Common use of Supplemental Indentures Without Consent of Holders Clause in Contracts

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 supplemental indentures, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, or elimination (i) shall neither (A) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstanding; or (6) to secure the Securities; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or (8) to evidence and provide for the acceptance of appointment under this Indenture by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture by more than one Trustee, pursuant to the requirements of Section 6.11(b); or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistake, defect or inconsistency; or (11) to make any change, provided that such change shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 23 contracts

Samples: Indenture (Independent Bank Corp), Indenture (Independent Bank Corp), Indenture (Valley National Bancorp)

AutoNDA by SimpleDocs

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 indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or; (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or; (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); orDefault; (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or; (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify adversely affect the rights of the Holder of any such Security with in any material respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or; (6) to secure the Securities; or; (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 2.01 and 3.1; or3.01; (8) to comply with Section 8.01; (9) to permit or facilitate the issuance of uncertificated Securities in addition to or in place of certificated Securities; (10) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b); or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act6.07; (1011) to make provisions with respect to the conversion rights of Holders pursuant to the requirements of Article XIV; (12) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this clause (12) shall not adversely affect the interests of the Holders of Securities of any series in any material respect; (13) to conform any provision of this Indenture to the “Description of Debt Securities” contained in the Prospectus or any similar provision contained in any supplement to the Prospectus relating to an offering of debt securities under this Indenture; or (14) to comply with any requirements of the Trust Indenture Act of the requirements of the Commission in connection with maintaining the qualification of this Indenture under the Trust Indenture Act.

Appears in 19 contracts

Samples: Indenture (FMC Corp), Indenture (FMC Corp), Indenture (FMC Corp)

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 indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1a) to evidence the succession of another Person to the Company under this Indenture and the Securities and the assumption by any such successor of the covenants obligations of the Company in this Indenture and in the Securities; orhereunder; (2b) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; orCompany with regard to all or any series of Securities (and if any such surrender is to be made with regard to less than all series of Securities, stating that such surrender is expressly being made solely with regard to such series); (3c) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or; (4d) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or; (5e) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one all or more any series of Securities (and if such addition, change or elimination is to apply to less than all series of Securities, stating that it is expressly being made to apply solely with respect to such series), provided that any such addition, change, change or elimination (i1) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (ii2) shall become effective only when there is no such Security Outstanding; or; (6f) to secure the Securities or any guarantee with respect to any Securities; or; (7g) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; orhereunder; (8) h) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b); or6.11; (9i) to comply cure any ambiguity, to correct or supplement any provision herein which may be defective or inconsistent with any requirements other provision herein, or to make any other provisions with respect to matters or questions arising under this Indenture, provided that such action pursuant to this Clause (i) shall not adversely affect the interests of the Commission Holders of any Securities in connection any material respect; (j) to add one or more guarantors with qualifying respect to the Securities as parties to the Indenture or to release guarantors in accordance with the provisions of any supplemental indenture; (k) to qualify this Indenture under the Trust Indenture Act; (10l) to cure supplement any ambiguity, mistake, defect provisions of this Indenture necessary to permit or inconsistency; or (11) to make facilitate the defeasance and discharge of any changeseries of Securities, provided that such change shall action does not adversely affect the interests of the Holders of Securities of such series or any series in other series; or (m) to comply with the rules or regulations of any material respectsecurities exchange or automated quotation system on which any of the Securities may be listed or traded.

Appears in 18 contracts

Samples: Indenture (Eplus Inc), Indenture (Pioneer Energy Services Corp), Indenture (RigNet, Inc.)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, Company and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1a) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities, all as provided in Article Eleven; or (2b) to add to the one or more covenants of the Company or other provisions for the benefit of all Holders or for the benefit of the Holders of, or to remain in effect only so long as there shall be Outstanding, Securities of all one or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securitiesmore specified series, stating that such covenants are expressly being included solely for the benefit of such series) or one or more specified Tranches thereof, or to surrender any right or power herein conferred in this Indenture upon the Company; or (3c) to add any additional Events of Default for the benefit of the Holders of with respect to all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series)Outstanding hereunder; or (4d) to add to change or change eliminate any of the provisions provision of this Indenture or to add any new provision to this Indenture; provided, however, that if such extent as change, elimination or addition shall be necessary to permit or facilitate adversely affect the issuance interests of the Holders of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, or elimination (i) shall neither (A) apply to any Security of any series created prior to or Tranche Outstanding on the execution date of such indenture supplemental indenture and entitled to the benefit of hereto in any material respect, such provision nor (B) modify the rights of the Holder of any such Security change, elimination or addition shall become effective with respect to such provision series or (ii) shall become effective Tranche only pursuant to the provisions of Section 1202 hereof or when there is no Security of such Security series or Tranche remains Outstanding; or (6e) to secure provide collateral security for all but not part of the Securities; or (7f) to establish the form or forms or terms of Securities of any series or Tranche as permitted contemplated by Sections 2.1 201 and 3.1301; or (8) g) to provide for the authentication and delivery of bearer securities and coupons appertaining thereto representing interest, if any, thereon and for the procedures for the registration, exchange and replacement thereof and for the giving of notice to, and the solicitation of the vote or consent of, the holders thereof, and for any and all other matters incidental thereto; or (h) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a separate or successor Trustee or co-trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b911(b); or (9i) to comply with provide for the procedures required to permit the Company to utilize, at its option, a noncertificated system of registration for all, or any requirements series or Tranche of, the Securities; or (j) to change any place or places where (1) the principal of and premium, if any, and interest, if any, on all or any series of Securities, or any Tranche thereof, shall be payable, (2) all or any series of Securities, or any Tranche thereof, may be surrendered for registration of transfer, (3) all or any series of Securities, or any Tranche thereof, may be surrendered for exchange and (4) notices and demands to or upon the Commission Company in connection with qualifying respect of all or any series of Securities, or any Tranche thereof, and this Indenture under the Trust Indenture Act;may be served; or (10k) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother changes to the provisions hereof or to add other provisions with respect to matters or questions arising under this Indenture, provided that such change other changes or additions shall not adversely affect the interests of the Holders of Securities of any series or Tranche in any material respect.. Without limiting the generality of the foregoing, if the Trust Indenture Act as in effect at the date of the execution and delivery of this Indenture or at any time thereafter shall be amended and

Appears in 17 contracts

Samples: Indenture (Texas Utilities Co /Tx/), Indenture (For Unsecured Debt Securities) (Texas Utilities Electric Co), Indenture (Txu Capital Iv)

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 indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1a) to evidence the succession of another Person to the Company under this Indenture and the Securities and the assumption by any such successor of the covenants obligations of the Company in this Indenture and in the Securities; orhereunder; (2b) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; orCompany with regard to all or any series of Securities (and if any such surrender is to be made with regard to less than all series of Securities, stating that such surrender is expressly being made solely with regard to such series); (3c) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or; (4d) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or; (5e) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one all or more any series of Securities (and if such addition, change or elimination is to apply to less than all series of Securities, stating that it is expressly being made to apply solely with respect to such series), provided that any such addition, change, change or elimination (i1) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (ii2) shall become effective only when there is no such Security Outstanding; or; (6f) to secure the Securities or any guarantee with respect to any Securities; or; (7g) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; orhereunder; (8) h) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b); or6.11; (9i) to comply cure any ambiguity, to correct or supplement any provision herein which may be defective or inconsistent with any requirements other provision herein, or to make any other provisions with respect to matters or questions arising under this Indenture, provided that such action pursuant to this Clause (i) shall not adversely affect the interests of the Commission Holders of any Securities in connection any material respect; (j) to add one or more guarantors with qualifying respect to the Securities as parties to the Indenture or to release guarantors in accordance with the provisions of any supplemental indenture; (k) to qualify this Indenture under the Trust Indenture Act; (10l) to cure supplement any ambiguity, mistake, defect provisions of this Indenture necessary to permit or inconsistency; or (11) to make facilitate the defeasance and discharge of any changeseries of Securities, provided that such change shall action does not adversely affect the interests of the Holders of Securities of such series or any series other series; (m) to comply with the rules or regulations of any securities exchange or automated quotation system on which any of the Securities may be listed or traded; or (n) to make any changes in Article XIV that would limit or terminate the benefits applicable to any material respectholder of Senior Indebtedness (or its Representatives) under Article XIV.

Appears in 14 contracts

Samples: Subordinated Indenture (Eplus Inc), Subordinated Indenture (Pioneer Energy Services Corp), Subordinated Indenture (Helix Energy Solutions Group Inc)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, Company and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1a) to evidence the succession of another Person to the Company under this Indenture and the Securities and the assumption by any such successor of the covenants obligations of the Company in this Indenture and in the Securities; orhereunder; (2b) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; orCompany with regard to all or any series of Securities (and if any such surrender is to be made with regard to less than all series of Securities, stating that such surrender is expressly being made solely with regard to such series); (3c) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or; (4d) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or; (5e) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one all or more any series of Securities (and if such addition, change or elimination is to apply to less than all series of Securities, stating that it is expressly being made to apply solely with respect to such series); provided that any such addition, change, change or elimination (i1) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (ii2) shall become effective only when there is no such Security Outstanding; or; (6f) to secure the Securities or any guarantee with respect to any Securities; or; (7g) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; orhereunder; (8) h) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b); or6.11; (9i) to comply cure any ambiguity or to correct or supplement any provision herein which may be defective or inconsistent with any requirements other provision herein; (j) to make any other provisions with respect to matters or questions arising under this Indenture, provided that such action pursuant to this Clause (j) shall not adversely affect the interests of the Commission Holders of any Securities of any Outstanding series in connection any material respect; (k) to add one or more guarantors with qualifying respect to the Securities as parties to this Indenture or to release guarantors in accordance with the provisions of any supplemental indenture; (l) to qualify this Indenture under the Trust Indenture Act; (10m) to cure supplement any ambiguity, mistake, defect provisions of this Indenture necessary to permit or inconsistencyfacilitate the defeasance and discharge of any series of Securities; or (11) to make any change, provided that such change shall action does not adversely affect the interests of the Holders of Securities of such series or any other series; (n) to comply with the rules or regulations of any securities exchange or automated quotation system on which any of the Securities may be listed or traded; (o) to comply with the rules of any applicable Depositary; (p) subject to any limitations established pursuant to Section 3.01, to provide for the issuance of additional Securities of any series; or (q) to conform any provision of this Indenture, any supplemental indenture, one or more series of Securities or any related guarantees or security documents, if any, to the description of such Securities contained in any material respectthe Company’s prospectus, prospectus supplement, offering memorandum or similar document with respect to the offering of the Securities of such series.

Appears in 13 contracts

Samples: Indenture (EyePoint Pharmaceuticals, Inc.), Indenture (Mind Medicine (MindMed) Inc.), Indenture (Madrigal Pharmaceuticals, Inc.)

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 indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) to convey, transfer, assign, mortgage or pledge any property to or with the Trustee or otherwise secure any series of the Securities or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of with respect to all or any series of the Securities (and and, if such additional Events Event of Default are is applicable to be for the benefit of less than all series of Securities, stating that specifying the series to which such additional Events Event of Default are expressly being included solely for the benefit of such seriesis applicable); or (4) to add change or eliminate any of the provisions of this Indenture, provided that any such change or elimination shall become effective only when there is no Security Outstanding of any series created prior to the execution of such supplemental indenture which is adversely affected by such change in or change elimination of such provision; or (5) to secure the Securities; or (6) to supplement any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance defeasance and discharge of any series of Securities pursuant to Section 401; provided, however, that any such action shall not adversely affect the interest of the Holders of Securities of such series or any other series of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, or elimination (i) shall neither (A) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstanding; or (6) to secure the Securitiesmaterial respect; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 201 and 3.1301; or (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b611(b); or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change other provisions as may be made shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 9 contracts

Samples: Indenture (Pennzoil Quaker State Co), Indenture (Pennzoil Products Co), Indenture (Noble Drilling Corp)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, The Corporation and the TrusteeTrustees, at any time and from time to time, without the consent of any Holders, may enter into one or more indentures supplemental indentureshereto, in form reasonably satisfactory to the TrusteeTrustees, for any of the following purposes: (1) to evidence the succession of another Person to the Company Corporation and the assumption by any such successor of the covenants of the Company in this Indenture Corporation herein and in the Securities; or (2) to add to the covenants of the Company Corporation or any other obligor for the benefit of the Holders of all or any series of Securities (Securities, and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) , or to surrender any right or power herein conferred in this Indenture upon the CompanyCorporation; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (Securities, and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, ; provided that any such addition, change, change or elimination elimination: (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or provision; and (iiB) shall become effective only when there is no such Security Outstanding; or (6) to secure the SecuritiesSecurities of any series or add guarantees with respect to the Securities of any series; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or (8) to effect or maintain, or otherwise comply with the requirements of the Commission in connection with the qualification of this Indenture under the Trust Indenture Act; or (9) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, multiple Trustees pursuant to the requirements of Section 6.11(b); or (9) to comply with any requirements 6.11 or the removal of one or more of the Commission in connection with qualifying this Indenture under the Trust Indenture ActTrustees pursuant to Section 6.10; (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any change, other provisions with respect to matters or questions arising under this Indenture; provided that such change action pursuant to this clause (10) shall not adversely affect the interests of Holders of Securities of any series in any material respect; (11) to conform the text of this Indenture or the terms of the Securities of any series to any corresponding provision of the prospectus, prospectus supplement, offering memorandum, offering circular, term sheet or other document pursuant to which such Securities were offered and setting forth the final terms of such Securities; or (12) to make any other change that does not adversely affect the interests of Holders of Securities of any series in any material respect.

Appears in 8 contracts

Samples: Indenture (Algonquin Power & Utilities Corp.), Indenture (Algonquin Power & Utilities Corp.), Indenture (Algonquin Power & Utilities Corp.)

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 indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) to secure the Securities; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 201 and 3.1301; or (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)611; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this Clause (9) shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 8 contracts

Samples: Subordinated Indenture (Newfield Exploration Co /De/), Senior Indenture (Newfield Exploration Co /De/), Indenture (Arizona Public Service Co)

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 supplemental indentures, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, or elimination (i) shall neither (A) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstanding; or (6) to secure the Securities; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or (8) to evidence and provide for the acceptance of appointment under this Indenture by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture by more than one Trustee, pursuant to the requirements of Section 6.11(b); or; (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture ActAct or conform this Indenture or the Securities of any series to the description thereof contained in any applicable prospectus, prospectus supplement, free writing prospectus, offering memorandum, term sheet or other offering document; (10) to cure any ambiguity, mistake, defect or inconsistency; or (11) to make any change, provided that such change shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 8 contracts

Samples: Indenture (Imperial Petroleum Inc./Marshall Islands), Indenture (Tsakos Energy Navigation LTD), Indenture (Danaos Corp)

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 indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1a) to evidence the succession of another Person corporation to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2b) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3c) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such the relevant series)) or to surrender any right or power herein conferred upon the Company; or (4d) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5e) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security Securities of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security Securities with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6f) to secure the Securities; or (7g) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 2.01 and 3.13.01; or (8) h) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or and facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b); or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10i) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be inconsistent with any other provision herein, defect or inconsistency; or (11) to make any change, other provisions with respect to matters or questions arising under this Indenture; provided that such change action shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 7 contracts

Samples: Subordinated Indenture (Masco Corp /De/), Subordinated Indenture (Masco Corp /De/), Subordinated Indenture (Masco Corp /De/)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolutionan Establishment Action, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series)Default; or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) to secure the SecuritiesSecurities pursuant to the requirements of Article X or otherwise; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 2.01 and 3.13.01; or (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)6.11; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this clause (9) shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 7 contracts

Samples: Indenture (PPG Industries Inc), Indenture (PPG Industries Inc), Indenture (United States Steel Corp)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, and the Trustee, Trustee (at the direction of the Company) at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form reasonably satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the SecuritiesNotes; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities Notes (and if such covenants are to be for the benefit of less than all series of SecuritiesNotes, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of with respect to all or any series of Securities Notes (and if such additional Events of Default are to be for the benefit of less than all series of SecuritiesNotes, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities new Notes permitted by Section 2.1 in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities Notes in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of SecuritiesIndenture, provided that any such addition, change, change or elimination (i) shall neither (A) apply to any Security become effective only when there is no Note Outstanding of any series created prior to the execution of such supplemental indenture and which is entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstandingprovision; or (6) to secure make a change to the SecuritiesNotes of any series that does not adversely affect the rights of any Holder of the Notes of such series; or (7) to establish cure any ambiguity, to correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, or to make any other provisions with respect to matters or questions arising under this Indenture, provided such action shall not adversely affect the form or forms or terms interests of Securities the Holders of Notes of any series as permitted by Sections 2.1 and 3.1in any material respect; or (8) to evidence and provide for comply with the acceptance of appointment covenants under this Indenture by Article XI; or (9) to appoint a successor Trustee with respect to the Securities of one or more series Notes and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under in this Indenture by more than one Trustee, pursuant to the requirements of Section 6.11(b); or (910) to comply with any requirements requirement of the Commission in connection with qualifying order to effect or maintain the qualification of this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistake, defect or inconsistency; or (11) to make any changeprovide for the issuance of Additional Notes; or (12) to conform this Indenture or the Notes to the description thereof in the related prospectus, provided that such change shall not adversely affect the interests of the Holders of Securities of any series in any material respectoffering memorandum or disclosure document.

Appears in 7 contracts

Samples: Indenture (Celgene Corp /De/), Indenture (Celgene Corp /De/), Indenture (Celgene Corp /De/)

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 indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series)Default; or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) to secure the SecuritiesSecurities pursuant to the requirements of Article X or otherwise; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 2.01 and 3.13.01; or (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)6.11; or (9) to comply make provision with any respect to the conversion rights of Holders pursuant to the requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act;Article XV; or (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this clause (10) shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 6 contracts

Samples: Subordinated Securities Agreement (Aqua America Inc), Subordinated Securities Agreement (Aqua America Inc), Subordinated Securities Agreement (Aqua America Inc)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, Company and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1a) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities, all as provided in Article Eleven; or (2b) to add to the one or more covenants of the Company or other provisions for the benefit of all Holders or for the benefit of the Holders of, or to remain in effect only so long as there shall be Outstanding, Securities of all one or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securitiesmore specified series, stating that such covenants are expressly being included solely for the benefit of such series) or one or more specified Tranches thereof, or to surrender any right or power herein conferred in this Indenture upon the Company; or (3c) to add any additional Events of Default for the benefit of the Holders of with respect to all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series)Outstanding hereunder; or (4d) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, or eliminate any provision of this Inden- ture or to add any new provision to this Indenture; provided, however, that if such change, elimination or addition shall adversely affect the interests of the provisions Holders of this Indenture in respect of one or more series of Securities, provided that any such addition, change, or elimination (i) shall neither (A) apply to any Security Securities of any series created prior to or Tranche Outstanding on the execution date of such indenture supplemental indenture and entitled to the benefit of hereto in any material respect, such provision nor (B) modify the rights of the Holder of any such Security change, elimination or addition shall become effective with respect to such provision series or (ii) shall become effective Tranche only pursuant to the provisions of Section 1202 hereof or when there is no Security of such Security series or Tranche remains Outstanding; or (6e) to secure provide collateral security for all but not part of the Securities; or (7f) to establish the form or forms or terms of Securities of any series or Tranche as permitted contemplated by Sections 2.1 201 and 3.1301; or (8) g) to provide for the authentication and delivery of bearer securities and coupons appertaining thereto representing interest, if any, thereon and for the procedures for the registration, exchange and replacement thereof and for the giving of notice to, and the solicitation of the vote or consent of, the holders thereof, and for any and all other matters incidental thereto; or (h) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a separate or successor Trustee or co-trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b911(b); or (9i) to comply with provide for the procedures required to permit the Company to utilize, at its option, a noncertificated system of registration for all, or any requirements series or Tranche of, the Securi- ties; or (j) to change any place or places where (1) the principal of and premium, if any, and interest, if any, on all or any series of Securities, or any Tranche thereof, shall be payable, (2) all or any series of Securities, or any Tranche thereof, may be surrendered for registration of transfer, (3) all or any series of Securities, or any Tranche thereof, may be surrendered for exchange and (4) notices and demands to or upon the Commission Company in connection with qualifying respect of all or any series of Securities, or any Tranche thereof, and this Indenture under the Trust Indenture Act;may be served; or (10k) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother changes to the provisions hereof or to add other provisions with respect to matters or questions arising under this Indenture, provided that such change other changes or additions shall not adversely affect the interests of the Holders of Securities of any series or Tranche in any material respect.. Without limiting the generality of the foregoing, if the Trust Indenture Act as in effect at the date of the execution and delivery of this Indenture or at any time thereafter shall be amended and

Appears in 6 contracts

Samples: Indenture (Texas Utilities Co /Tx/), Indenture (For Unsecured Debt Securities) (Enserch Capital I), Indenture for Unsecured Debt Securities (Texas Utilities Electric Co)

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 indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the the, benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series)Default; or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) to secure the SecuritiesSecurities pursuant to the requirements of Article X or otherwise; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 2.01 and 3.13.01; or (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)6.11; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this clause (9) shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 6 contracts

Samples: Indenture (Jefferies Group Inc /De/), Indenture (Philadelphia Suburban Corp), Indenture (Jefferies Group Inc /De/)

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 supplemental indentures, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, or elimination (i) shall neither (A) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstanding; or (6) to secure the Securities; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or (8) to evidence and provide for the acceptance of appointment under this Indenture by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture by more than one Trustee, pursuant to the requirements of Section 6.11(b); or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act;; or (10) to cure any ambiguity, mistaketo correct or supplement any provision in this Indenture which may be defective or inconsistent with any other provision in this Indenture, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this clause (10) shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 6 contracts

Samples: Indenture (LegacyTexas Financial Group, Inc.), Indenture (LegacyTexas Financial Group, Inc.), Indenture (Huntington Bancshares Inc/Md)

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 indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the the, benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series)Default; or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) to secure the Securities; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 2.01 and 3.13.01; or (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture by more than one Trustee, pursuant to the requirements of Section 6.11(b)series; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this clause (9) shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 6 contracts

Samples: Indenture (BrightSpring Health Services, Inc.), Indenture (BrightSpring Health Services, Inc.), Indenture (BrightSpring Health Services, Inc.)

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 indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1a) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2b) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3c) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4d) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, or elimination (i) shall neither (A) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstanding; or (6) to secure the Securities; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or (8) to evidence and provide for the acceptance of appointment under this Indenture by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture by more than one Trustee, pursuant to the requirements of Section 6.11(b); or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistake, defect or inconsistency; or (11) to make any change, provided that such change shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 6 contracts

Samples: Indenture (Goodyear Tire & Rubber Co /Oh/), Indenture (Goodyear Tire & Rubber Co /Oh/), Indenture (Goodyear Tire & Rubber Co /Oh/)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a its Board Resolutionof Directors, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any one or more of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination elimination (A) shall neither (i) shall neither (A) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or or (iiB) shall become effective only when there is no such Security Outstanding; or (6) to secure the SecuritiesSecurities pursuant to the requirements of Section 10.05 or to otherwise secure the Securities of any series; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 2.01 and 3.13.01; or (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)6.11; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this clause (9) shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 5 contracts

Samples: Indenture (Marathon Oil Corp), Indenture (Atp Oil & Gas Corp), Indenture (Atp Oil & Gas Corp)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a its Board Resolutionof Directors, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any one or more of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, including, without limitation, with respect to any of the provisions set forth in Article XIV; provided that any such addition, change, change or elimination elimination (A) shall neither (i) shall neither (A) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or or (iiB) shall become effective only when there is no such Security Outstanding; or (6) to secure the SecuritiesSecurities of any series; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 2.01 and 3.13.01; or (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)6.11; or (9) to comply make provision with respect to any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act;conversion or exchange rights as contemplated by Section 3.01; or (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this clause (10) shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 5 contracts

Samples: Indenture (Marathon Oil Corp), Indenture (Atp Oil & Gas Corp), Indenture (Atp Oil & Gas Corp)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the CompanyIssuers, when authorized by or pursuant to a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1i) to evidence the succession of another Person corporation to either or both of the Company Issuers and the assumption by any such successor of the covenants of the Company in this Indenture such Issuers herein and in the Securities; or; (2ii) to add to the covenants of the Company Issuers for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; orIssuers; (3iii) to add any additional Events of Default for the benefit of the Holders of with respect to all or any series of the Securities (and and, if such additional Events Event of Default are is applicable to be for the benefit of less than all series of Securities, stating that specifying the series to which such additional Events Event of Default are expressly being included solely for the benefit of such seriesis applicable); or; (4iv) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or; (5v) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of SecuritiesIndenture; provided, provided that any such addition, change, change or elimination (i) shall neither (A) apply to any become effective only when there is no Security Outstanding of any series created prior to the execution of such supplemental indenture and entitled to the benefit which is adversely affected by such change in or elimination of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstanding; orprovision; (6) to secure the Securities; or (7vi) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or2.02; (8) vii) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b); (viii) to provide for the issuance of uncertificated Securities of one or more series in addition to or in place of certificated Securities; (ix) to cure any ambiguity or to correct or supplement any provision herein which may be defective or inconsistent with any other provision herein; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistake, defect or inconsistency; or (11x) to make any changeother provisions with respect to matters or questions arising under this Indenture; provided, provided that such change other provisions as may be made shall not adversely affect the interests of the Holders of outstanding Securities of any series in any material respect.

Appears in 5 contracts

Samples: Indenture (Suburban Propane Partners Lp), Indenture (Suburban Propane Partners Lp), Indenture (Suburban Propane Partners Lp)

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 indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the the, benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series)Default; or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) to secure the SecuritiesSecurities pursuant to the requirements of Article X or otherwise; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 2.01 and 3.13.01; or (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture by more than one Trustee, pursuant to the requirements of Section 6.11(b)series; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this clause (9) shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 4 contracts

Samples: Indenture (PF2 SpinCo, Inc.), Indenture (Change Healthcare Inc.), Indenture (Change Healthcare Inc.)

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 indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) to secure the Securities; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 2.01 and 3.13.01; or (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)6.11; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this clause (9) shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 4 contracts

Samples: Indenture (Liquid Media Group Ltd.), Indenture Agreement (Finjan Holdings, Inc.), Indenture (Meta Financial Group Inc)

Supplemental Indentures Without Consent of Holders. Without the consent of any HoldersHolders of Securities, 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 indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1a) to evidence the succession of another Person to the Company Company, and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the SecuritiesSecurities contained; or (2b) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3c) to add change or eliminate any additional Events restrictions on the payment of Default for the benefit of the Holders of all principal (or any series of premium, if any) on Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form, provided any such action shall not adversely affect the interests of the Holders of Securities of any series in any material respect; or (5d) to add to, change, change or eliminate any of the provisions provision of this Indenture in respect of one or more series of SecuritiesIndenture, provided that any such addition, change, change or elimination (i) shall neither (A) apply to any become effective only when there is no Security Outstanding of any series created prior to the execution of such supplemental indenture and which is entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such not apply to any Security Outstanding; or (6) to secure the Securities; or (7e) to establish the form or forms or terms of Securities of any series as permitted by Sections Section 2.1 and Section 3.1; or (8) f) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b); or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10g) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any change, provided that such change other provisions with respect to matters or questions arising under this Indenture which shall not adversely affect the interests interest of the Holders of Securities of any series in any material respect; or (h) to add to, delete from or revise the conditions, limitations and restrictions on the authorized amount, terms or purposes of issue, authentication and delivery of Securities, as herein set forth; or (i) to add any additional Events of Default (and if such Events of Default are to be applicable to less than all series of Securities stating that such Events of Default are expressly being included solely to be applicable to such series); or (j) to add to or change or eliminate any provision of this Indenture as shall be necessary or desirable in accordance with any amendments to the Trust Indenture Act, provided such action shall not adversely affect the interest of the Holders of the Securities of any series in any material respect.

Appears in 4 contracts

Samples: Indenture (UAG Chantilly AU, LLC), Indenture (Penske Automotive Group, Inc.), Indenture (United Nissan Inc / Tn)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, the Guarantor, 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 indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) 9.1.1 to evidence the succession of another Person to the Company or the Guarantor and the assumption by any such successor of the covenants of the Company in this Indenture or the Guarantor herein and in the Securities; or (2) 9.1.2 to add to the covenants of the Company or the Guarantor for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the CompanyCompany or the Guarantor; or (3) 9.1.3 to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) 9.1.4 to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) 9.1.5 to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) 9.1.6 to secure the SecuritiesSecurities pursuant to the requirements of Article Ten or otherwise; or (7) 9.1.7 to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or (8) 9.1.8 to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)6.11; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) 9.1.9 to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this clause 9.1.9 shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 4 contracts

Samples: Indenture (Vale Capital LTD), Indenture (Vale S.A.), Indenture (Vale S.A.)

Supplemental Indentures Without Consent of Holders. Without the consent of the Holders of any Holdersseries of Securities, the CompanyCompany and, to the extent applicable, each Guarantor, in each case 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 indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1a) to evidence the succession of another Person to the Company or any Guarantor and the assumption by any such successor of the covenants of the Company in this Indenture or such Guarantor herein and in the SecuritiesSecurities of any series and in the Note Guarantees of any series, as applicable; or (2b) to add to the covenants of the Company or any Guarantor for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the CompanyCompany or any Guarantor; or (3c) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4d) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5e) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, ; provided that any such addition, change, change or elimination (i) shall neither (A) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstanding; or (6f) to secure the SecuritiesSecurities or any Note Guarantee; or (7g) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 2.01 and 3.13.01; or (8) h) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)6.11; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10i) to cure any ambiguity, mistaketo correct or supplement any provision herein or in any supplemental indenture which may be defective or inconsistent with any other provision herein or in any supplemental indenture, defect or inconsistency; or (11) to make any change, other provisions with respect to matters or questions arising under this Indenture; provided that such change action pursuant to this Clause (i) shall not adversely affect the interests of the Holders of Securities of any series in any material respect; or (j) to conform this Indenture or any supplemental indenture to the description of the Securities set forth in any prospectus or prospectus supplement related to such series of Securities; or (k) to comply with the rules of any applicable securities depositary; or (l) to comply with any requirements of the Commission in connection with the qualification of the Indenture under the Trust Indenture Act; or (m) to add or release a Guarantor as required or permitted by this Indenture.

Appears in 4 contracts

Samples: Subordinated Indenture (Medtronic Inc), Senior Indenture (Medtronic PLC), Senior Indenture (Medtronic Inc)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, Company and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1a) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities, all as provided in Article Eleven; or (2b) to add to the one or more covenants of the Company or other provisions for the benefit of all Holders or for the benefit of the Holders of, or to remain in effect only so long as there shall be Outstanding, Securities of all one or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securitiesmore specified series, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3c) to add any additional Events of Default for the benefit of the Holders of with respect to all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series)Outstanding hereunder; or (4d) to add to change or change eliminate any of the provisions provision of this Indenture or to add any new provision to this Indenture; provided, however, that if such extent as change, elimination or addition shall be necessary to permit or facilitate adversely affect the issuance interests of the Holders of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, or elimination (i) shall neither (A) apply to any Security of any series created prior to Outstanding on the execution date of such indenture supplemental indenture and entitled to the benefit of hereto in any material respect, such provision nor (B) modify the rights of the Holder of any such Security change, elimination or addition shall become effective with respect to such provision series only pursuant to the provisions of Section 1202 hereof or (ii) shall become effective only when there is no Security of such Security series remains Outstanding; or (6e) to secure provide collateral security for all but not part of the Securities; or (7f) to establish the form or forms or terms of Securities of any series as permitted contemplated by Sections 2.1 201 and 3.1301; or (8) g) to provide for the authentication and delivery of bearer securities and coupons appertaining thereto representing interest, if any, thereon and for the procedures for the registration, exchange and replacement thereof and for the giving of notice to, and the solicitation of the vote or consent of, the holders thereof, and for any and all other matters incidental thereto; or (h) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a separate or successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b911(b); or (9i) to comply with provide for the procedures required to permit the Company to utilize, at its option, a noncertificated system of registration for all, or any requirements series of, the Securities; or (j) to change any place or places where (1) the principal of and premium, if any, and interest, if any, on all or any series of Securities shall be payable, (2) all or any series of Securities may be surrendered for registration of transfer, (3) all or any series of Securities may be surrendered for exchange and (4) notices and demands to or upon the Commission Company in connection with qualifying respect of all or any series of Securities and this Indenture under the Trust Indenture Act;may be served; or (10k) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother changes to the provisions hereof or to add other provisions with respect to matters or questions arising under this Indenture, provided that such change other changes or additions shall not adversely affect the interests of the Holders of Securities of any series in any material respect.. Without limiting the generality of the foregoing, if the Trust Indenture Act as in effect at the date of the execution and delivery of this Indenture or at any time thereafter shall be amended and

Appears in 4 contracts

Samples: Indenture for Unsecured Subordinated Debt Securities (Tu Electric Capital I), Indenture for Unsecured Subordinated Debt Securities (Tu Electric Capital Ii), Indenture (Tu Electric Capital Ii)

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 indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by cure any such successor of the covenants of the Company in this Indenture and in the Securitiesambiguity, defect or inconsistency; or (2) to add provide for uncertificated Debt Securities of a particular series in addition to the covenants or in place of the Company for the benefit of the Holders of all or any series of certificated Debt Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power conferred in this Indenture upon the Company; or (3) to add any additional Events of Default provide for the benefit assumption of the Company’s obligations to Holders of Debt Securities in the case of a merger or consolidation or sale of all or any series substantially all of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series)Company’s assets; or (4) to add make any change that would provide any additional rights or benefits to the Holders of Debt Securities or change that does not adversely affect in any of material respect the provisions of legal rights under this Indenture to of any such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated formHolder; or (5) to add to, change, or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, or elimination (i) shall neither (A) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security OutstandingPerson as a Guarantor; or (6) to secure comply with any requirements of the SecuritiesCommission in order to effect or maintain the qualification of this Indenture under the Trust Indenture Act; or (7) to establish remove a Guarantor which, in accordance with the form or forms or terms of Securities this Indenture, ceases to be liable in respect of any series as permitted by Sections 2.1 and 3.1its Guarantee; or (8) to evidence and provide for the acceptance of appointment under this Indenture by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture by more than one Trustee, pursuant to the requirements of Section 6.11(b); or (9) to comply with any requirements secure all of the Commission in connection with qualifying this Indenture under the Trust Indenture Act;Debt Securities of a particular series; or (10) to cure add to the covenants of the Company or any ambiguity, mistake, defect Guarantor for the benefit of the Holders or inconsistencyto surrender any right or power conferred upon the Company or any Guarantor; or (11) to make any change, provided that such change shall not adversely affect establish the interests form or terms of the Holders of Debt Securities of any series in any material respectas permitted by Sections 2.01 and 3.01.

Appears in 4 contracts

Samples: Senior Debt Indenture (Calgon Carbon Corporation), Subordinated Debt Indenture (Calgon Carbon Corporation), Subordinated Debt Indenture (MOB Corp)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the CompanyPartnership, 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 indentureshereto, in form satisfactory to the Trustee, for any one or more of the following purposes: (1) to secure the Securities pursuant to the requirements of Article X or otherwise; (2) to evidence the succession of another Person to the Company Partnership under this Indenture and the Securities and the assumption by any such successor Person of the obligations of the Partnership hereunder and under the Securities; (3) to add covenants of the Company in this Indenture and in the Securities; or (2) to add to the covenants of the Company Partnership for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; orPartnership provided such action does not adversely affect the interests of the Holders; (34) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); orDefault; (45) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or; (56) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) to secure the Securities; or (7) to establish the form or forms or terms of the Securities of any series as permitted by Sections 2.1 and 3.1; orissued pursuant to the terms hereof; (8) to cure any ambiguity or correct any inconsistency in this Indenture; (9) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b); or6.11; (910) to comply with any requirements of the Commission in connection with qualifying qualify this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistake, defect or inconsistency; or (11) to make provide for uncertificated securities in addition to certificated securities; (12) to supplement any changeprovisions of this Indenture necessary to permit or facilitate the defeasance and discharge of any series of Securities, provided that such change shall action does not adversely affect the interests of the Holders of Securities of such series or any series in other series; and (13) to comply with the rules or regulations of any material respectsecurities exchange or automated quotation system on which any of the Securities may be listed or traded.

Appears in 3 contracts

Samples: Subordinated Indenture (Buckeye Partners, L.P.), Indenture (Buckeye Partners L P), Indenture (Buckeye Partners L P)

Supplemental Indentures Without Consent of Holders. Without the consent of any HoldersHolders of Securities, 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 indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1a) to evidence the succession of another Person to the Company Company, and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the SecuritiesSecurities contained; or (2b) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3c) to add change or eliminate any additional Events restrictions on the payment of Default for the benefit of the Holders of all principal (or any series of premium, if any) on Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form, provided any such action shall not adversely affect the interests of the Holders of Securities of any series in any material respect; or (5d) to add to, change, change or eliminate any of the provisions provision of this Indenture in respect of one or more series of SecuritiesIndenture, provided that any such addition, change, change or elimination (i) shall neither (A) apply to any become effective only when there is no Security Outstanding of any series created prior to the execution of such supplemental indenture and which is entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such not apply to any Security Outstanding; or (6) to secure the Securities; or (7e) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or (8) f) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b); or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10g) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any change, provided that such change other provisions with respect to matters or questions arising under this Indenture which shall not adversely affect the interests interest of the Holders of Securities of any series in any material respect; or (h) to add to, delete from or revise the conditions, limitations and restrictions on the authorized amount, terms or purposes of issue, authentication and delivery of Securities, as herein set forth; or (i) to add any additional Events of Default (and if such Events of Default are to be applicable to less than all series of Securities stating that such Events of Default are expressly being included solely to be applicable to such series); or (j) to add to or change or eliminate any provision of this Indenture as shall be necessary or desirable in accordance with any amendments to the Trust Indenture Act, provided such action shall not adversely affect the interest of the Holders of the Securities of any series in any material respect; or (k) to secure the Securities pursuant to Section 10.6.

Appears in 3 contracts

Samples: Indenture (Gatx Corp), Indenture (Gatx Financial Corp), Indenture (Gatx Corp)

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 indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) to secure the SecuritiesSecurity; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 201 and 3.1301; or (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)611; or (9) to comply make provision with any respect to the conversion of Holders pursuant to the requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act;Article Fourteen; or (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this Clause (10) shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 3 contracts

Samples: Indenture (Capstone Capital Corp), Indenture (Healthcare Realty Trust Inc), Indenture (Capstone Capital Corp)

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 supplemental indentures, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture and in the Securities; or; (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power conferred in this Indenture upon the Company; or; (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or; (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or; (5) to add to, change, or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, ; provided that any such addition, change, or elimination (i) shall neither (A) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstanding; or; (6) provide for or confirm the issuance of additional Securities; (7) conform this Indenture, as amended or supplemented, or the Securities, as amended or supplemented, to the description and terms of such Securities in the prospectus supplement, offering memorandum, offering circular or other offering document applicable to such Securities at the time of the initial sale thereof; (8) to secure the Securities; or; (79) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or; (8) 10) to evidence and provide for the acceptance of appointment under this Indenture by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture by more than one Trustee, pursuant to the requirements of Section 6.11(b6.11(2); or; (911) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (1012) to cure any ambiguity, mistake, defect or inconsistency; or (1113) to make any change, ; provided that such change shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 3 contracts

Samples: Indenture (Valley National Bancorp), Indenture (Valley National Bancorp), Indenture (Independent Bank Corp)

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 indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, ; provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) to secure the SecuritiesSecurities pursuant to the requirements of Article X or otherwise; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 2.01 and 3.13.01; or (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)6.11; or (9) to comply make provisions with any respect to the conversion rights of Holders pursuant to the requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act;Article XIV; or (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any change, other provisions with respect to matters or questions arising under this Indenture; provided that such change action pursuant to this clause (10) shall not adversely affect the interests of the Holders of Securities of any series in any material respect; or (11) to maintain the qualification of this Indenture under the Trust Indenture Act.

Appears in 3 contracts

Samples: Indenture (Primus Guaranty LTD), Indenture (Primus Guaranty LTD), Indenture (Primus Guaranty LTD)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, the Guarantor, 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 indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) 9.1.1 to evidence the succession of another Person to the Company or the Guarantor and the assumption by any such successor of the covenants of the Company in this Indenture or the Guarantor herein and in the Securities; or (2) 9.1.2 to add to the covenants of the Company or the Guarantor for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the CompanyCompany or the Guarantor; or (3) 9.1.3 to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) 9.1.4 to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) 9.1.5 to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) 9.1.6 to secure the SecuritiesSecurities pursuant to the requirements of Article 10 or otherwise; or (7) 9.1.7 to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or (8) 9.1.8 to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)6.11; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) 9.1.9 to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this Section 9.1.9 shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 3 contracts

Samples: Indenture (Vale Overseas LTD), Indenture (Vale Overseas LTD), Indenture (Gerdau Trade II Inc.)

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 indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) 9.1.1 to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or; (2) 9.1.2 to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or; (3) 9.1.3 to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or; (4) 9.1.4 to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or; (5) 9.1.5 to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (i) shall neither (Aa) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bb) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstanding; or; (6) 9.1.6 to secure the Securities; orSecurities pursuant to the requirements of Section 10.6 or otherwise; (7) 9.1.7 to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or; (8) 9.1.8 to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)6.11; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) 9.1.9 to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this Section 9.1.9 shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 3 contracts

Samples: Indenture (Embraer Netherlands Finance B.V.), Indenture (Embraer S.A.), Indenture (Embraer S.A.)

Supplemental Indentures Without Consent of Holders. Without the consent of any HoldersHolder, the CompanyCompany and the Guarantor, in each case when authorized by a Board ResolutionResolutions, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company or the Guarantor, as the case may be, and the assumption by any such successor of the covenants obligations of the Company in this Indenture or the Guarantor, as the case may be, herein and in the SecuritiesSecurities in accordance with Article Eight; or (2) to add to the covenants of the Company or the Guarantor for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly expressly, being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the CompanyCompany or the Guarantor; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (54) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, Securities provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (5) to provide for collateral for the Securities; or (6) to secure cure any ambiguity, to correct or supplement any provision herein which may be inconsistent with any other provision herein, or to make any other provisions with respect to matters or questions arising under this Indenture which shall not be inconsistent with the Securitiesprovisions of this Indenture, provided such action pursuant to this clause (4) shall not adversely affect the interests of the Holders in any material respect; or (7) to provide for uncertificated Securities in addition to or in place of certificated Securities; (8) to make any change that does not adversely affect the rights of any Holder; and (9) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 201 and 3.1; or (8) 301. SECTION 902. Amendments, Supplemental Indentures and Waivers with Consent of Holders. Subject to evidence Section 508, with the consent of the Holders of not less than a majority in aggregate principal amount of the Outstanding Securities of each series effected by such supplemental indenture, by Act of said Holders delivered to the Company, the Guarantor and provide the Trustee, the Company and the Guarantor, in each case when authorized by Board Resolutions, and the Trustee may amend this Indenture or enter into an indenture or indentures supplemental hereto for the acceptance purpose of appointment under this Indenture by a successor Trustee with respect to the Securities of one or more series and to add adding any provisions to or change changing in any manner or eliminating any of the provisions of this Indenture as shall be necessary to provide for or facilitate of modifying in any manner the administration of the trusts under this Indenture by more than one Trustee, pursuant to the requirements of Section 6.11(b); or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistake, defect or inconsistency; or (11) to make any change, provided that such change shall not adversely affect the interests rights of the Holders of Securities of any such series in any material respect.under this

Appears in 3 contracts

Samples: Indenture (Harrahs Operating Co Inc), Indenture (Harrahs Operating Co Inc), Indenture (Harrahs Operating Co Inc)

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 indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) to secure the SecuritiesSecurities pursuant to the requirements of Section 1008 or otherwise; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 201 and 3.1301; or (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)611; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this Clause (9) shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 3 contracts

Samples: Indenture (Reynolds & Reynolds Co), Indenture (Wendys International Inc), Indenture (Wendys International Inc)

Supplemental Indentures Without Consent of Holders. Without Each of the consent of any Holders, Corporation and the CompanyGuarantor, when authorized by a Board Resolution, and the TrusteeTrustees, at any time and from time to time, without the consent of any Holders, may enter into one or more indentures supplemental indentureshereto, in form reasonably satisfactory to the TrusteeTrustees, for any of the following purposes: (1) to evidence the succession of another Person to the Company Corporation or the Guarantor, as the case may be, and the assumption by any such successor of the covenants of the Company in this Indenture Corporation or the Guarantor herein and in the SecuritiesSecurities and the Guarantee; or (2) to add to the covenants of the Company Corporation and/or the Guarantor for the benefit of the Holders of all or any series of Securities (Securities, and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) , or to surrender any right or power herein conferred in this Indenture upon the CompanyCorporation or the Guarantor; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (Securities, and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, ; provided that any such addition, change, change or elimination elimination: (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or provision; and (iiB) shall become effective only when there is no such Security Outstanding; or (6) to secure the SecuritiesSecurities of any series; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or (8) to effect or maintain, or otherwise comply with the requirements of the Commission in connection with the qualification of this Indenture under the Trust Indenture Act; or (9) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, multiple Trustees pursuant to the requirements of Section 6.11(b); or (9) to comply with any requirements 6.11 or the removal of one or more of the Commission in connection with qualifying this Indenture under the Trust Indenture ActTrustees pursuant to Section 6.10; (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistencyto make any other provisions with respect to matters or questions arising under this Indenture; provided that such action pursuant to this clause (10) shall not adversely affect the interests of Holders of Securities of any series in any material respect; or (11) to make any change, provided other change that such change shall does not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 3 contracts

Samples: Indenture (Hydro One Holdings LTD), Indenture (Hydro One LTD), Indenture (Hydro One LTD)

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 indentureshereto, in form satisfactory to the Trustee, for any of the following purposespurposes with respect to one or more series of Securities: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series)Default; or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable registerable or not registrable registerable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form, or to permit or facilitate compliance with the procedures or requirements of any securities exchange or market within or without the United States of America on or in which such series may be proposed for listing or quotation; or (5) to add to, change, provide for modifications of the DTC book-entry system or adoption of additional or alternative systems of book-entry systems; or (6) to change or eliminate any of the provisions of this Indenture in respect of one or more series of SecuritiesIndenture, provided that any such addition, change, change or elimination (i) shall neither (A) apply to any become effective -------- only when there is no Security Outstanding of any series created prior to the execution of such supplemental indenture and which is entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstanding; or (6) to secure the Securitiesprovision; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or (8) to make provisions with respect to the conversion or exchange rights of Holders of any series of Securities; or (9) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and or to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b); or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistake, defect or inconsistency; or (11) to make any change, provided that such change shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 3 contracts

Samples: Indenture (Citizens Utilities Capital L P), Indenture (Citizens Utilities Capital L P), Indenture (Citizens Utilities Capital L P)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by or pursuant to a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1i) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or; (2ii) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or; (3iii) to add any additional Events of Default for the benefit of the Holders of with respect to all or any series of the Securities (and and, if such additional Events Event of Default are is applicable to be for the benefit of less than all series of Securities, stating that specifying the series to which such additional Events Event of Default are expressly being included solely for the benefit of such seriesis applicable); or; (4iv) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or; (5v) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, Indenture; provided that any such addition, change, change or elimination (i) shall neither (A) apply to any become effective only when there is no Security Outstanding of any series created prior to the execution of such supplemental indenture and entitled to the benefit which is adversely affected by such change in or elimination of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstanding; orprovision; (6vi) to secure the Securities; or; (7vii) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or2.01 and/or 3.02; (8) viii) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b); (ix) to provide for the issuance of uncertificated Securities of one or more series in addition to or in place of certificated Securities; (x) to conform any provision hereof to the requirements of the Trust Indenture Act or otherwise as necessary to comply with applicable law; (xi) to cure any ambiguity or to correct or supplement any provision herein which may be defective or inconsistent with any other provision herein; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistake, defect or inconsistency; or (11xii) to make any change, other provisions with respect to matters or questions arising under this Indenture; provided that such change other provisions as may be made shall not adversely affect the interests of the Holders of Outstanding Securities of any series in any material respect.

Appears in 3 contracts

Samples: Senior Indenture (Lincoln National Corp), Senior Indenture (Knoll Inc), Senior Indenture (Metro Capital Trust V)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, the Guarantor and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1a) to evidence the succession of another Person to the Company or the Guarantor, as the case may be, and the assumption by any such successor of the covenants of the Company in this Indenture or the Guarantor, as the case may be, herein and in the Securities, all as provided in Article Eleven; or (2b) to add to the one or more covenants of the Company or the Guarantor or other provisions for the benefit of all Holders or for the benefit of the Holders of, or to remain in effect only so long as there shall be Outstanding, Securities of all one or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securitiesmore specified series, stating that such covenants are expressly being included solely for the benefit of such series) or one or more specified Tranches thereof, or to surrender any right or power herein conferred in this Indenture upon the CompanyCompany or the Guarantor; or (3c) to add any additional Events of Default for the benefit of the Holders of with respect to all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series)Outstanding hereunder; or (4d) to add to change or change eliminate any of the provisions provision of this Indenture or to add any new provision to this Indenture; provided, however, that if such extent as change, elimination or addition shall be necessary to permit or facilitate adversely affect the issuance interests of the Holders of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, or elimination (i) shall neither (A) apply to any Security of any series created prior to or Tranche Outstanding on the execution date of such indenture supplemental indenture and entitled to the benefit of hereto in any material respect, such provision nor (B) modify the rights of the Holder of any such Security change, elimination or addition shall become effective with respect to such provision series or (ii) shall become effective Tranche only pursuant to the provisions of Section 1202 hereof or when there is no Security of such Security series or Tranche remains Outstanding; or (6e) to secure provide collateral security for all but not part of the Securities; or (7f) to establish the form or forms or terms of Securities of any series or Tranche or any Guarantees as permitted contemplated by Sections 2.1 201 and 3.1301; or (8) g) to the extent not provided herein, to provide for the authentication, delivery and issuance of bearer securities and coupons appertaining thereto representing interest, if any, thereon and for the procedures for the registration, exchange and replacement thereof and for the giving of notice to, and the solicitation of the vote or consent of, the holders thereof, and for any and all other matters incidental thereto; or (h) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a separate or successor Trustee or co-trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b911(b); or (9i) to comply with provide for the procedures required to permit the Company to utilize, at its option, a noncertificated system of registration for all, or any requirements series or Tranche of, the Securities; or (j) to change any place or places where (1) the principal of and premium, interest and Additional Amounts, if any, on all or any series of Securities, or any Tranche thereof, shall be payable, (2) all or any series of Securities, or any Tranche thereof, may be surrendered for registration of transfer, (3) all or any series of Securities, or any Tranche thereof, may be surrendered for exchange and (4) notices and demands to or upon the Commission Company or the Guarantor in connection with qualifying respect of all or any series of Securities, or any Tranche thereof, and this Indenture under the Trust Indenture Act;may be served; or (10k) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action shall not adversely affect the interests of the Holders of Securities of any series or Tranche in any material respect.. Without limiting the generality of the foregoing, if the Trust Indenture Act as in effect at the date of the execution and delivery of this Indenture or at any time thereafter shall be amended and

Appears in 3 contracts

Samples: Indenture (For Unsecured Subordinated Debt Securities) (Txu Europe Funding I L P), Indenture (Txu Europe Funding I L P), Indenture (Txu Eastern Holdongs LTD)

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 indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (65) to secure the Securities; or (76) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 201 and 3.1301; or (8) 7) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)611; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) 8) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this Clause (8) shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 3 contracts

Samples: Indenture (Newcastle Investment Corp), Indenture (DRS Technologies Inc), Indenture (Niku Corp)

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 indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) to secure the Securities; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 201 and 3.1301; or (8) 7) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b611; or (8) to make provision with respect to the conversion rights of Holders pursuant to the requirements of Article Fourteen hereof, including providing for the conversion of the Securities into any security or property (other than the Common Stock of the Company); or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this Clause (9) shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 3 contracts

Samples: Indenture (Wendys International Inc), Subordinated Indenture (Nuevo Energy Co), Subordinated Indenture (Nuevo Energy Co)

Supplemental Indentures Without Consent of Holders. Without the consent of any HoldersHolders of Securities, the Company, when authorized by a Board Resolution, the Guarantor (if the Securities are Guaranteed Securities) and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person corporation to the Company or the Guarantor, as the case may be, and the assumption by any such successor of the covenants of the Company in this Indenture or the Guarantor, as the case may be, herein and in the Securities; or (2) to add to the covenants covenants, agreements and obligations of the Company or the Guarantor, as the case may be, for the benefit of the Holders of all of the Securities or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securitiesthereof, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the CompanyCompany or the Guarantor, as the case may be; or (3) to add any additional Events establish the form or terms of Default for the benefit Securities of the Holders of all or any series of Securities (as permitted by Sections 2.1 and if such additional Events of Default are to be for the benefit of less than all series of Securities2.3(a), stating that such additional Events of Default are expressly being included solely for the benefit of such series)respectively; or (4) to evidence and provide for the acceptance of appointment hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit provide for or facilitate the issuance administration of Securities in bearer formthe trusts hereunder by more than one Trustee, registrable or not registrable as pursuant to principal, and with or without interest coupons, or to permit or facilitate the issuance requirements of Securities in uncertificated formSection 7.8; or (5) to cure any ambiguity, defect or inconsistency; or (6) to add to, change, change or eliminate any of the provisions of this Indenture in respect of (which addition, change or elimination may apply to one or more series of Securities), provided that any such addition, change, change or elimination (i) shall neither (A) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstandingprovision; or (67) to secure the Securities; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or (8) to evidence and provide for the acceptance of appointment under this Indenture by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture by more than one Trustee, pursuant to the requirements of Section 6.11(b); or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistake, defect or inconsistency; or (11) to make any change, provided other change that such change shall does not adversely affect the interests of the Holders of Securities rights of any series in any material respectSecurityholder.

Appears in 3 contracts

Samples: Indenture (Aimco Properties Lp), Indenture (Aimco Properties Lp), Indenture (Aimco Properties Lp)

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 indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1a) to evidence the succession of another Person corporation to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2b) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3c) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such the relevant series)) or to surrender any right or power herein conferred upon the Company; or (4d) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5e) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security Securities of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security Securities with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6f) to secure the SecuritiesSecurities pursuant to the requirements of Sections 8.03 or otherwise; or (7g) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 2.01 and 3.13.01; or (8) h) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or and facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b); or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10i) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be inconsistent with any other provision herein, defect or inconsistency; or (11) to make any change, other provisions with respect to matters or questions arising under this Indenture; provided that such change action shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 3 contracts

Samples: Indenture (Masco Corp /De/), Indenture (Masco Corp /De/), Indenture (Masco Corp /De/)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by or pursuant to a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1i) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or; (2ii) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or; (3iii) to add any additional Events of Default for the benefit of the Holders of with respect to all or any series of the Securities (and and, if such additional Events Event of Default are is applicable to be for the benefit of less than all series of Securities, stating that specifying the series to which such additional Events Event of Default are expressly being included solely for the benefit of such seriesis applicable); or; (4iv) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or; (5v) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, Indenture; provided that any such addition, change, change or elimination (i) shall neither (A) apply to any become effective only when there is no Security Outstanding of any series created prior to the execution of such supplemental indenture and entitled to the benefit which is adversely affected by such change in or elimination of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstanding; orprovision; (6vi) to secure the Securities; or; (7vii) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or2.01 and/or 3.02; (8) viii) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b); (ix) to provide for the issuance of uncertificated Securities of one or more series in addition to or in place of certificated Securities; (x) to conform any provision hereof to the requirements of the Trust Indenture Act or otherwise as necessary to comply with applicable law; (xi) to cure any ambiguity or to correct or supplement any provision herein which may be defective or inconsistent with any other provision herein; (xii) to modify the provisions of Article XIII of this Indenture with respect to the subordination of Outstanding Securities of any series in a manner not materially adverse to the Holders thereof; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistake, defect or inconsistency; or (11xiii) to make any change, other provisions with respect to matters or questions arising under this Indenture; provided that such change other provisions as may be made shall not adversely affect the interests of the Holders of Outstanding Securities of any series in any material respect.

Appears in 3 contracts

Samples: Subordinated Indenture (Metro Capital Trust V), Subordinated Indenture (Lincoln National Corp), Subordinated Indenture (Knoll Inc)

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 indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1a) to evidence the succession of another Person to the Company under this Indenture and the Securities and the assumption by any such successor of the covenants obligations of the Company in this Indenture and in the Securities; orhereunder; (2b) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or; (3c) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or; (4d) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or; (5e) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (i1) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (ii2) shall become effective only when there is no such Security Outstanding; or; (6f) to secure the Securities or any guarantee with respect to any Securities; or; (7g) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; orhereunder; (8) h) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b); or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act6.11; (10i) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this Clause (i) shall not adversely affect the interests of the Holders of Securities of any series; (j) to add one or more guarantors with respect to the Securities as parties to the Indenture or to release guarantors in accordance with the provisions of any supplemental indenture; (k) to qualify this Indenture under the Trust Indenture Act; (l) to supplement any provisions of this Indenture necessary to permit or facilitate the defeasance and discharge of any series in of Securities, provided that such action does not adversely affect the interests of the Holders of Securities of such series or any material respectother series; or (m) to comply with the rules or regulations of any securities exchange or automated quotation system on which any of the Securities may be listed or traded.

Appears in 2 contracts

Samples: Indenture (Magnum Hunter Resources Corp), Indenture (GreenHunter Energy, Inc.)

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 indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) to secure the Securities; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 2.01 and 3.13.01; or (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b); or6.11; (9) to comply make provision with any respect to the conversion rights of Holders pursuant to the requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act;Section 15.12, if applicable; or (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this clause (10) shall not adversely affect the interests of the Holders of Securities of any series in any material respect. Notwithstanding any provision in this Indenture or otherwise, the rights of Entitled Persons in respect of Other Financial Obligations under this Indenture and otherwise in respect of the Securities or any series of the Securities may, at any time and from time to time, be modified in any respect or eliminated without the consent of any Entitled Person in respect of Other Financial Obligations.

Appears in 2 contracts

Samples: Indenture (Liquid Media Group Ltd.), Indenture (Associated Banc-Corp)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, Company and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentures, in form satisfactory to the Trustee, hereto for any of the following purposes: (1a) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the SecuritiesBonds, all as provided in Article XIII; or (2b) to add to the one or more covenants of the Company or other provisions for the benefit of all Holders or for the benefit of the Holders of, or to remain in effect only so long as there shall be Outstanding, Bonds of all one or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securitiesmore specified series, stating that such covenants are expressly being included solely for the benefit of such series) or one or more specified Tranches thereof; or to surrender any right or power herein conferred in this Indenture upon the Company; or (3c) to add correct or amplify the description of any additional Events property at any time subject to the lien of Default for this Indenture; or better to assure, convey and confirm unto the benefit of the Holders of all Trustee any property subject or any series of Securities (and if such additional Events of Default are required to be for subjected to the benefit lien of less this Indenture; or to subject to the lien of this Indenture additional property (including property of Persons other than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such seriesCompany); or (4d) to add to or change specify any of the provisions of this Indenture additional Permitted Liens with respect to such extent as shall be necessary additional property and to permit or facilitate the issuance of Securities modify Section 8.02 in bearer form, registrable or not registrable as order to principal, and specify therein any additional items with or without interest coupons, or respect to permit or facilitate the issuance of Securities in uncertificated formsuch additional property; or (5e) to add to, change, change or eliminate any of the provisions provision of this Indenture in respect of one or more series of Securitiesto add any new provision to this Indenture; provided, provided however, that any if such addition, change, elimination or elimination (i) addition shall neither (A) apply to any Security adversely affect the interests of the Holders of Bonds of any series created prior to the execution of or Tranche in any material respect, such supplemental indenture and entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security change, elimination or addition shall become effective with respect to such provision series or (ii) shall become effective Tranche only when there is no Bond of such Security series or Tranche remains Outstanding; or (6) to secure the Securities; or (7f) to establish the form or forms or terms of Securities Bonds of any series or Tranche as permitted contemplated by Sections 2.1 2.01 and 3.13.01; or (8) g) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a separate or successor Trustee with respect to the Securities Bonds of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b11.11(b); or (9h) to comply with provide for the procedures required to permit the Company to issue, at its option, all or any requirements series or Tranche of, the Bonds as uncertificated securities; or (i) to change any place or places where (1) the principal of and premium, if any, and interest, if any, on all or any series of Bonds, or any Tranche thereof, shall be payable, (2) all or any series of Bonds, or any Tranche thereof, may be surrendered for registration of transfer, (3) all or any series of Bonds, or any Tranche thereof, may be surrendered for exchange and (4) notices and demands to or upon the Commission Company in connection with qualifying respect of all or any series of Bonds, or any Tranche thereof, and this Indenture under the Trust Indenture Act;may be served; or (10j) to cure any ambiguity, mistake, defect to correct or inconsistencysupplement any provision herein which may be defective or inconsistent with any other provision herein; or (11) or to make any changeother additions to, deletions from or other changes to the provisions under this Indenture, provided that such change additions, deletions and/or other changes shall not adversely affect the interests of the Holders of Securities Bonds of any series or Tranche in any material respect.; or (k) to modify, eliminate or add to the provisions of this Indenture to such extent as shall be necessary to effect the qualification of this Indenture under the Trust Indenture Act, or under any similar federal statute hereafter enacted, and to add to this Indenture such other provisions as may be expressly permitted by the Trust Indenture Act, excluding, however the provisions referred to in Section 316(a)(2) of the Trust Indenture Act as in effect at the date as of which this instrument was executed or any corresponding provision in any similar federal statute hereafter enacted; or (l) in connection with the occurrence of the Lien Effective Date under Section 4.01, to amend (including to amend and restate) this Indenture to effectuate the lien of this Indenture on the Mortgaged Property; or (m) to supplement any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the discharge of any series of Bonds pursuant to Section 9.02; provided that any such action shall not adversely affect the interests of the Holders of Bonds of such series or any other series of Bonds in any material respect; or (n) to comply with the rules or regulations of any securities exchange or automated quotation system on which any of the Bonds may be listed or traded or of any applicable securities depositary. Without limiting the generality of the foregoing, if the Trust Indenture Act as in effect at the Execution Date, or at any time thereafter shall be amended and

Appears in 2 contracts

Samples: Indenture of Mortgage (PG&E Corp), Indenture of Mortgage (PG&E Corp)

Supplemental Indentures Without Consent of Holders. Without the consent of any HoldersHolders of Securities, the CompanyIssuers and the Guarantor, in each case, 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 indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1a) to evidence the succession of another Person to any Issuer or the Company Guarantor, as the case may be, and the assumption by any such successor of the covenants of such Issuer or the Company in this Indenture Guarantor herein and in the SecuritiesSecurities contained, as the case may be; or (2b) to add to the covenants of the Company Issuers or the Guarantor for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the CompanyIssuers or the Guarantor; or (3c) to add change or eliminate any additional Events restrictions on the payment of Default for the benefit of the Holders of all principal (or any series of premium, if any) on Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form, provided any such action shall not adversely affect the interests of the Holders of Securities of any series in any material respect; or (5d) to add to, change, change or eliminate any of the provisions provision of this Indenture in respect of one or more series of SecuritiesIndenture; provided, provided that any such addition, change, change or elimination (i) shall neither (A) apply to any become effective only when there is no Security Outstanding of any series created prior to the execution of such supplemental indenture and that is entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such not apply to any Security Outstanding, in each case unless otherwise specified in the terms of the series of Securities as permitted by Section 3.1; or (6) to secure the Securities; or (7e) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or (8) f) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b); or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10g) to cure any ambiguity, mistake, defect to correct or inconsistencysupplement any provision herein that may be defective or inconsistent with any other provision herein; or (11h) to make any changeother terms or provisions with respect to matters or questions arising under this Indenture that shall not adversely affect the interest of the Holders of Securities of any series in any material respect; or (i) to add to, delete from or revise the conditions, limitations and restrictions on the authorized amount, terms or purposes of issue, authentication and delivery of Securities, as herein set forth; or (j) to add any additional Events of Default (and if such Events of Default are to be applicable to less than all series of Securities stating that such Events of Default are expressly being included solely to be applicable to such series) or to delete or revise any Event of Default with respect to any series of Securities not yet Outstanding; or (k) to conform the text of this Indenture, any Securities and any guarantees to any provision of the “Description of the Notes” section or other relevant section describing the terms of such securities of the applicable prospectus, prospectus supplement or other offering circular or memorandum to the extent that such provision in the “Description of the Notes” was intended to be a substantially verbatim recitation of a provision of this Indenture, such Securities or such guarantee as set forth in an Officer’s Certificate; or (l) to add to or change or eliminate any provision of this Indenture as shall be necessary or desirable in accordance with any amendments to the Trust Indenture Act; provided, that such action shall not adversely affect the interest of the Holders of the Securities of any series in any material respect; or (m) to supplement any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the defeasance and discharge of any series of Securities pursuant to Sections 4.1, 13.2 and 13.3; provided that any such change action pursuant to this clause shall not adversely affect the interests of the Holders of Securities of any series in any material respect; or (n) comply with the requirements of the Commission in order to effect or maintain the qualification of this Indenture under the Trust Indenture Act; or (o) to provide for the guarantee of, or to secure, all or any series of Securities and the terms thereof.

Appears in 2 contracts

Samples: Indenture (Sabra Health Care REIT, Inc.), Indenture (Sabra Mecosta LLC)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, Company and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1a) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities, all as provided in Article Eleven; or (2b) to add to evidence the covenants addition of the Company any guarantee for the benefit of the Holders of all one or any more specified series of the Securities, or the release or substitution of any guarantor in accordance with the provisions hereof or the provisions of the Securities of the specified series; or (and if such c) to add one or more covenants are to be of the Company or other provisions for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely Holders or for the benefit of such the Holders of, or to remain in effect only so long as there shall be Outstanding, Securities of one or more specified series) , or one or more specified Tranches thereof, or to surrender any right or power herein conferred in this Indenture upon the Company; or (3d) to add any additional Events of Default for the benefit of the Holders of with respect to all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series)Outstanding hereunder; or (4e) to add to change or change eliminate any of the provisions provision of this Indenture or to add any new provision to this Indenture; provided, however, that if such extent as change, elimination or addition shall be necessary to permit or facilitate adversely affect the issuance interests of the Holders of Securities in bearer form, registrable of any series or not registrable as to principal, and with or without interest coupons, or to Tranche (other than any series the terms of which permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, such change, elimination or eliminate addition) Outstanding on the date of such indenture supplemental hereto in any of the provisions of this Indenture in respect of one or more series of Securitiesmaterial respect, provided that any such addition, change, elimination or elimination addition shall become effective (i) shall neither (A) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision series or Tranche only pursuant to the provisions of Section 1202 hereof or (ii) shall become effective only when there is no Security of such Security series or Tranche remains Outstanding; or (6f) to secure provide collateral security for all but not part of the Securities; or (7g) to establish the form or forms or terms of Securities of any series or Tranche as permitted contemplated by Sections 2.1 201 and 3.1301; or (8) h) to the extent not provided herein or pursuant to Section 301, to provide for the authentication, delivery and issuance of bearer securities and coupons appertaining thereto representing interest, if any, thereon and for the procedures for the registration, exchange and replacement thereof and for the giving of notice to, and the solicitation of the vote or consent of, the holders thereof, and for any and all other matters incidental thereto; or (i) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a separate or successor Trustee or co-trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b911(b); or (9j) to comply with provide for the procedures required to permit the Company to utilize, at its option, a noncertificated system of registration for all, or any requirements series or Tranche of, the Securities; or (k) to change any place or places where (1) the principal of and premium, interest and Additional Amounts, if any, on all or any series of Securities, or any Tranche thereof, shall be payable, (2) all or any series of Securities, or any Tranche thereof, may be surrendered for registration of transfer, (3) all or any series of Securities, or any Tranche thereof, may be surrendered for exchange and (4) notices and demands to or upon the Commission Company in connection with qualifying respect of all or any series of Securities, or any Tranche thereof, and this Indenture under the Trust Indenture Act;may be served; or (10l) to cure any ambiguity, mistake, defect or inconsistency; or (11) to make correct or supplement any change, provided that such change shall not adversely affect the interests of the Holders of Securities of provision herein which may be defective or inconsistent with any series in any material respectother provision herein.

Appears in 2 contracts

Samples: Indenture (Nice Systems LTD), Indenture (Nice Systems LTD)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board ResolutionResolution of the Company, the Subsidiary Guarantors, when authorized by respective Board Resolutions of the Subsidiary Guarantors, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or; (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or; (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); orDefault; (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or; (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or; (6) to secure the Securities; or; (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 2.01 and 3.1; or3.01; (8) to comply with Section 8.01 and 8.02; (9) to provide for uncertificated Securities in addition to or in place of certificated Securities; (10) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b); or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act6.11; (1011) to make provisions with respect to the conversion rights of Holders pursuant to the requirements of Article XV; (12) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this clause (9) shall not adversely affect the interests of the Holders of Securities of any series in any material respect; (13) to add new Subsidiary Guarantors pursuant to Section 14.05; or (14) to conform any provision of this Indenture to the "Description of Debt Securities" contained in the Prospectus or any similar provision contained in any supplement to the Prospectus relating to an offering of debt securities under this Indenture.

Appears in 2 contracts

Samples: Indenture (Intermagnetics General Corp), Indenture (Top Tankers Inc.)

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 indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) to secure the SecuritiesSecurities pursuant to the requirements of SECTION 10.03 or otherwise; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 SECTIONS 2.01 and 3.13.01; or (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)SECTION 6.11; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this Clause (9) shall not adversely affect the interests of the Holders of Securities of any series in any material respect; or (10) If applicable, make provisions with respect to the conversion rights of Holders of Securities pursuant to SECTION 15.01; or (11) If applicable, reduce the Conversion Price; provided, however, that such reduction in the Conversion Price shall not adversely affect the interest of the Holders of Securities (after taking into account tax and other consequences of such reduction).

Appears in 2 contracts

Samples: Indenture (Amerada Hess Corp), Indenture (Amerada Hess Corp)

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 indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided PROVIDED that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) to secure the Securities; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 201 and 3.1301; or (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)611; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided PROVIDED that such change action pursuant to this Clause (9) shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 2 contracts

Samples: Indenture (Pinnacle West Capital Corp), Indenture (Pinnacle West Capital Corp)

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 indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1a) to evidence the succession of another Person to the Company under this Indenture and the Securities and the assumption by any such successor of the covenants obligations of the Company in this Indenture and in the Securities; orhereunder; (2b) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or; (3c) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or; (4d) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or; (5e) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (i1) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (ii2) shall become effective only when there is no such Security Outstanding; or; (6f) to secure the Securities or any guarantee with respect to any Securities; or; (7g) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; orhereunder; (8) h) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b); or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act6.11; (10i) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this Clause (i) shall not adversely affect the interests of the Holders of Securities of any series; (j) to add one or more guarantors with respect to the Securities as parties to the Indenture or to release guarantors in accordance with the provisions of any supplemental indenture; (k) to qualify this Indenture under the Trust Indenture Act; (l) to supplement any provisions of this Indenture necessary to permit or facilitate the defeasance and discharge of any series of Securities, provided that such action does not adversely affect the interests of the Holders of Securities of such series or any other series; (m) to comply with the rules or regulations of any securities exchange or automated quotation system on which any of the Securities may be listed or traded; or (n) to make any changes in Article XIV that would limit or terminate the benefits applicable to any material respectholder of Senior Indebtedness (or its Representatives) under Article XIV.

Appears in 2 contracts

Samples: Subordinated Indenture (GreenHunter Energy, Inc.), Subordinated Indenture (Magnum Hunter Resources Corp)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, the Guarantor and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form reasonably satisfactory to the Trustee, for any of the following purposes: (1a) to evidence the succession of another Person to the Company or the Guarantor, as the case may be, and the assumption by any such successor of the covenants of the Company in this Indenture or the Guarantor, as the case may be, herein and in the SecuritiesSecurities or the Guarantees endorsed thereon, all as provided in Article Eleven; or (2b) to add to the one or more covenants of the Company or the Guarantor or other provisions for the benefit of all Holders or for the benefit of the Holders of, or to remain in effect only so long as there shall be Outstanding, Securities of all one or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securitiesmore specified series, stating that such covenants are expressly being included solely for the benefit of such series) or one or more specified Tranches thereof, or to surrender any right or power herein conferred in this Indenture upon the CompanyCompany or Guarantor; or (3c) to add any additional Events of Default for the benefit of the Holders of with respect to all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series)Outstanding hereunder; or (4d) to add to change or change eliminate any of the provisions provision of this Indenture or to add any new provision to this Indenture; provided, however, that if such extent as change, elimination or addition shall be necessary to permit or facilitate adversely affect the issuance interests of the Holders of Securities of any series or Tranche Outstanding on the date of such indenture supplemental hereto in bearer formany material respect, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, such change, elimination or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, or elimination addition shall become effective (i) shall neither (A) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision series or Tranche only pursuant to the provisions of Section 1202 hereof or (ii) shall become effective only when there is no Security of such Security series or Tranche remains Outstanding; or (6e) to secure provide collateral security for all but not part of the Securities; or (7f) to establish the form or forms or terms of Securities of any series or Tranche or any Guarantees as permitted contemplated by Sections 2.1 201 and 3.1301; or (8) g) to provide for the authentication and delivery of bearer securities and coupons appertaining thereto representing interest, if any, thereon and for the procedures for the registration, exchange and replacement thereof and for the giving of notice to, and the solicitation of the vote or consent of, the holders thereof, and for any and all other matters incidental thereto; or (h) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a separate or successor Trustee or co-trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b911(b); or (9i) to comply with provide for the procedures required to permit the Company to utilize, at its option, a non-certificated system of registration for all, or any requirements series or Tranche of, the Securities; or (j) to change any place or places where (1) the principal of and premium, if any, and interest, if any, on all or any series of Securities, or any Tranche thereof, shall be payable, (2) all or any series of Securities, or any Tranche thereof, may be surrendered for registration of transfer, (3) all or any series of Securities, or any Tranche thereof, may be surrendered for exchange and (4) notices and demands to or upon the Commission Company or the Guarantor in connection with qualifying respect of all or any series of Securities, or any Tranche thereof, and this Indenture under the Trust Indenture Act;may be served; or (10k) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother changes to the provisions hereof or to add other provisions with respect to matters or questions arising under this Indenture, provided that such change other changes or additions shall not adversely affect the interests of the Holders of Securities of any series or Tranche in any material respect.. Without limiting the generality of the foregoing, if the Trust Indenture Act as in effect at the date of the execution and delivery of this Indenture or at any time thereafter shall be amended and

Appears in 2 contracts

Samples: Indenture (FPL Group Capital Inc), Indenture (FPL Group Inc)

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 indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or; (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or; (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or; (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or; (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided provided, however, that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or; (6) to secure the Securities; orSecurities pursuant to the requirements of Section 1007 or otherwise; (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 201 and 3.1; or301, including the provisions and procedures relating to Securities convertible into or exchangeable for any securities of any Person (including the Company); (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b); or611; (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided provided, however, that such change action pursuant to this clause (9) shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 2 contracts

Samples: Indenture (Parker Hannifin Corp), Indenture (Parker Hannifin Corp)

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 indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1a) to evidence the succession of another Person to the Company Company, or successive successions, and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the SecuritiesSecurities in compliance with Article 8; or (2b) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company, provided that such action shall not adversely affect the Holders in any material respect; or (3c) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4d) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5e) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (i) shall neither (A) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstanding; or (6f) to secure the Securities, including provisions regarding the circumstances under which collateral may be released or substituted; or (g) to add or provide for a guaranty of the Securities or additional obligors on the Securities; or (7h) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 2.01 and 3.13.01; or (8) i) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)6.11; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10j) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this clause (j) shall not adversely affect the interests of the Holders of Securities of any series in any material respect; (k) to supplement any of the provisions of the Indenture to such extent as shall be necessary to permit or facilitate the defeasance and discharge of any series of Securities pursuant to Articles 4 and 13, provided that any such action shall not adversely affect the interests of the Holders of Securities of such series or any other series of Securities in any material respect; or (l) to maintain the qualification of the Indenture under the Trust Indenture Act.

Appears in 2 contracts

Samples: Indenture (SVB Financial Group), Indenture (SVB Financial Group)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, Company and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1a) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities, all as provided in Article Eleven; or (2b) to add to the one or more covenants of the Company or other provisions for the benefit of all Holders or for the benefit of the Holders of, or to remain in effect only so long as there shall be Outstanding, Securities of all one or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securitiesmore specified series, stating that such covenants are expressly being included solely for the benefit of such series) or one or more specified Tranches thereof, or to surrender any right or power herein conferred in this Indenture upon the Company; or (3c) to add any additional Events of Default for the benefit of the Holders of with respect to all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series)Outstanding hereunder; or (4d) to add to change or change eliminate any of the provisions provision of this Indenture or to add any new provision to this Indenture; provided, however, that if such extent as change, elimination or addition shall be necessary to permit or facilitate adversely affect the issuance interests of the Holders of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, or elimination (i) shall neither (A) apply to any Security of any series created prior to or Tranche Outstanding on the execution date of such indenture supplemental indenture and entitled to the benefit of hereto in any material respect, such provision nor change, elimination or addition shall become effective (B1) modify the rights of the Holder of any such Security with respect to such provision series or Tranche only pursuant to the provisions of Section 1202 hereof or (ii2) shall become effective only when there is no Security of such Security series or Tranche remains Outstanding; or (6e) to secure provide collateral security for all but not part of the Securities; or (7f) to establish the form or forms or terms of Securities of any series or Tranche as permitted contemplated by Sections 2.1 201 and 3.1301; or (8) g) to provide for the authentication and delivery of bearer securities and coupons appertaining thereto representing interest, if any, thereon and for the procedures for the registration, exchange and replacement thereof and for the giving of notice to, and the solicitation of the vote or consent of, the holders thereof, and for any and all other matters incidental thereto; or (h) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a separate or successor Trustee or co-Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of clause (b) of Section 6.11(b)911; or (9i) to comply with provide for the procedures required to permit the Company to utilize, at its option, a non-certificated system of registration for all, or any requirements series or Tranche of, the Securities; or (j) to change any place or places where (1) the principal of and premium, if any, and interest, if any, on all or any series of Securities, or any Tranche thereof, shall be payable, (2) all or any series of Securities, or any Tranche thereof, may be surrendered for registration of transfer, (3) all or any series of Securities, or any Tranche thereof, may be surrendered for exchange and (4) notices and demands to or upon the Commission Company in connection with qualifying respect of all or any series of Securities, or any Tranche thereof, and this Indenture under the Trust Indenture Act;may be served; or (10k) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother changes to the provisions hereof or to add other provisions with respect to matters or questions arising under this Indenture, provided that such change other changes or additions shall not adversely affect the interests of the Holders of Securities of any series or Tranche in any material respect.. Without limiting the generality of the foregoing, if the Trust Indenture Act as in effect at the date of the execution and delivery of this Indenture or at any time thereafter shall be amended and

Appears in 2 contracts

Samples: Indenture (Interstate Power Co), Indenture (Interstate Power & Light Co)

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 indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) to secure the Securities; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 201 and 3.1301; or (8) 7) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)611; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) 8) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this Clause (8) shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 2 contracts

Samples: Indenture (Allegheny Energy Inc), Indenture (Allegheny Energy Inc)

AutoNDA by SimpleDocs

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 indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided PROVIDED that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) to secure the SecuritiesSecurities pursuant to the requirements of Section 1008 or otherwise; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 201 and 3.1301; or (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)611; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided PROVIDED that such change action pursuant to this Clause (9) shall not adversely affect the interests of the Holders of Securities of any series in any material respectseries.

Appears in 2 contracts

Samples: Indenture (Allegiance Corp), Indenture (Allegiance Corp)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the CompanyCompany and the Guarantors, 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 indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) ), to convey, transfer, assign, mortgage or pledge any property to or with the Trustee or otherwise secure any series of the Securities or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of with respect to all or any series of the Securities (and and, if such additional Events Event of Default are is applicable to be for the benefit of less than all series of Securities, stating that specifying the series to which such additional Events Event of Default are expressly being included solely for the benefit of such seriesis applicable); or (4) to add change or eliminate any of the provisions of this Indenture, provided that any such change or elimination shall become effective only when there is no Security Outstanding of any series created prior to the execution of such supplemental indenture which is adversely affected by such change in or change elimination of such provision; or 57 (5) to establish the form or terms of Securities of any series as permitted by Sections 201 and 301; or (6) to supplement any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance defeasance and discharge of any series of Securities pursuant to Section 401; provided, however, that any such action shall not adversely affect the interest of the Holders of Securities of such series or any other series of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, or elimination (i) shall neither (A) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstanding; or (6) to secure the Securitiesmaterial respect; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b611(b); or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) 8) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change other provisions as may be made shall not adversely affect the interests of the Holders of Securities of any series in any material respect; or (9) to add new Guarantors pursuant to Article Fourteen.

Appears in 2 contracts

Samples: Indenture (Key Energy Services Inc), Indenture (Key Energy Services Inc)

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 indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the the, benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series)Default; or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) to secure the SecuritiesSecurities pursuant to the requirements of Article X or otherwise; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 2.01 and 3.13.01; or (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)6.11; or (9) to comply make provisions with any respect to the conversion rights of Holders pursuant to the requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture ActArticle XIII; (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this clause (9) shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 2 contracts

Samples: Indenture (Jefferies Group Inc /De/), Indenture (Jefferies Group Inc /De/)

Supplemental Indentures Without Consent of Holders. Without the consent of any HoldersHolders of Securities or coupons, 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 indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company Company, or to surrender any right or power herein conferred upon the Company, for the benefit of the Holders of all or any series of Securities or coupons (and if such covenants or the surrender of such right or power are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included or such surrenders are expressly being made solely for the benefit of such series); provided that such action pursuant to this clause (2) shall not adversely affect the interests of the Holders of any series or to surrender any right or power conferred appurtenant coupons in this Indenture upon the Companyany material respect; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of applicable to less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of to be applicable to such series); ): or (4) to add to to, change or change eliminate any of the provisions of this Indenture to such extent as shall provide that Bearer Securities may be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with to change or without interest couponseliminate any restrictions on the payment of principal (or premium, if any) on Registered Securities or of principal (or premium, if any) or any interest, if any, on Bearer Securities, to permit Bearer Securities to be issued in exchange for Registered Securities of other authorized denominations or to permit or facilitate the issuance of Securities in uncertificated form; provided that any such action shall not adversely affect the interests of the Holders of Securities of any series or any related coupons in any material respect; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination provided for in this clause (5): (i) shall neither (A) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstanding; or (6) to secure the Securities; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or (8) to evidence and provide for the acceptance of appointment under this Indenture by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture by more than one Trustee, pursuant to the requirements of Section 6.11(b); or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistake, defect or inconsistency; or (11) to make any change, provided that such change shall not adversely affect the interests of the Holders of Securities of any series in any material respect.such

Appears in 2 contracts

Samples: Indenture (Bergen Brunswig Corp), Indenture (Bergen Brunswig Corp)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by or pursuant to a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such one or more specified series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (i) shall neither (A) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstanding; or (6) to secure the Securities; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 201 and 3.1301; or (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b611(b); or; (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action shall not adversely affect the interests of the Holders of Securities of any series in any material respect; or (10) to comply with the requirements of the Commission in order to effect or maintain the qualification of this Indenture under the Trust Indenture Act.

Appears in 2 contracts

Samples: Indenture (Dain Rauscher Corp), Indenture (Dain Rauscher Corp)

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 indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstanding; or (6) to secure the Securities; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or (8) to evidence and provide for the acceptance of appointment under this Indenture by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture by more than one Trustee, pursuant to the requirements of Section 6.11(b); or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistake, defect or inconsistency; or (11) to make any change, provided that such change shall not adversely affect the interests of the Holders of Securities of any series in any material respect.nor

Appears in 2 contracts

Samples: Indenture (Meta Financial Group Inc), Subordinated Indenture (Stone Energy Corp)

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 indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1a) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants obligations of the Company in this Indenture herein and in the Securities; or (2b) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3c) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4d) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5e) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities; provided, provided however, that any such addition, change, change or elimination (i) shall neither (A) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstanding; or (6f) to secure the Securities; or (7g) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 2.01 and 3.13.01; or (8) h) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)6.11; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10i) to cure any ambiguity, mistake, defect to correct or inconsistencysupplement any provision herein that may be defective or inconsistent with any other provision herein; or (11j) to make provide any changeother provisions with respect to matters or questions arising under this Indenture; provided, provided however, that such change action pursuant to this clause (j) shall not adversely affect the interests of the Holders of Securities of any series in any material respect; or (k) to supplement any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the defeasance and discharge of any series of Securities pursuant to Sections 4.01, 13.02 and 13.03; provided, however, that any such action shall not adversely affect the interests of the Holders of outstanding Securities of such series or any other series of outstanding Securities; or (l) to comply with the requirements of the Commission in order to effect or maintain the qualification of this Indenture under the Trust Indenture Act.

Appears in 2 contracts

Samples: Indenture (American Capital, LTD), Indenture (American Capital Strategies LTD)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the CompanyIssuer, 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 indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company Issuer and the assumption by any such successor of the covenants of the Company in this Indenture Issuer herein and in the Securities; or (2) to add to the covenants of the Company Issuer for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the CompanyIssuer; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) to secure the Securities; or (7) to establish the form or forms or terms of Securities of any series and to increase the aggregate principal amount of any Outstanding series of Securities, as permitted by Sections 2.1 201 and 3.1301; or (8) 7) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)611; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) 8) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this Clause (8) shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 2 contracts

Samples: Indenture of Trust (Energy Income & Growth Fund), Indenture of Trust (Energy Income & Growth Fund)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, and the Trustee, Trustee (at the direction of the Company) at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form reasonably satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of with respect to all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of SecuritiesIndenture, provided that any such addition, change, change or elimination (i) shall neither (A) apply to any become effective only when there is no Security Outstanding of any series created prior to the execution of such supplemental indenture and which is entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstandingprovision; or (6) to secure make a change to the SecuritiesSecurities of any series that does not adversely affect the rights of any Holder of the Securities of such series; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and or to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b); or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action shall not adversely affect the interests of the Holders of Securities of any series in any material respect; or (10) to comply with any requirement of the Commission in order to effect or maintain the qualification of this Indenture under the Trust Indenture Act; or (11) to conform the Indenture or the Securities to the description thereof in the related prospectus, offering memorandum or disclosure document.

Appears in 2 contracts

Samples: Indenture (GT Advanced Technologies Inc.), Indenture (GT Advanced Technologies Inc.)

Supplemental Indentures Without Consent of Holders. Without the consent of any HoldersHolders of Securities or coupons, 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 indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the SecuritiesSecurities pursuant to ARTICLE EIGHT; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities and any coupons appertaining thereto (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) ), to convey, transfer, assign, mortgage or pledge any property to or with the Trustee or otherwise secure any series of the Securities or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of with respect to all or any series of the Securities (and and, if such additional Events Event of Default are is applicable to be for the benefit of less than all series of Securities, stating that specifying the series to which such additional Events Event of Default are expressly being included solely for the benefit of such seriesis applicable); or (4) to add to or change any of the provisions of this Indenture to such extent as shall provide that Bearer Securities may be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with to change or without eliminate any restrictions on the payment of principal of or any premium or interest couponson Bearer Securities, to permit Bearer Securities to be issued in exchange for Registered Securities, to permit Bearer Securities to be issued in exchange for Bearer Securities of other authorized denominations or to permit or facilitate the issuance of Securities in uncertificated form, provided that any such action shall not adversely affect the interests of the Holders of Securities of any series or any related coupons in any material respect; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) to secure the Securities; or (7) to establish the form or forms or terms of Securities of any series and any related coupons as permitted by Sections 2.1 SECTIONS 2.01 and 3.13.01; or (8) 7) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section SECTION 6.11(b); or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) 8) to cure any ambiguity, mistaketo correct or supplement any provision herein or in any supplemental indenture which may be defective or inconsistent with any other provision herein or in any supplemental indenture, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture; PROVIDED, provided HOWEVER, that such change action shall not adversely affect the interests of the Holders of Securities of any series or any related coupons in any material respect.

Appears in 2 contracts

Samples: Subordinated Indenture (Illinois Power Co), Subordinated Indenture (Illinois Power Co)

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 indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that 40 47 such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; , or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) to secure the Securities; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 201 and 3.1301; or (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)611; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this Clause (9) shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 2 contracts

Samples: Indenture (Ugly Duckling Corp), Indenture (Ugly Duckling Corp)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, the Guarantor, 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 indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) 9.1.1 to evidence the succession of another Person to the Company or the Guarantor and the assumption by any such successor of the covenants of the Company in this Indenture or the Guarantor herein and in the Securities; or (2) 9.1.2 to add to the covenants of the Company or the Guarantor for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the CompanyCompany or the Guarantor; or (3) 9.1.3 to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) 9.1.4 to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) 9.1.5 to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) 9.1.6 to secure the SecuritiesSecurities pursuant to the requirements of Article Ten or otherwise; or (7) 9.1.7 to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or (8) 9.1.8 to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)6.11; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) 9.1.9 to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this clause 9.1.9 shall not adversely affect the interests of the Holders of Securities of any series in any material respect; or 9.1.10 to issue an unlimited amount of 2007 Notes pursuant to the First Supplemental Indenture, to issue an unlimited amount of “Exchange Securities” contemplated by the Registration Rights Agreement and to comply with the obligations of the Company and the Guarantor thereunder.

Appears in 2 contracts

Samples: Indenture (Vale Overseas LTD), Indenture (Companhia Vale Do Rio Doce)

Supplemental Indentures Without Consent of Holders. Without the consent of any HoldersHolders of Securities or coupons, 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 indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company Company, or to surrender any right or power herein conferred upon the Company, for the benefit of the Holders of all or any series of Securities or coupons (and if such covenants or the surrender of such right or power are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included or such surrenders are expressly being made solely for the benefit of such series); provided that such action pursuant to this clause (2) shall not adversely affect the interests of the Holders of any series or to surrender any right or power conferred appurtenant coupons in this Indenture upon the Companyany material respect; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of applicable to less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of to be applicable to such series); ): or (4) to add to to, change or change eliminate any of the provisions of this Indenture to such extent as shall provide that Bearer Securities may be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with to change or without interest couponseliminate any restrictions on the payment of principal (or premium, if any) on Registered Securities or of principal (or premium, if any) or any interest, if any, on Bearer Securities, to permit Bearer Securities to be issued in exchange for Registered Securities of other authorized denominations or to permit or facilitate the issuance of Securities in uncertificated form; provided that any such action shall not adversely affect the interests of the Holders of Securities of any series or any related coupons in any material respect; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination provided for in this clause (5): (i) shall neither (A) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security OutstandingOutstanding Security; or (6) to secure add to this Indenture such provisions as may be expressly permitted by the SecuritiesTrust Indenture Act, excluding, however, the provisions referred to in Section 316(a)(2) of the Trust Indenture Act as in effect at the date as of which this instrument was executed or any corresponding provision in any similar Federal statute hereafter enacted; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 2.01 and 3.13.01; or (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)6.11; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be inconsistent with any other provision herein, defect or inconsistency; or (11) to make any change, other provisions with respect to matters or questions arising under this Indenture; provided that such change action pursuant to this clause (9) shall not adversely affect the interests of the Holders of Securities of any series or any appurtenant coupons in any material respect; or (10) to comply with the requirements of the Commission in order to effect or maintain the qualification of this Indenture under the Trust Indenture Act.

Appears in 2 contracts

Samples: Indenture (Bergen Brunswig Corp), Indenture (Bergen Brunswig Corp)

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 indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company Company, or successive successions, and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) to secure the Securities; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 201 and 3.1301; or (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)611; or (9) to comply make provision with any respect to the conversion rights of Holders pursuant to the requirements of Article Fourteen, including providing for the Commission in connection with qualifying this Indenture under conversion of the Trust Indenture Act;securities into any security (other than the Common Stock of the Company) or property of the Company; or (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change shall not adversely affect the interests of the Holders of Securities of any series in any material respect.action pursuant to this Clause

Appears in 2 contracts

Samples: Indenture (Read Rite Corp /De/), Indenture (Micron Technology Inc)

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 supplemental indentures, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer formSecurities, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, ; provided that any such addition, change, or elimination (i) shall neither (A) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstanding; or (6) to secure or provide for the guarantee of the Securities; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or (8) to evidence and provide for the acceptance of appointment under this Indenture by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture by more than one Trustee, pursuant to the requirements of Section 6.11(b); or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act;; or (10) to cure any ambiguity, mistaketo correct or supplement any provision in this Indenture which may be defective or inconsistent with any other provision in this Indenture, defect or inconsistency; or (11) to supplement any of the provisions of this Indenture to the extent necessary to permit or facilitate the Defeasance and discharge of any series of Securities pursuant to Sections 4.1, 13.2 and 13.3; provided that any such action shall not adversely affect the interests of the Holders of Securities of any series in any material respect; or (12) to make provisions with respect to conversion or exchange rights of Holders of Securities of any series; or (13) to add, delete from or revise the conditions, limitations or restrictions on issue, authentication and delivery of securities; or (14) to conform any provision in an indenture to the requirements of the Trust Indenture Act; or to conform to the text of this Indenture or the Securities to the descriptions hereof or thereof contained in any registration statement of the Company to which this Indenture is filed as an exhibit and any applicable prospectus or prospectus supplement; or (15) to make any change, other provisions with respect to matters or questions arising under this Indenture; provided that such change action pursuant to this clause (10) shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 2 contracts

Samples: Indenture (Abacus Life, Inc.), Indenture (Abacus Life, Inc.)

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 supplemental indentures, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, or elimination (i) shall neither (A) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstanding; or (6) to secure the Securities; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or (8) to evidence and provide for the acceptance of appointment under this Indenture by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture by more than one Trustee, pursuant to the requirements of Section 6.11(b); or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act;; or (10) to cure any ambiguity, mistaketo correct or supplement any provision in this Indenture which may be defective or inconsistent with any other provision in this Indenture, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this clause (10) shall not adversely affect affect, as determined in good faith by the Company, the interests of the Holders of Securities of any series in any material respect.

Appears in 2 contracts

Samples: Indenture (Privatebancorp, Inc), Indenture (Privatebancorp, Inc)

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 supplemental indentures, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer formSecurities, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, or elimination (i) shall neither (A) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstanding; or (6) to secure the Securities; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or (8) to evidence and provide for the acceptance of appointment under this Indenture by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture by more than one Trustee, pursuant to the requirements of Section 6.11(b); or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act;; or (10) to cure any ambiguity, mistaketo correct or supplement any provision in this Indenture which may be defective or inconsistent with any other provision in this Indenture, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this clause (10) shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 2 contracts

Samples: Indenture (United Community Banks Inc), Indenture (Huntington Bancshares Inc/Md)

Supplemental Indentures Without Consent of Holders. Without the consent of any HoldersHolders of Securities or coupons, 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 indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the SecuritiesSecurities pursuant to ARTICLE EIGHT; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities and any coupons appertaining thereto (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) ), to convey, transfer, assign, mortgage or pledge any property to or with the Trustee or otherwise secure any series of the Securities or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of with respect to all or any series of the Securities (and and, if such additional Events Event of Default are is applicable to be for the benefit of less than all series of Securities, stating that specifying the series to which such additional Events Event of Default are expressly being included solely for the benefit of such seriesis applicable); or (4) to add to or change any of the provisions of this Indenture to such extent as shall provide that Bearer Securities may be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with to change or without eliminate any restrictions on the payment of principal of or any premium or interest couponson Bearer Securities, to permit Bearer Securities to be issued in exchange for Registered Securities, to permit Bearer Securities to be issued in exchange for Bearer Securities of other authorized denominations or to permit or facilitate the issuance of Securities in uncertificated form, PROVIDED that any such action shall not adversely affect the interests of the Holders of Securities of any series or any related coupons in any material respect; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided PROVIDED that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) to secure the Securities; or (7) to establish the form or forms or terms of Securities of any series and any related coupons as permitted by Sections 2.1 SECTIONS 2.01 and 3.13.01; or (8) 7) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section SECTION 6.11(b); or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) 8) to cure any ambiguity, mistaketo correct or supplement any provision herein or in any supplemental indenture which may be defective or inconsistent with any other provision herein or in any supplemental indenture, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture; PROVIDED, provided that such change action shall not adversely affect the interests of the Holders of Securities of any series or any related coupons in any material respect.

Appears in 2 contracts

Samples: Indenture (Illinois Power Co), Indenture (Illinois Power Co)

Supplemental Indentures Without Consent of Holders. Without the consent of any HoldersHolders of Securities, the CompanyIssuers and the Guarantor, in each case, 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 indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1a) to evidence the succession of another Person to any Issuer or the Company Guarantor, as the case may be, and the assumption by any such successor of the covenants of such Issuer or the Company in this Indenture Guarantor herein and in the SecuritiesSecurities contained, as the case may be; or (2b) to add to the covenants of the Company Issuers or the Guarantor for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the CompanyIssuers or the Guarantor; or (3c) to add change or eliminate any additional Events restrictions on the payment of Default for the benefit of the Holders of all principal (or any series of premium, if any) on Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form, provided any such action shall not adversely affect the interests of the Holders of Securities of any series in any material respect; or (5d) to add to, change, change or eliminate any of the provisions provision of this Indenture in respect of one or more series of SecuritiesIndenture; provided, provided that any such addition, change, change or elimination (i) shall neither (A) apply to any become effective only when there is no Security Outstanding of any series created prior to the execution of such supplemental indenture and that is entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such not apply to any Security Outstanding, in each case unless otherwise specified in the terms of the series of Securities as permitted by Section 3.1; or (6) to secure the Securities; or (7e) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or (8) f) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b); or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10g) to cure any ambiguity, mistaketo correct or supplement any provision herein that may be defective or inconsistent with any other provision herein, defect or inconsistencyas evidenced by an Officer’s Certificate; or (11h) to make any changeother terms or provisions with respect to matters or questions arising under this Indenture that shall not adversely affect the interest of the Holders of Securities of any series in any material respect; or (i) to add to, delete from or revise the conditions, limitations and restrictions on the authorized amount, terms or purposes of issue, authentication and delivery of Securities, as herein set forth; or (j) to add any additional Events of Default (and if such Events of Default are to be applicable to less than all series of Securities stating that such Events of Default are expressly being included solely to be applicable to such series) or to delete or revise any Event of Default with respect to any series of Securities not yet Outstanding; or (k) to conform the text of this Indenture, any Securities and any guarantees to any provision of the “Description of the Notes” section or other relevant section describing the terms of such securities of the applicable prospectus, prospectus supplement or other offering circular or memorandum to the extent that such provision in the “Description of the Notes” was intended to be a substantially verbatim recitation of a provision of this Indenture, such Securities or such guarantee as set forth in an Officer’s Certificate; or (l) to add to or change or eliminate any provision of this Indenture as shall be necessary or desirable in accordance with any amendments to the Trust Indenture Act; provided, that such action shall not adversely affect the interest of the Holders of the Securities of any series in any material respect; or (m) to supplement any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the defeasance and discharge of any series of Securities pursuant to Sections 4.1, 13.2 and 13.3; provided that any such change action pursuant to this clause shall not adversely affect the interests of the Holders of Securities of any series in any material respect; or (n) comply with the requirements of the Commission in order to effect or maintain the qualification of this Indenture under the Trust Indenture Act; or (o) to provide for the guarantee of, or to secure, all or any series of Securities and the terms thereof.

Appears in 2 contracts

Samples: Indenture (CareTrust REIT, Inc.), Indenture (Renee Avenue Health Holdings LLC)

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 indentures, in form satisfactory to the Trusteehereto, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, ; provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) to secure the Securities; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 2.01 and 3.13.01; or (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)6.11; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any change, other provisions with respect to matters or questions arising under this Indenture; provided that such change action pursuant to this Clause (9) shall not adversely affect the interests of the Holders of Securities of any series in any material respect; or (10) to add to or change or eliminate any provision of this Indenture as shall be necessary or desirable in accordance with any amendments to the Trust Indenture Act, provided such action shall not adversely affect the interest of Holders of Securities of any series in any material respect. (11) to amend or supplement any provision contained herein or in any supplemental indenture, provided that no such amendment or supplement shall materially adversely affect the interests of the Holders of any Securities then Outstanding.

Appears in 2 contracts

Samples: Indenture (United Parcel Service Inc), Indenture (United Parcel Service Inc)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, Company and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1a) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities, all as provided in Article Eleven; or (2b) to add to the one or more covenants of the Company or other provisions for the benefit of all Holders or for the benefit of the Holders of, or to remain in effect only so long as there shall be Outstanding, Securities of all one or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securitiesmore specified series, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3c) to add any additional Events of Default for the benefit of the Holders of with respect to all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series)Outstanding hereunder; or (4d) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, or eliminate any provision of this Inden- ture or to add any new provision to this Indenture; provided, however, that if such change, elimination or addition shall adversely affect the interests of the provisions Holders of this Indenture in respect of one or more series of Securities, provided that any such addition, change, or elimination (i) shall neither (A) apply to any Security Securities of any series created prior to Outstanding on the execution date of such indenture supplemental indenture and entitled to the benefit of hereto in any material respect, such provision nor (B) modify the rights of the Holder of any such Security change, elimination or addition shall become effective with respect to such provision series only pursuant to the provisions of Section 1202 hereof or (ii) shall become effective only when there is no Security of such Security series remains Outstanding; or (6e) to secure provide collateral security for all but not part of the Securities; or (7f) to establish the form or forms or terms of Securities of any series as permitted contemplated by Sections 2.1 201 and 3.1301; or (8) g) to provide for the authentication and delivery of bearer securities and coupons appertaining thereto representing interest, if any, thereon and for the procedures for the registration, exchange and replacement thereof and for the giving of notice to, and the solicitation of the vote or consent of, the holders thereof, and for any and all other matters incidental thereto; or (h) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a separate or successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b911(b); or (9i) to comply with provide for the procedures required to permit the Company to utilize, at its option, a noncertificated system of registration for all, or any requirements series of, the Securities; or (j) to change any place or places where (1) the principal of and premium, if any, and interest, if any, on all or any series of Securities shall be payable, (2) all or any series of Securities may be surrendered for registration of transfer, (3) all or any series of Securities may be surrendered for exchange and (4) notices and demands to or upon the Commission Company in connection with qualifying respect of all or any series of Securities and this Indenture under the Trust Indenture Act;may be served; or (10k) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother changes to the provisions hereof or to add other provisions with respect to matters or questions arising under this Indenture, provided that such change other changes or additions shall not adversely affect the interests of the Holders of Securities of any series in any material respect.. Without limiting the generality of the foregoing, if the Trust Indenture Act as in effect at the date of the execution and delivery of this Indenture or at any time thereafter shall be amended and

Appears in 2 contracts

Samples: Indenture (Mp&l Capital I), Indenture (Mp&l Capital I)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by or pursuant to a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person corporation to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of with respect to all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided provided, that any such addition, change, change or elimination (i) shall neither (A) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstanding; or (6) to secure the SecuritiesSecurities pursuant to the requirements of Section 10.6 or otherwise; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b); or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this clause (9) shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 2 contracts

Samples: Indenture (Nalco Energy Services Equatorial Guinea LLC), Indenture (Nalco Chemical Co)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, Company and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1a) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities, all as provided in Article Eleven; or (2b) to add to the one or more covenants of the Company or other provisions for the benefit of all Holders or for the benefit of the Holders of, or to remain in effect only so long as there shall be Outstanding, Securities of all one or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securitiesmore specified series, stating that such covenants are expressly being included solely for the benefit of such series) or one or more specified Tranches thereof, or to surrender any right or power herein conferred in this Indenture upon the Company; or (3c) to add any additional Events of Default for the benefit of the Holders of with respect to all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series)Outstanding hereunder; or (4d) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, or eliminate any provision of this Inden ture or to add any new provision to this Indenture; provided, however, that if such change, elimination or addition shall adversely affect the interests of the provisions Holders of this Indenture in respect of one or more series of Securities, provided that any such addition, change, or elimination (i) shall neither (A) apply to any Security Securities of any series created prior to or Tranche Outstanding on the execution date of such indenture supplemental indenture and entitled to the benefit of hereto in any material respect, such provision nor (B) modify the rights of the Holder of any such Security change, elimination or addition shall become effective with respect to such provision series or (ii) shall become effective Tranche only pursuant to the provisions of Section 1202 hereof or when there is no Security of such Security series or Tranche remains Outstanding; or (6) to secure the Securities; or (7e) to establish the form or forms or terms of Securities of any series or Tranche as permitted contemplated by Sections 2.1 201 and 3.1301; or (8) f) to provide for the authentication and delivery of bearer securities and coupons appertaining thereto representing interest, if any, thereon and for the procedures for the registration, exchange and replacement thereof and for the giving of notice to, and the solicitation of the vote or consent of, the holders thereof, and for any and all other matters incidental thereto; or (g) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a separate or successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b911(b); or (9h) to comply with provide for the procedures required to permit the Company to utilize, at its option, a non-certificated system of registration for all, or any requirements series or Tranche of, the Securities; or (i) to change any place or places where (1) the principal of and premium, if any, and interest, if any, on all or any series of Securities, or any Tranche thereof, shall be payable, (2) all or any series of Securities, or any Tranche thereof, may be surrendered for registration of transfer, (3) all or any series of Securities, or any Tranche thereof, may be surrendered for exchange and (4) notices and demands to or upon the Commission Company in connection with qualifying respect of all or any series of Securities, or any Tranche thereof, and this Indenture under the Trust Indenture Act;may be served; or (10j) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother changes to the provisions hereof or to add other provisions with respect to matters or questions arising under this Indenture, provided that such change other changes or additions shall not adversely affect the interests of the Holders of Securities of any series or Tranche in any material respect.. Without limiting the generality of the foregoing, if the Trust Indenture Act as in effect at the date of the execution and delivery of this Indenture or at any time thereafter shall be amended and

Appears in 2 contracts

Samples: Indenture (Arkansas Power & Light Co), Indenture (Louisiana Power & Light Co /La/)

Supplemental Indentures Without Consent of Holders. Without Unless otherwise provided pursuant to Section 3.1, without the consent of any HoldersHolders of Debentures or Coupons, 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 indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1a) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the SecuritiesDebentures; or (2b) to add to the covenants of the Company for the benefit of the Holders of Debentures of all or any series of Securities (and if such covenants are to be for the benefit of Debentures of less than all series of Securitiesseries, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3c) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of Debentures of less than all series of Securitiesseries, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4d) to add to or change any of the provisions of this Indenture to such extent as shall provide that Bearer Debentures may be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable registerable as to principal, and with to change or without eliminate any restrictions on the payment of principal of or any premium or interest couponson Bearer Debentures, to permit Bearer Debentures to be issued in exchange for Registered Debentures, to permit Bearer Debentures to be issued in exchange for Bearer Debentures of other authorized denominations or to permit or facilitate the issuance of Securities Debentures in uncertificated form, provided that any such action shall not adversely affect the interests of the Holders of Debentures of any series or any related Coupons in any material respect; or (5e) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of SecuritiesIndenture, provided that any such addition, change, change or elimination (i) shall neither (A) apply to any Security become effective only when there is no Debenture Outstanding of any series created prior to the execution of such supplemental indenture and which is entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstandingprovision; or (6) to secure the Securities; or (7f) to establish the form or forms or terms of Securities Debentures of any series and any related coupons as permitted by Sections 2.1 and 3.1; or (8) g) to evidence and provide for the acceptance of appointment under this Indenture thereunder by a successor Trustee with respect to the Securities Debentures of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b6.8(b); or (9h) to comply make provision with any respect to the conversion rights of Holders pursuant to the requirements of Article XIV, including providing for the Commission in connection with qualifying this Indenture under conversion of the Trust Indenture Act;Debentures into any security or property (other than the Common Stock of the Company); or (10i) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action shall not adversely affect the interests of the Holders of Securities Debentures of any series or any related Coupons in any material respect.

Appears in 2 contracts

Samples: Indenture (Sun Healthcare Group Inc), Indenture (Sun Healthcare Group Inc)

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 indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) : to evidence the succession of another Person to the Company Company, or successive successions, and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the SecuritiesSecurities in compliance with Article 8; or (2) or to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) or to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) or to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) or to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) or to secure the Securities, including provisions regarding the circumstances under which collateral may be released or substituted; or (7) or to add or provide for a guaranty of the Securities or additional obligors on the Securities; or to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or (8) or to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)6.11; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) or to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this clause (10) shall not adversely affect the interests of the Holders of Securities of any series in any material respect; or to supplement any of the provisions of the Indenture to such extent as shall be necessary to permit or facilitate the defeasance and discharge of any series of Securities pursuant to Articles 4 and 13, provided that any such action shall not adversely affect the interests of the Holders of Securities of such series or any other series of Securities in any material respect.

Appears in 2 contracts

Samples: Indenture (Sigma Designs Inc), Indenture (Sigma Designs Inc)

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 indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of with respect to all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated formform or in the form of Book-Entry Securities; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) to secure the Securities; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 201 and 3.1301; or (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b611(b); or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this clause (9) other than with respect to a defective provision shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 2 contracts

Samples: Indenture (Solutia Inc), Indenture (Solutia Inc)

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 indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) to secure the SecuritiesSecurities pursuant to the requirements of Section 1008 or other wise; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 201 and 3.1301; or (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)611; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this Clause (9) shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 2 contracts

Samples: Indenture (American Greetings Corp), Indenture (American Greetings Corp)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the CompanyIssuers, when authorized by a Board ResolutionResolutions, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to either or both of the Company Issuers and the assumption by any such successor of the covenants of the Company in this Indenture such Issuers herein and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of the Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the CompanyIssuers; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of the Securities (and if such additional Events of Default are to be for the benefit of less than all series of the Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of the Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of the Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of the Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) to secure provide security for the Securities; or (7) to establish the form or forms or terms of the Securities of any series as permitted by Sections 2.1 2.01 and 3.13.01; or (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)6.07; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this clause (9) shall not adversely affect the interests of the Holders of Securities of any series in any material respect; or (10) to add to, change, or eliminate any of the provisions of this Indenture to such extent as shall be necessary to add or substitute any of the Partnership’s Subsidiaries as a co-issuer of securities of an applicable series; or (11) to conform the text of this Indenture, the Securities of a series, or any supplemental indenture in respect such series of Securities to any provision of the “Description of Notes” or “Description of Debt Securities” contained in the prospectus supplement or accompanying prospectus relating to such series of Securities.

Appears in 2 contracts

Samples: Indenture (Amerigas Partners Lp), Indenture (Amerigas Finance Corp)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, the Guarantor (if the Securities established or affected by such supplemental indenture are Guaranteed Securities), when authorized by a Guarantor Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1a) to establish the form or terms of Securities of any series as permitted by Sections 2.1 or 3.1 or to establish the form of a Guarantee with respect to the Securities of any series as permitted by Section 2.5; or (b) to evidence the succession of another Person to the Company or the Guarantor, if applicable, and the assumption by any such successor of the covenants of the Company in this Indenture or the Guarantor, if applicable, herein and in the SecuritiesSecurities or the Guarantee; or (2c) to add to the covenants of the Company or the Guarantor for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the CompanyCompany or the Guarantor; or (3d) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5e) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided provided, that any such addition, change, change or elimination (i) shall neither (A) apply to any become effective only when there is no Outstanding Security of any series created prior to the execution of such supplemental indenture and that is entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstandingnot apply to any Outstanding Securities; or (6f) to secure convey, transfer, assign, mortgage or pledge any property to or with the Trustee for the purposes of securing the Securities; or (7g) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b); or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10h) to cure any ambiguity, mistaketo correct or supplement any provision herein that may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided provided, that such change action shall not adversely affect the interests of the Holders of Securities of any series in any material respect; or (i) to comply with the requirements of the Commission in order to effect or maintain qualification of this Indenture under the Trust Indenture Act.

Appears in 2 contracts

Samples: Senior Indenture (MRM Capital Trust Iii), Senior Indenture (Mutual Risk Management LTD)

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 indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) 9.1.1 to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) 9.1.2 to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) 9.1.3 to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) 9.1.4 to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) 9.1.5 to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) 9.1.6 to secure the SecuritiesSecurities pursuant to the requirements of Article 10 or otherwise; or (7) 9.1.7 to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or (8) 9.1.8 to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)6.11; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) 9.1.9 to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this Section 9.1.9 shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 2 contracts

Samples: Indenture (Vale Overseas LTD), Indenture (Gerdau Trade II Inc.)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the The Company, when authorized by a Board Resolution, and the Trustee, Trustee at any time and from time to time, may amend this Indenture or enter into one or more indentures supplemental indentureshereto, to be in a form satisfactory to the Trustee, Trustee without notice to or consent of any Securityholder for any of the following purposes: (1) to evidence the succession comply with Section 5.01; or (2) to provide for uncertificated Securities in addition to or in place of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture and in the certificated Securities; or (23) to add to the covenants of the Company Company, for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) ), or to surrender any right or power herein conferred in this Indenture upon the Company; or (34) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of applicable to less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of to be applicable to such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of SecuritiesIndenture, provided that any such addition, change, change or elimination (i) shall neither (A) apply to any become effective only when there is no Security outstanding of any series created prior to the execution of such supplemental indenture and which is entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstandingprovision; or (6) to secure establish the Securitiesform or terms of Securities of -41- any series as permitted by Sections 2.01 and 2.02; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or (8) to evidence and provide for the acceptance of appointment under this Indenture by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture by more than one Trustee, pursuant to the requirements of Section 6.11(b); or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture which shall not be inconsistent with any provision of this Indenture, provided that such change other provisions shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 2 contracts

Samples: Indenture (Assisted Living Concepts Inc), Indenture (Assisted Living Concepts Inc)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board ResolutionResolution or Officer’s Certificate, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1a) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2b) to evidence the addition of a co-obligor (each, a “Co-Obligor”) or Guarantor in respect of any or all series of Securities, as may be permitted in accordance with the terms of such Securities; or (c) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power (but not any obligation, except any obligation concomitant to such right or power) herein conferred in this Indenture upon the Company; or (3d) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4e) to add to, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change or elimination (A) shall neither (i) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (ii) modify the rights of the Holder of any such Security with respect to such provision or (B) shall become effective only when there is no such Security Outstanding; or (f) to secure the Securities pursuant to the requirements of any provision of this Indenture or any indenture supplemental hereto or otherwise; or (g) to establish the form or terms of Securities of any series as permitted by Sections 2.1 and 3.1 and, if required, to provide for the appointment of a co-trustee and/or other agents; or (h) to add or amend provisions for purposes of effecting the conversion or exchange of Securities as contemplated by Section 3.1; or (i) to evidence and provide for the acceptance of appointment hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, pursuant to the requirements of Section 6.13, and/or by additional agents; or (j) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, or elimination (i) shall neither (A) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstanding; or (6) to secure the Securities; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or (8) to evidence and provide for the acceptance of appointment under this Indenture by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture by more than one Trustee, pursuant to the requirements of Section 6.11(b); or (9k) to comply with any requirements of the Commission Trust Indenture Legislation, including without limitation in connection with qualifying qualifying, or maintaining the qualification of, this Indenture under the Trust Indenture Act;; or (10l) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this clause (l) shall not adversely affect in any material respect the interests of the Holders of Securities of any series in any material respectseries.

Appears in 2 contracts

Samples: Subordinated Indenture (Brookfield Asset Management Ltd.), Indenture (Brookfield Asset Management Ltd.)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, Company and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form reasonably satisfactory to the Trustee, for any of the following purposes: (1a) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities, all as provided in Article Ten; or (2b) to add to the one or more covenants of the Company or other provisions for the benefit of all Holders or for the benefit of the Holders of, or to remain in effect only so long as there shall be Outstanding, Securities of all one or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securitiesmore specified series, stating that such covenants are expressly being included solely for the benefit of such series) or one or more specified Tranches thereof, or to surrender any right or power herein conferred in this Indenture upon the Company; or (3c) to change or eliminate any provision of this Indenture or to add any additional Events of Default for new provision to this Indenture; provided, however, that if such change, elimination or addition shall adversely affect the benefit interests of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, or elimination (i) shall neither (A) apply to any Security of any series created prior to the execution of or Tranche in any material respect, such supplemental indenture and entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security change, elimination or addition shall become effective with respect to such provision series or (ii) shall become effective Tranche only when there is no Security of such Security series or Tranche remains Outstanding; or (6d) to secure provide collateral security for the SecuritiesSecurities or any series thereof; or (7e) to establish the form or forms or terms of Securities of any series or Tranche as permitted contemplated by Sections 2.1 201 and 3.1301; or (8) f) to provide for the authentication and delivery of bearer securities and coupons appertaining thereto representing interest, if any, thereon and for the procedures for the registration, exchange and replacement thereof and for the giving of notice to, and the solicitation of the vote or consent of, the holders thereof, and for any and all other matters incidental thereto; or (g) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b811(b); or (9h) to comply with provide for the procedures required to permit the Company to utilize, at its option, a non-certificated system of registration for all, or any requirements series or Tranche of, the Securities; or (i) to change any place or places where (1) the principal of and premium, if any, and interest, if any, on all or any series of Securities, or any Tranche thereof, shall be payable, (2) all or any series of Securities, or any Tranche thereof, may be surrendered for registration of transfer, (3) all or any series of Securities, or any Tranche thereof, may be surrendered for exchange and (4) notices and demands to or upon the Commission Company in connection with qualifying respect of all or any series of Securities, or any Tranche thereof, and this Indenture under the Trust Indenture Act;may be served; or (10j) to cure any ambiguity, mistake, defect to correct or inconsistencysupplement any provision herein which may be defective or inconsistent with any other provision herein; or (11) or to make any changeother changes to the provisions hereof or to add other provisions with respect to matters or questions arising under this Indenture, provided that such change other changes or additions shall not adversely affect the interests of the Holders of Securities of any series or Tranche in any material respect.. Without limiting the generality of the foregoing, if the Trust Indenture Act as in effect at the date of the execution and delivery of this Indenture or at any time thereafter shall be amended and

Appears in 1 contract

Samples: Indenture (Washington Water Power Co)

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 indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: : (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities, as the case may be; or or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or or (6) to secure the Securities; or or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or or (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)6.11; or or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistake, defect to correct or inconsistencysupplement any provision herein which may be defective or inconsistent with any other provision herein; or or (1110) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this clause (10) shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 1 contract

Samples: Senior Indenture (PHX Minerals Inc.)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the CompanyCorporation, when authorized by or pursuant to a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company Corporation and the assumption by any such successor of the covenants of the Company in this Indenture Corporation contained herein and in the Securities; or (2) to add to the covenants of the Company Corporation for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the CompanyCorporation; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, Indenture; provided that any such addition, change, change or elimination (i) shall neither (A) apply to any become effective only when there is no Security Outstanding of any series created prior to the execution of such supplemental indenture and which is entitled to the benefit of such provision nor provision; or (B5) modify to secure the rights Securities pursuant to the requirements of the Holder of any such Security with respect to such provision Section 803 or (ii) shall become effective only when there is no such Security Outstanding1006 or otherwise; or (6) to secure the Securities; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 201 and 3.1301; or (8) 7) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)610(b) or to comply with applicable law; or (8) to close this Indenture with respect to the authentication and delivery of additional series of Securities; or (9) to comply with supplement any requirements of the Commission in connection with qualifying provisions of this Indenture under to such extent as shall be necessary to permit or facilitate the Trust Indenture Act;defeasance and discharge of any series of Securities pursuant to Sections 401, 1402 and 1403; provided that any such action shall not adversely affect the interests of the Holders of Securities of such series or any other series of Securities in any material respect; or (10) to cure any ambiguity, mistaketo correct or supplement any provision herein or in any supplemental indenture which may be inconsistent with any other provision herein or in any supplemental indenture, defect or inconsistency; or (11) to make any change, other provisions with respect to matters or questions arising hereunder or in any supplemental indenture; provided that such change action shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 1 contract

Samples: Indenture (Ovintiv Inc.)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, Company and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1a) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities, all as provided in Article Eleven; or (2b) to add to the one or more covenants of the Company or other provisions for the benefit of all Holders or for the benefit of the Holders of, or to remain in effect only so long as there shall be Outstanding, Securities of all one or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securitiesmore specified series, stating that such covenants are expressly being included solely for the benefit of such series) or one or more specified Tranches thereof, or to surrender any right or power herein conferred in this Indenture upon the Company; or (3c) to add any additional Events of Default for the benefit of the Holders of with respect to all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series)Outstanding hereunder; or (4d) to add to change or change eliminate any of the provisions provision of this Indenture or to add any new provision to this Indenture; provided, however, that if such extent as change, elimination or addition shall be necessary to permit or facilitate adversely affect the issuance interests of the Holders of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, or elimination (i) shall neither (A) apply to any Security of any series created prior to or Tranche Outstanding on the execution date of such indenture supplemental indenture and entitled to the benefit of hereto in any material respect, such provision nor (B) modify the rights of the Holder of any such Security change, elimination or addition shall become effective with respect to such provision series or (ii) shall become effective Tranche only pursuant to the provisions of Section 1202 hereof or when there is no Security of such Security series or Tranche remains Outstanding; or (6e) to secure provide collateral security for the Securities; or (7f) to establish the form or forms or terms of Securities of any series or Tranche as permitted contemplated by Sections 2.1 201 and 3.1301; or (8) g) to provide for the authentication and delivery of bearer securities and coupons appertaining thereto representing interest, if any, thereon and for the procedures for the registration, exchange and replacement thereof and for the giving of notice to, and the solicitation of the vote or consent of, the holders thereof, and for any and all other matters incidental thereto; or (h) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a separate or successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b911(b); or (9i) to comply with provide for the procedures required to permit the Company to utilize, at its option, a non-certificated system of registration for all, or any requirements series or Tranche of, the Securities; or to provide for the authentication and delivery of bearer securities and coupons appertaining thereto representing interest, if any, thereon and for the procedures for the registration, exchange and replacement thereof and for the giving of notice to, and the solicitation of the Commission vote or consent of, the holders thereof, and for any and all other matters incidental thereto; or (j) to change any place or places where (1) the principal of and premium, if any, and interest, if any, on all or any series of Securities, or any Tranche thereof, shall be payable, (2) all or any series of Securities, or any Tranche thereof, may be surrendered for registration of transfer, (3) all or any series of Securities, or any Tranche thereof, may be surrendered for exchange and (4) notices and demands to or upon the Company in connection with qualifying respect of all or any series of Securities, or any Tranche thereof, and this Indenture under the Trust Indenture Act;may be served; provided, however, that any such place is located in New York, New York, or St. Louis, Missouri; or (10k) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother changes to the provisions hereof or to add other provisions with respect to matters or questions arising under this Indenture, provided that such change other changes or additions shall not adversely affect the interests of the Holders of Securities of any series or Tranche in any material respect.

Appears in 1 contract

Samples: Indenture for Unsecured Subordinated Debt Securities (Union Electric Co)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the CompanyIssuers, when authorized by a Board ResolutionResolutions, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to either or both of the Company Issuers and the assumption by any such successor of the covenants of the Company in this Indenture such Issuers herein and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the CompanyIssuers; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series)Default; or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) to secure provide security for the Securities; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 2.01 and 3.13.01; or (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)6.11; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this clause (9) shall not adversely affect the interests of the Holders of Securities of any series in any material respect; or (10) to add to, change, or eliminate any of the provisions of this Indenture to such extent as shall be necessary to add or substitute any of the Partnership’s subsidiaries as a co-issuer of securities of an applicable series.

Appears in 1 contract

Samples: Indenture (Amerigas Finance Corp)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, Company and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1a) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Debt Securities, all as provided in Article XI; or (2b) to add to the one or more covenants of the Company or other provisions for the benefit of all Holders or for the benefit of the Holders of, or to remain in effect only so long as there shall be Outstanding, Debt Securities of all one or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securitiesmore specified series, stating that such covenants are expressly being included solely for the benefit of such series) or one or more specified Tranches thereof, or to surrender any right or power herein conferred in this Indenture upon the Company; or (3c) to add any additional Events of Default for the benefit of the Holders of with respect to all or any series of Debt Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series)Outstanding hereunder; or (4d) to add to change or change eliminate any of the provisions provision of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated formadd any new provision to this Indenture; or (5) to add toprovided, however, that if such change, elimination or eliminate any addition shall adversely affect the interests of the provisions Holders of this Indenture in respect of one or more series of Securities, provided that any such addition, change, or elimination (i) shall neither (A) apply to any Security Debt Securities of any series created prior to or Tranche Outstanding on the execution date of such indenture supplemental indenture and entitled to the benefit of hereto in any material respect, such provision nor (B) modify the rights of the Holder of any such Security change, elimination or addition shall become effective with respect to such provision series or (ii) shall become effective Tranche only pursuant to the provisions of Section 12.02 hereof or when there is no Debt Security of such Security series or Tranche remains Outstanding; or (6e) to secure provide collateral security for the SecuritiesDebt Securities of any series or Tranche; or (7f) to establish the form or forms or terms of Debt Securities of any series or Tranche as permitted contemplated by Sections 2.1 2.01 and 3.13.01; or (8) g) to provide for the authentication and delivery of bearer securities and coupons appertaining thereto representing interest, if any, thereon and for the procedures for the registration, exchange and replacement thereof and for the giving of notice to, and the solicitation of the vote or consent of, the holders thereof, and for any and all other matters incidental thereto; or (h) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a separate or successor Trustee with respect to the Debt Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b9.11(b); or (9i) to comply with provide for the procedures required to permit the Company to utilize, at its option, a non-certificated system of registration for all, or any requirements series or Tranche of, the Debt Securities; or to provide for the authentication and delivery of bearer securities and coupons appertaining thereto representing interest, if any, thereon and for the procedures for the registration, exchange and replacement thereof and for the giving of notice to, and the solicitation of the Commission vote or consent of, the holders thereof, and for any and all other matters incidental thereto; or (j) to change any place or places where (1) the principal of and premium, if any, and interest (including Additional Interest), if any, on all or any series of Debt Securities, or any Tranche thereof, shall be payable, (2) all or any series of Debt Securities, or any Tranche thereof, may be surrendered for registration of transfer, (3) all or any series of Debt Securities, or any Tranche thereof, may be surrendered for exchange and (4) notices and demands to or upon the Company in connection with qualifying respect of all or any series of Debt Securities, or any Tranche thereof, and this Indenture under the Trust Indenture Act;may be served; or (10k) to cure any ambiguity, mistake, defect ambiguity or inconsistencyto correct or supplement any provision herein that may be defective or inconsistent with any other provision herein; or (11) to make any change, provided that no such change changes or additions shall not adversely affect the interests of the Holders of Debt Securities of any series or Tranche in any material respect.. Without limiting the generality of the foregoing, if the Trust Indenture Act as in effect at the date of the execution and delivery of this Indenture or at any time thereafter shall be amended and

Appears in 1 contract

Samples: Indenture (Pebblebrook Hotel Trust)

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 indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series)Default; or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any -------- such addition, change, change or elimination (i) shall neither (A) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstanding; or (6) to secure the Securities; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b); or (9) to comply with provide that Securities of any requirements Series may be convertible into other securities or other property and to set forth the terms and conditions of the Commission in connection with qualifying this Indenture under the Trust Indenture Act;conversion of any such convertible Securities; or (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this clause -------- (10) shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 1 contract

Samples: Indenture (Susquehanna Bancshares Inc)

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