Supplemental Indentures Without Consent of Holders of Notes. (a) Without the consent of any Holders (except any consent required by clause (iii) or (vi) below), but only with the prior written consent of the Collateral Manager, the Issuer and the Trustee, at any time and from time to time may, with an Opinion of Counsel (which may be based on an Officer’s certificate provided by the Issuer or the Collateral Manager on behalf of the Issuer) being provided to the Issuer or the Trustee that the Holders of the Notes would not be materially and adversely affected thereby (except in the case of clause (iii) or (vi) below for which no such Opinion of Counsel shall be required), enter into one or more indentures supplemental hereto, in form reasonably satisfactory to the Trustee, for any of the following purposes:
(i) to evidence the succession of another Person to the Issuer and the assumption by any such successor Person of the covenants of the Issuer herein and in the Notes;
(ii) to add to the covenants of the Issuer 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, provided that, if the Holders would be materially and adversely affected by such supplemental indenture entered into pursuant to this clause (iii), the consent to such supplemental indenture has been obtained from each Holder;
(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 shall be 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 hereof;
(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 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)...
Supplemental Indentures Without Consent of Holders of Notes. For the purposes of the Base Indenture and this First Supplemental Indenture, no amendment to cure any ambiguity, defect or inconsistency in this First Supplemental Indenture, the Base Indenture or the Notes made solely to conform this First Supplemental Indenture, the Base Indenture or the Notes to the Description of the Notes contained in the Company’s offering memorandum dated June 17, 2019, to the extent that such provision in the Description of the Notes was intended to be a verbatim recitation of a provision of this First Supplemental Indenture, the Base Indenture or the Notes, shall be deemed to adversely affect the interests of the Holders of any Notes.
Supplemental Indentures Without Consent of Holders of Notes. As set forth in Section 11.01 of the Base Indenture, the Company and the Trustee may from time to time and at any time enter into an indenture or indentures supplemental to the Indenture for the purpose of adding certain provisions or changing certain provisions of the Base Indenture or this Supplemental Indenture No. 1 without the consent of the Holders of the Notes. Solely with respect to the Notes, in addition to clauses (a) through (h) of Section 11.01 of the Base Indenture, the Company and the Trustee may enter into a supplemental indenture to modify the terms of the Notes (x) to cure any ambiguity or correct any inconsistency, including any amendment made solely to conform the provisions of this Supplemental Indenture No. 1 to the “Description of the Notes” contained in the prospectus supplement related to the offering of the Corporate Units of which the Notes initially formed a part, and (y) in connection with the Remarketing, in each case to be effective on and after the Remarketing Settlement Date to provide for any of the modifications contemplated by Section 8.06; provided that the Notes may not mature earlier than March 31, 2014; provided further that in the case of clause (y) above, that notice of such modification of the terms must be provided to Holders and prospective purchasers of the Notes prior to such time (which notice, if applicable, may be in the form of the prospectus used for the Remarketing of the Notes delivered to the Holders of the Notes).
Supplemental Indentures Without Consent of Holders of Notes. As set forth in Section 13.01 of the Base Indenture, the Company and the Trustee may from time to time and at any time enter into an indenture or indentures supplemental hereto or to the Base Indenture for the purpose of adding certain provisions or changing certain provisions of the Base Indenture or this Supplemental Indenture No. 1 without the consent of the Holders of the Notes. Solely with respect to the Notes, in addition to clauses (1) through (9) of Section 13.01(a) of the Base Indenture, the Company and the Trustee may enter into a supplemental indenture to modify the terms of the Notes (x) to amend the Indenture solely to conform the provisions thereof to the
Supplemental Indentures Without Consent of Holders of Notes. For the purposes of the Base Indenture and this First Supplemental Indenture, no amendment to cure any ambiguity, defect or inconsistency in this First Supplemental Indenture, the Base Indenture or the Notes made solely to conform this First Supplemental Indenture, the Base Indenture or the Notes to the Description of the Notes contained in the Company’s offering memorandum dated June 3, 2021, shall be deemed to adversely affect the interests of the Holders of any Notes.
Supplemental Indentures Without Consent of Holders of Notes. For the purposes of the Base Indenture and this First Supplemental Indenture, no amendment to cure any ambiguity, defect or inconsistency in this First Supplemental Indenture, the Base Indenture or the Notes made solely to conform this First Supplemental Indenture, the Base Indenture or the Notes to the Description of the Notes contained in the Company’s offering memorandum dated June 10, 2020, shall be deemed to adversely affect the interests of the Holders of any Notes.
Supplemental Indentures Without Consent of Holders of Notes. As set forth in Section 11.01 of the Base Indenture, the Company and the Trustee may from time to time and at any time enter into an indenture or indentures supplemental to the Indenture for the purpose of adding certain provisions or changing certain provisions of the Original Indenture or this Supplemental Indenture No. 2 without the consent of the Holders of the Notes. Solely with respect to the Notes, in addition to clauses (a) through (h) of Section 11.01 of the Base Indenture, the Company and the Trustee may enter into a supplemental indenture to modify the terms of the Notes (x) to cure any ambiguity or correct any inconsistency, including any amendment made solely to conform the provisions of this Supplemental Indenture No. 2 to the “Description of the Remarketed Notes” contained in the prospectus supplement related to the offering of the Notes, and (y) to secure the Notes in accordance with the provisions of Section 5.01 of this Supplemental Indenture No. 2.
Supplemental Indentures Without Consent of Holders of Notes. For the purposes of the Base Indenture and this Fourth Supplemental Indenture, no amendment to cure any ambiguity, defect or inconsistency in this Fourth Supplemental Indenture, the Base Indenture or the Notes made solely to conform this Fourth Supplemental Indenture, the Base Indenture or the Notes to the Description of the Notes contained in the Company’s offering memorandum dated May 16, 2023, shall be deemed to adversely affect the interests of the Holders of any Notes.
Supplemental Indentures Without Consent of Holders of Notes. 31
Section 9.1. Execution as Supplemental Indenture. 34 Section 9.2. Not Responsible for Recitals or Issuance of Notes. 34 Section 9.3. Separability Clause. 34 Section 9.4. Successors and Assigns. 34 Section 9.5. Execution and Counterparts. 35 Section 9.6. Governing Law. 35 This First Supplemental Indenture, dated as of March 30, 2017 (the “First Supplemental Indenture”), among KKR Financial Holdings LLC, a limited liability company duly organized and existing under the laws of the State of Delaware, having its principal office at 000 Xxxxxxxxxx Xxxxxx, 00xx Xxxxx, Xxx Xxxxxxxxx, Xxxxxxxxxx 00000 (the “Company) and The Bank of New York Mellon Trust Company, N.A., as Trustee under the Base Indenture (as hereinafter defined) and hereunder (the “Trustee”), supplements that certain Indenture, dated as of March 30, 2017, among the Company and the Trustee (the “Base Indenture” and subject to Section 1.3 hereof, together with this First Supplemental Indenture, the “Indenture”).
Supplemental Indentures Without Consent of Holders of Notes. Without the consent of the Holders of any Notes and, in the case of any supplemental indenture that affects the obligations or rights of the Collateral Manager in any manner (including, without limitation, (x) modifying the restrictions on the acquisition and disposition of Collateral Obligations or the definition of "Collateral Obligation," (y) expanding or restricting the Collateral Manager's discretion or (z) affecting the amount or priority of any fees or other amounts payable to the Collateral Manager in any manner), with the writtenbut with the consent of the Collateral Manager and, except as provided in Section 8.3, without an Opinion of Counsel being provided to the Issuer or the Trustee as to whether any Class of Notes would be materially and adversely affected thereby, the Co-Issuers, when authorized by Board Resolutions, and the Trustee, at any time and from time to time subject to Section 8.3, may enter into one or more indentures supplemental hereto, in form satisfactory to the Trustee, for any of the following purposes:
