SUPPLEMENTAL INDENTURES WITHOUT. CONSENT OF NOTEHOLDERS 45 SECTION 9.02. SUPPLEMENTAL INDENTURES WITH CONSENT OF NOTEHOLDERS 46 SECTION 9.03. EXECUTION OF SUPPLEMENTAL INDENTURES 47 SECTION 9.04. EFFECT OF SUPPLEMENTAL INDENTURE 47 SECTION 9.05. CONFORMITY WITH TRUST INDENTURE ACT 47 SECTION 9.06. REFERENCE IN NOTES TO SUPPLEMENTAL INDENTURES 47 ARTICLE TEN REDEMPTION OF NOTES 48 SECTION 10.01. REDEMPTION 48 SECTION 10.02. FORM OF REDEMPTION NOTICE 48 SECTION 10.03. NOTES PAYABLE ON REDEMPTION DATE 49 ARTICLE ELEVEN MISCELLANEOUS 49
SUPPLEMENTAL INDENTURES WITHOUT the Consent of Securityholders 35 SECTION 9.02 Supplemental Indentures With Consent of Securityholders 37 SECTION 9.03 Effect of Supplemental Indentures 37 SECTION 9.04 Securities Affected by Supplemental Indentures 37 SECTION 9.05 Execution of Supplemental Indentures 38
SUPPLEMENTAL INDENTURES WITHOUT. The Consent Of Securityholders 27 Section 9.02 Supplemental Indentures With Consent Of Securityholders 27 Section 9.03 Effect Of Supplemental Indentures 28 Section 9.04 Securities Affected By Supplemental Indentures 28 Section 9.05 Execution Of Supplemental Indentures 28 ARTICLE 10 SUCCESSOR ENTITY 29 Section 10.01 Company May Consolidate, Etc. 29 Section 10.02 Successor Entity Substituted 29 ARTICLE 11 SATISFACTION AND DISCHARGE 29 Section 11.01 Satisfaction And Discharge Of Indenture 29 Section 11.02 Discharge Of Obligations 30 Section 11.03 Deposited Moneys To Be Held In Trust 30 Section 11.04 Payment Of Moneys Held By Paying Agents 30 Section 11.05 Repayment To Company 30 ARTICLE 12 IMMUNITY OF INCORPORATORS, STOCKHOLDERS, OFFICERS AND DIRECTORS 31 Section 12.01 No Recourse 31 Page ARTICLE 13 MISCELLANEOUS PROVISIONS 31 Section 13.01 Effect On Successors And Assigns 31 Section 13.02 Actions By Successor 31 Section 13.03 Surrender Of Company Powers 31 Section 13.04 Notices 31 Section 13.05 Governing Law 32 Section 13.06 Treatment Of Securities As Debt 32 Section 13.07 Certificates And Opinions As To Conditions Precedent 32 Section 13.08 Payments On Business Days 32 Section 13.09 Conflict With Trust Indenture Act 32 Section 13.10 Counterparts 32 Section 13.11 Separability 33 Section 13.12 Compliance Certificates 33
SUPPLEMENTAL INDENTURES WITHOUT the Consent of ---------------------------------------------- Securityholders. ---------------- In addition to any supplemental indenture otherwise authorized by this Indenture, the Company 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), without the consent of the Securityholders, for one or more of the following purposes:
SUPPLEMENTAL INDENTURES WITHOUT. The Consent of 45 Debenture Holders Section 11.2 Supplemental Indentures With Consent of Debenture 46 Holders Section 11.3 Effect of Supplemental Indentures 46 Section 11.4 Debentures Affected by Supplemental Indentures 47 Section 11.5 Execution of Supplemental Indentures 47 ARTICLE XII SUCCESSOR CORPORATION 47
SUPPLEMENTAL INDENTURES WITHOUT. Consent Of Holders 44 Section 9.02 Supplemental Indentures with Consent of Holders. 45 Section 9.03 Execution of Supplemental Indentures 46 Section 9.04 Effect of Supplemental Indentures 46 Section 9.05 Conformity with Trust Indenture Act 46 Section 9.06 Reference in Securities to Supplemental Indentures 47 ARTICLE X COVENANTS Section 10.01 Payments 47 Section 10.02 Maintenance of Office or Agency 47 Section 10.03 Money for Security Payments to be Held in Trust 48 Section 10.04 Statement by Officers as to Default 49 Section 10.05 Existence 49 Section 10.06 Resale of Certain Securities 49 Section 10.07 Book-Entry System 49 Section 10.08 Company to Furnish Trustee and Co-Trustee Names and Addresses of Holders 49 Section 10.09 Reports by Company and Delivery of Certain Information 50 Section 10.10 Payment of Additional Amounts 51 Section 10.11 Additional Interest Amount 52 Section 10.12 Information for IRS Filings 53 Section 10.13 Further Instruments and Acts 53 EXECUTION VERSION
SUPPLEMENTAL INDENTURES WITHOUT. Consent Of Noteholders................................61 Section 12.02 Supplemental Indentures With Consent Of Noteholders........................................62 Section 12.03 Compliance With Trust Indenture Act; Effect Of Supplemental Indentures.....................64 Section 12.04 Notation On Notes.....................................64 Section 12.05 Evidence Of Compliance Of Supplemental Indenture To Be Furnished Trustee.....................64
SUPPLEMENTAL INDENTURES WITHOUT. Consent of Holders. ------------------ Without the consent of any Holders, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental hereto, in form satisfactory to the Trustee, for any of the following purposes:
SUPPLEMENTAL INDENTURES WITHOUT. CONSENT OF ------------------------------------------ SECURITYHOLDERS. The Issuer, when authorized by a resolution of its Board of --------------- Directors (which resolution may provide general terms or parameters for such action and may provide that the specific terms of such action may be determined in accordance with or pursuant to an Issuer Order), and the Trustee may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes:
SUPPLEMENTAL INDENTURES WITHOUT the Consent of Holders of Notes. (a) Subject to Section 8.3 and Section 8.6, with the consent of the Collateral Manager and without obtaining the consent of any Holders of the Notes (except any consent expressly required below) or any Hedge Counterparty, the Co-Issuers and the Trustee, when authorized by Resolutions, at any time and from time to time, may, without an Opinion of Counsel or Officer’s certificate being provided to the Co-Issuers or the Trustee as to whether or not any Class of Notes would be materially and adversely affected thereby (except to the extent specified below) enter into one or more indentures supplemental hereto, in form satisfactory to the Trustee, for any of the following purposes: (i) to evidence the succession of another Person to the Issuer or the Co-Issuer and the assumption by any such successor Person of the covenants of the Issuer or the Co- Issuer herein and in the Notes; (ii) to add to the covenants of the Co-Issuers or the Trustee for the benefit of the Secured Parties; (iii) to convey, transfer, assign, mortgage or pledge any property to or with the Trustee or add to the conditions, limitations or restrictions on the authorized amount, terms and purposes of the issue, authentication and delivery of the Notes; (iv) to evidence and provide for the acceptance of appointment hereunder by a successor Trustee and to add to or change any of the provisions of this Indenture as are necessary to facilitate the administration of the trusts hereunder by more than one Trustee, pursuant to the requirements of Sections 6.9, 6.10 and 6.12; (v) to correct or amplify the description of any property at any time subject to the lien of this Indenture, or to better assure, convey and confirm unto the Trustee any property subject or required to be subjected to the lien of this Indenture (including, without limitation, any and all actions necessary or desirable as a result of changes in law or -195- USActive 55852351.8 regulations, whether pursuant to Section 7.5 or otherwise) or to subject to the lien of this Indenture any additional property; (vi) to modify the restrictions on and procedures for resales and other transfers of Notes to reflect any changes in ERISA or other applicable law or regulation (or the interpretation thereof) or the implementation or adoption of new law or regulation or to enable the Co-Issuers to rely upon any exemption from ERISA or registration under the Securities Act or the Investment Company Act or to remove re...
