Guarantor’s Board Resolution of such the Guarantor, 's Board of Directors) and the Trustee may enter into an indenture or indentures supplemental hereto for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture or of modifying in any manner the rights of the Holders of Securities of such series under this Indenture or any Guarantees of the Securities of such Securitiesseries; provided, however, that no such supplemental indenture shallindenture, without the consent of the Holder of each Outstanding Security affected thereby (including consents obtained in connection with a purchase ofthereby, or tender offer or exchange offer for, Securities),shall

Appears in 1 contract

Samples: Partnerre LTD

Supplemental Indentures with Consent of Holders. Except as may otherwise be provided pursuant Section 9.02 of the Base Indenture shall not apply with respect to the Notes, and this Section 8.02 shall replace Section 9.02 of the Base Indenture in its entirety, with respect to the Notes. With respect to the Notes, references in the Base Indenture to Section 3.01 for all or any specific Securities 9.02 of any series or Guarantees thereof, the Base Indenture are deemed replaced with references to Section 8.02 hereof. With the consent of the Holders of not less than a majority in principal amount of the Notes then Outstanding (whether or not part of a Unit) affected by such supplemental indenture, including without limitation, consents obtained in connection with a purchase repurchase of, or tender offer or exchange offer for, Securities) of the Outstanding Securities of all series affected by such supplemental indenture (considered together as one class for this purpose Units and/or Separate Notes and such affected Securities potentially being Securities of the same or different series and, with respect to any series, potentially comprising fewer than all the Securities of such series), by Act of said Holders delivered to the Company and the Trustee, the Company, when authorized by a Board Resolution, each of the Guarantors when authorized by a Guarantor’s Board Resolution of such Guarantor, and the Trustee may enter into an indenture or indentures supplemental hereto for the purpose of adding any provisions to or to, changing in any manner or eliminating any of, or waiving compliance to any of the provisions of this the Indenture or of modifying in any manner the rights of the Holders of Securities of such series under this the Indenture or any Guarantees of such Securitiesand the Notes; provided, however, that no such supplemental indenture shall, without the consent of the each Holder of each the Notes then Outstanding Security (whether or not part of a Unit) affected thereby (including consents obtained in connection with a purchase of, or tender offer or exchange offer for, Securities),thereby:

Appears in 1 contract

Samples: Supplemental Indenture (Post Holdings, Inc.)

Supplemental Indentures with Consent of Holders. Except as may otherwise be provided pursuant to Section 3.01 301 for all or any specific Securities of any series [if applicable, insert — or Guarantees thereof], with the consent of the Holders of a majority in principal amount (including consents obtained in connection with a purchase of, or tender offer or exchange offer for, Securities) of the Outstanding Securities of all series affected by such supplemental indenture (considered together as one class for this purpose and such affected Securities potentially being Securities of the same or different series and, with respect to any series, potentially comprising fewer than all the Securities of such series), by Act of said Holders delivered to the Company and the Trustee, the Company, when authorized by a Board ResolutionResolution [if applicable, insert — , each of the Guarantors Guarantors, when authorized by a Guarantor’s Board Resolution of such Guarantor], and the Trustee may enter into an indenture or indentures supplemental hereto for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture or of modifying in any manner the rights of the Holders of Securities of such series under this Indenture [if applicable, insert — or any Guarantees of such Securities]; provided, however, that no such supplemental indenture shall, without the consent of the Holder of each Outstanding Security affected thereby (including consents obtained in connection with a purchase of, or tender offer or exchange offer for, Securities),

Appears in 1 contract

Samples: Indenture (Burleson Water Resources, LLC)

Supplemental Indentures with Consent of Holders. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series or Guarantees thereof, with With the consent of the Holders of not less than a majority in principal amount (including consents obtained in connection with a purchase of, or tender offer or exchange offer for, Securities) of the Outstanding Securities of all each series affected by such supplemental indenture (considered together and, in the case of any series of Securities held as one class for this purpose and assets of a PartnerRe Trust, such affected Securities potentially being Securities consent of holders of the same or different series and, with respect to any series, potentially comprising fewer than all Preferred Securities and the Common Securities of such seriesPartnerRe Trust as may be required under the Trust Agreement of such PartnerRe Trust), by Act of said Holders delivered to the Company and the Trustee, the Company, Company (when authorized by or pursuant to a Company’s Board Resolution), the Guarantor (when authorized pursuant to a Board Resolution, each Resolution of the Guarantors when authorized by a Guarantor’s Board Resolution of such Guarantor, Directors) and the Trustee may enter into an indenture or indentures supplemental hereto for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture or of modifying in any manner the rights of the Holders of Securities of such series under this Indenture or any Guarantees of the Securities of such Securitiesseries; provided, however, that no such supplemental indenture shallindenture, without the consent of the Holder of each Outstanding Security affected thereby (including consents obtained in connection with a purchase ofthereby, or tender offer or exchange offer for, Securities),shall

Appears in 1 contract

Samples: Junior Subordinated Indenture (Partnerre LTD)

Supplemental Indentures with Consent of Holders. Except as may otherwise be provided pursuant Subject always to Section 3.01 for all or any specific Securities of any series or Guarantees thereof9.07 below, with the consent of the Holders of a majority not less than 2/3 (two thirds) in aggregate principal amount (including consents obtained in connection with a purchase of, or tender offer or exchange offer for, Securities) of the Outstanding Subordinated Debt Securities of all each series affected by such supplemental indenture Subordinated Debt Securities Indenture (considered together voting as one class for this purpose and such affected Securities potentially being Securities of the same or different series and, with respect to any series, potentially comprising fewer than all the Securities of such seriesa class), by Act of said Holders delivered to the Company Company, the Guarantor and the Trustee, the CompanyCompany and the Guarantor, when authorized by a Board Resolution or a Guarantor Board Resolution, each of as the Guarantors when authorized by a Guarantor’s Board Resolution of such Guarantorcase may be, and the Trustee may enter into an indenture or indentures supplemental hereto for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Subordinated Debt Securities Indenture or of modifying in any manner the rights of the Holders of Subordinated Debt Securities of such series under this Indenture or any Guarantees of such SecuritiesSubordinated Debt Securities Indenture; provided, however, that no such supplemental indenture shallmay, without the consent of the Holder of each Outstanding Subordinated Debt Security affected thereby (including consents obtained in connection with a purchase of, or tender offer or exchange offer for, Securities)thereby,

Appears in 1 contract

Samples: Lloyds TSB Bank PLC

Supplemental Indentures with Consent of Holders. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series or Guarantees thereof, with With the consent of the Holders of not less than a majority in principal amount (including consents obtained in connection with a purchase of, or tender offer or exchange offer for, Securities) of the Outstanding Securities of all each series affected by such supplemental indenture (considered together and, in the case of any series of Securities held as one class for this purpose and assets of a Trenwick Trust, such affected Securities potentially being Securities consent of holders of the same or different series and, with respect to any series, potentially comprising fewer than all Preferred Securities and the Common Securities of such seriesTrenwick Trust as may be required under the Trust Agreement of such Trenwick Trust), by Act of said Holders delivered to the Company Company, the Guarantor and the Trustee, the Company, Company (when authorized by or pursuant to a Company's Board Resolution), each of the Guarantors Guarantor (when authorized by or pursuant to a Guarantor’s 's Board Resolution of such Guarantor, Resolution) and the Trustee may enter into an indenture or indentures supplemental hereto for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture or of modifying in any manner the rights of the Holders of Securities of such series under this Indenture or any Guarantees of the Securities of such Securitiesseries; provided, however, that no such supplemental indenture shallindenture, without the consent of the Holder of each Outstanding Security affected thereby (including consents obtained in connection with a purchase ofthereby, or tender offer or exchange offer for, Securities),shall

Appears in 1 contract

Samples: Trenwick America Capital Trust Iii

Supplemental Indentures with Consent of Holders. Except The first paragraph of Section 9.02 of the Indenture is hereby amended and restated as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series or Guarantees thereof, with follows: “With the consent of the Holders of not less than a majority in aggregate principal amount of the Outstanding Securities affected by such supplemental indenture (including including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Securities) of the Outstanding Securities of all series affected by such supplemental indenture (considered together as one class for this purpose and such affected Securities potentially being Securities of the same or different series and, with respect to any series, potentially comprising fewer than all the Securities of such series), by Act of said Holders delivered to the Company and the Trustee, the Company, when authorized by a Board Resolution, each of and the Guarantors Trustee, when authorized requested by a Guarantor’s Board Resolution of such GuarantorCompany Request, and the Trustee may enter into an indenture or indentures supplemental hereto or amend this Indenture for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture and, subject to Section 5.13, any past default or compliance with any provisions of modifying in any manner this Indenture with respect to a particular series of Securities may be waived with the rights written consent of the Holders of a majority in principal amount of the Outstanding Securities of such series under this Indenture or any Guarantees of such Securities; provided, however, that no such supplemental indenture shall(including, without the consent of the Holder of each Outstanding Security affected thereby (including limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Securities) of such series (such series voting as a single class). However, no such supplemental indenture, amendment or waiver shall, without the consent of the Holder of each Outstanding Security affected thereby,

Appears in 1 contract

Samples: Albemarle Holdings II Corp

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!